Safeguarding laws, regulation and guidance

There is no one single law on safeguarding for all voluntary organisations. There are a range of legal obligations and guidance documents you may need to follow. Your legal obligations depend on:

• What type of organisation you are: there are specific duties and guidance for charities and different rules can apply for other types of organisations
• Who you work with: there are specific duties and guidance when you work with children or adults at risk
• What you do: there can be extra rules if you deliver specifically regulated activities like health, social care or education
• Where you work: you need to follow laws in Scotland but you may have extra or different duties when working elsewhere in the UK or overseas

Wider legal obligations – such as those for health and safety, equality and non-discrimination and data protection - will also affect how you keep people safe.

Find out what's relevant to you

Trustees and leaders of voluntary organisations must identify and consider what laws and guidance are relevant to them. As a starting point, consider:

• If you are a charity, read and follow OSCR, the Scottish Charity Regulator's guidance on safeguarding vulnerable beneficiaries.
• If you work with children, read the NSPCC's summary of the law. You may want to consider the Scottish Government's national child protection guidance.
• If you work with Adults at Risk of harm, you may want to consider the Scottish Government Adult Support and Protection (Scotland) Act 2007: Code of Practice.
• If you deliver public services, you may have duties to follow the Prevent guidance for Scotland that focuses on support to people susceptible to involvement in terrorism.
• If you fundraise, follow the Fundraising Regulator Code of Fundraising Practice.
• If you are working in Scotland but are registered with the Charity Commission for England and Wales, follow their guidance on safeguarding.
• If you deliver services and activities online, check out Ofcom guidance on online safety duties
• If you employ staff, you should follow EHRC guidance on tackling sexual harassment and UK government guidance on whistleblowing for employers.

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