Article 38 (war and armed conflicts): Governments must not allow children under the age of 15 to take part in war or join the armed forces. Governments must do everything they can to protect and care for children affected by war and armed conflicts.

Article 38

1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law applicable to them in armed conflicts which are relevant to the child.

2. States Parties shall take all feasible measures to ensure that persons who have not attained the age of fifteen years do not take a direct part in hostilities.

3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to those who are oldest.

Duty-of-Candour-Report-2022

 

A duty of candour report for a nursery is a legal requirement to be open and honest when things go wrong and a child is harmed, or has the potential to be harmed, by an unexpected incident. It involves informing the affected parties, offering an apology, and explaining how the nursery will learn from the event to improve its future practices. These nurseries typically publish an annual report detailing their compliance with this duty.

Key components of the duty of candour report:

• Reporting incidents:

Staff must report any incident that triggers the duty of candour to the nursery manager or designated senior staff.

• Informing those affected:

The nursery must inform the child’s family or guardian about what happened.

• Apologizing:

An apology must be offered to the affected family, regardless of fault.

• Review and learning:

The nursery must conduct a review to understand why the incident occurred and what steps can be taken to prevent similar events in the future. This includes creating action plans and training staff.

• Annual reporting:

Nurseries registered with a regulatory body, such as the Care Inspectorate in Scotland, must produce a short annual report summarizing their duty of candour incidents for the year and publish it.

• Triggering events:

The duty is typically triggered by an unexpected or unintended incident that results in harm or injury, or has the potential to cause harm. This can include serious events like a child’s death or permanent impairment.