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National guidance for child protection in Scotland - Scottish ...

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What is Harm and Significant Harm <strong>in</strong> a Child Protection Context?<br />

Child <strong>protection</strong> is closely l<strong>in</strong>ked to the risk of “significant harm”. Significant harm<br />

is a complex matter and subject to professional judgement based on a multiagency<br />

assessment of the circumstances of the <strong>child</strong> and their family. Where<br />

there are concerns about harm, abuse or neglect, these must be shared with the<br />

relevant agencies so that they can decide together whether the harm is, or is<br />

likely to be, significant.<br />

Significant harm can result from a specific <strong>in</strong>cident, a series of <strong>in</strong>cidents or an<br />

accumulation of concerns over a period of time. It is essential that when<br />

consider<strong>in</strong>g the presence or likelihood of significant harm that the impact (or<br />

potential impact) on the <strong>child</strong> takes priority and not simply the alleged abusive<br />

behaviour. The follow<strong>in</strong>g sections illustrate considerations that need to be taken<br />

<strong>in</strong>to account when exercis<strong>in</strong>g that professional judgement.<br />

In order to understand the concept of significant harm, it is helpful to look first at<br />

the relevant def<strong>in</strong>itions.<br />

“Harm” means the ill treatment or the impairment of the health or<br />

development of the <strong>child</strong>, <strong>in</strong>clud<strong>in</strong>g, <strong>for</strong> example, impairment experienced<br />

as a result of see<strong>in</strong>g or hear<strong>in</strong>g the ill treatment of another. In this context,<br />

“development” can mean physical, <strong>in</strong>tellectual, emotional, social or<br />

behavioural development and 'health' can mean physical or mental health.<br />

Whether the harm experienced, or likely to be experienced, by a <strong>child</strong> or<br />

young person is 'significant' is determ<strong>in</strong>ed by compar<strong>in</strong>g the <strong>child</strong>'s health<br />

and development with what might be reasonably expected of a similar<br />

<strong>child</strong>.<br />

There are no absolute criteria <strong>for</strong> judg<strong>in</strong>g what constitutes significant harm. In<br />

assess<strong>in</strong>g the severity of ill treatment or future ill treatment, it may be important<br />

to take account of: the degree and extent of physical harm; the duration and<br />

frequency of abuse and neglect; the extent of premeditation; and the presence or<br />

degree of threat, coercion, sadism and bizarre or unusual elements. Sometimes,<br />

a s<strong>in</strong>gle traumatic event may constitute significant harm, <strong>for</strong> example, a violent<br />

assault, suffocation or poison<strong>in</strong>g. More often, significant harm results from an<br />

accumulation of significant events, both acute and long-stand<strong>in</strong>g, that <strong>in</strong>terrupt,<br />

change or damage the <strong>child</strong>'s physical and psychological development.<br />

To understand and identify significant harm, it is necessary to consider:<br />

the nature of harm, either through an act of commission or omission;<br />

the impact on the <strong>child</strong>’s health and development, tak<strong>in</strong>g <strong>in</strong>to account their<br />

age and stage of development;<br />

the <strong>child</strong>'s development with<strong>in</strong> the context of their family and wider<br />

environment;<br />

the context <strong>in</strong> which a harmful <strong>in</strong>cident or behaviour occurred;<br />

any particular needs, such as a medical condition, communication<br />

impairment or disability, that may affect the <strong>child</strong>'s development, make<br />

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