Neglect and the law

Neglect Criminal Offences

• Under Scottish law, child neglect can be prosecuted as a criminal offence if it causes unnecessary suffering or injury to health.

• Parents or carers may face charges under the Children and Young Persons (Scotland) Act 1937 for wilful neglect.

• Criminal proceedings are considered when neglect is severe, persistent, and there are significant welfare concerns.

• Cruel and unnatural treatment is a common law charge which can be applied in Scotland.

Role of the Scottish Children’s Reporter Administration (SCRA)

Core Responsibilities:

• Receive referrals for children believed to need compulsory measures of supervision.

• Investigate referrals by requesting reports and evidence from other professionals involved with a referred child and their family.

• Decide whether a child should be referred to a Children’s Hearing, based on evidence of risk including neglect, and a need for compulsory measures of supervision.

• Draft statements of grounds for Hearings.

• Administer Children’s Hearings including supporting fair process, independence and impartiality of proceedings.

• Conduct Children’s Hearings court proceedings which may include leading evidence of neglect from witnesses.

How SCRA Helps Children and Families

• Provides a route for children to be placed under Compulsory Supervision Orders (CSOs) when necessary, giving them access to protection, guidance, and support.

• Works with social workers, schools, health professionals, and police to safeguard children by making effective decisions about a need to refer a child to a hearing.

• Offers families structured support through a legal framework while prioritising the child’s safety and wellbeing.

• Enable children, young people and families to participate in hearings.

Guidance on Referrals to SCRA

• Anyone can refer a child to the Principal Reporter if they believe the child is at risk.

• Mandatory referrals: Local authorities and police must refer when they consider a child needs protection, guidance, treatment, or control and it might be necessary for a Compulsory Supervision Order to be made in relation to the child.

• Referrals are especially important in cases of neglect where parents fail to sustain improvements, ensuring children do not remain in harmful environments.

• Have early conversations about concerns and do not delay referrals.

• Report to SCRA if positive change cannot be sustained.

• Consider referral when poor school attendance persists despite supports.

• Safeguarding through SCRA does not require criminal evidence.

• Work collaboratively across agencies to ensure concerns are escalated.

• Always keep the child’s safety and wellbeing at the centre of decisions.

Key Takeaways

• Neglect is both a child protection issue and a criminal offence in Scotland.

• SCRA plays a central role in safeguarding children through the Children’s Hearings System.

• Anyone can make a referral to SCRA, ensuring community responsibility for child safety.

• When parents cannot sustain change, SCRA can seek compulsory measures protect children long-term.

• For further information making a referral to SCRA visit How to make a Referral - SCRA

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• Neglect Strategy

• Neglect Guidance

• Neglect Toolkit

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