Forensic Medical Services (Victims of Sexual Offences) (Scotland) Act 2021: child rights and welfare impact assessment

Monitoring and review

The FMS Act places a duty upon Scottish Ministers to lay an annual statement on whether they will be exercising the delegated power to vary the minimum age for accessing self-referral. This will ensure a continuing review of how children's rights would be impacted and will provide continuing opportunities for representative groups to provide views on behalf of children and young people.

The FMS Act requires Public Health Scotland to produce a report on the operation of the Act. Given the small numbers of FME undertaken on under-18s, it is unlikely the early reports will be able to provide much depth on how the Act is operating with regards to children and young people. However, qualitative data from those with lived experience will be used to augment the report so experiences are better understood.

The retention period for evidence collected during self-referral medical services can be varied by regulations should evidence demonstrate that this is desirable or necessary. The annual report on the operation of the Act will include data that will help inform any review of the retention period.

When the FMS Bill was passed by the Scottish Parliament the Cabinet Secretary for Health and Sport committed to providing funding towards the development of Child and Family Support Workers, who would provide advocacy and support in finding appropriate therapeutic services to help the child's recovery and of their family. The development of these roles is in its early stages and over time should provide valuable support to children and families as well as another route through which children's voices can be fed back to policy leads.

The remaining provisions of the Act are technical in nature and support the earlier sections discussed above.