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Ministers will announce the sanctions as part of a package of measures designed to bolster the child protection system by ensuring that a single agency is responsible for the safety of each youngster at risk.
The move follows criticism of social workers over the deaths of 11-week-old Caleb Ness, from Edinburgh, and five-year-old Danielle Reid, from Inverness. Danielle died after being beaten and pushed downstairs by Lee Gaytor, her mother’s boyfriend, in 2002. Caleb was shaken to death in 2001 by his brain-damaged father. A subsequent inquiry found that his death was avoidable and that he had been let down by child protection agencies “at almost every level”.
At present no single agency takes overall responsibility for a child’s welfare. According to ministers the new system should prevent children “falling between the gaps”.
Under the plan each child deemed to be at risk will be assigned a “lead professional” with a legal duty to draw up an action plan to ensure their safety. This could be a police officer, health visitor, social worker or a teacher.
Failure to prepare an action plan would lead to the head of the relevant agency — such as a director of social work or a chief constable — being called before a sheriff to explain the lapse.
If they continue to fail to prepare an action plan they could be charged with contempt of court — an offence which carries a maximum prison sentence of five years or maximum fine of £5,000.
Peter Peacock, the minister for education and young people, is expected to set out the plans over the next few days as part of a review of the children’s hearing system.
“Vulnerable children need strong services that work together to support and protect them and, where necessary, challenge their behaviour,” he said.
“Agencies across Scotland are already starting to work more closely together but more still needs to be done to make the system stronger, speedier and more flexible so that it can serve vulnerable young people better.”
However, Fiona Hyslop, the SNP’s spokeswoman for children and young people, accused the Scottish executive of “creating a culture of blame and buck-passing to divert attention from their own failings”.
She added: “What they should be doing is addressing the national shortage of social workers, in particular the acute shortage of child protection officers, who are needed to implement children’s action plans, and creating a national database on children at risk so that information can be accessed by all agencies.”
Ministers will also set out a strategy to improve the children’s hearings system.
While the number referred to the children’s reporter has dropped slightly, there has been a 600% increase in the number referred on care and welfare grounds.
During 2003-04, more than 45,000 children were referred to the reporter, more than 33,000 of which were on issues of care and welfare.
Although a children’s hearings review carried out last summer found the system was fundamentally sound, it said change was needed to cope with the issues facing the current generation of children.
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