"The offence of child cruelty is contrary to Section 1 of the Children and Young Persons Act 1933 and the offence is in the following terms:"
"If any person who has attained the age of 16-years and has responsibility for any child or young person under that age, wilfully assaults, ill-treats, neglects, abandons or exposes him... in a manner likely to cause him unnecessary suffering or injury to health, that person shall be guilty of an offence."
"The mental element of the offence is `wilful`, not negligence. Wilful is akin to recklessness. That is, a deliberate decision to do something wrong, knowing it to be wrong, or with reckless indifference as to whether it is wrong or not. Section 1 is not therefore a negligence offence, it requires recklessness on the part of an offender."
"Furthermore, section 2 of the Act defines the person being responsible as a `parent or other person legally liable to maintain a child or young person, or the legal guardian...` Section 17 of the Act states who is presumed to have responsibility for a child or young person as being any person who has parental responsibility or is otherwise legally liable to maintain him and any person who has care of the child or young person. The Act does not therefore have any applicability to a public servant acting in that capacity."
"If a public servant could be shown to have had a duty of care towards another and that duty had been breached through negligence, the facts and circumstances may be such as to bring a civil claim against that person, or organisation. However, a public servant would not be prosecuted for the criminal offence of child cruelty, as he would not fall to be within the definition of a person responsible in accordance with the Act."
The Named Person (public servant) will oversee the wellbeing of all children in Scotland and supersede parental authority. Let us remember that making a complaint against the Named Person in Scotland might prove difficult.
Is the Law an ass ? I don`t think it is. It is designed to do exactly what is required of it by those in power.