Sarah Paterson The Politics Show Scotland

If a child gets into difficulty in the water, would an adult think twice to help?

Every child has the right, by law, to be protected from harm. But have we gone too far? Are those who want to work with our children now being put off? Childcare professionals and volunteers across the spectrum believe this is the case.

One teacher, with 35 years experience, is unlikely to set foot in a classroom again since, he was falsely accused of physical abuse.

Brian Burns says that fear of allegations from pupils are affecting the quality of teaching.

"Personally," he says, "I think the balance has swung so far that young teachers nowadays are even afraid to smile at a child."

"Where are the sensible politicians? Please, please First Minister listen to what I'm saying, set up a working group and let's have some common sense for our children," he insists.

Complex system

It is not just some teachers who doubt whether current practice is actually working for the benefit of children.

Professionals and volunteers say the system is complex and unnecessary.

At the moment, everyone who works with children needs to fill in a disclosure form, even if you want to run a school disco.

Judith Gillespie, of the Scottish Parent Teacher Council wants a change to the law.

"I'm really concerned," she says, "that we have this growing culture of viewing every single adult who walks the face of Scotland as a paedophile.

"To consider that someone who works in a children's home and someone who volunteers to help at a school disco are of equal danger to children is ridiculous."

"We need to be far more focused, identify those areas where the utmost scrutiny is required and in the other areas adopt safe practice," she maintains.

Charity concerns

Playgrounds could become eerily empty

Children in Care are also being adversely affected according to one of Scotland's leading Children's Charities.

Maggie Mellon says: "It's awful, you can imagine, you've started at a new school and you've made a friend and you get invited to stay overnight and you can't go unless you ask them to get their mum and dad police checked."

At the Hearts Football Academy in Edinburgh coaches say not enough folk are coming forward to help with Amateur Football. The prospect of a police check can put off those with minor convictions.

"A lot of people," continues Maggie, "will be put off because they have minor convictions and they are afraid to let other people know."

The current child protection law was brought in after the Bichard Report into the murders of Jessica Chapman and Holly Wells.

It is not the sentiment of that law that is in dispute, it is the bureaucracy of it that most seem to disagree with.

Flawed

Is some of the interactive fun being drained out of teaching..?

But those who defend the current practice say you can not be careful enough when it comes to child protection.

Jim Sweeney of Youthlink Scotland is concerned that those calling for change are just having "an anti government rant".

But even Mr Sweeney thinks those who are short term volunteers should not have to follow the same procedures as childcare professionals.

Campaigners argue that the lack of volunteers is affecting sports and activities for kids across Scotland - they say the situation is "seriously flawed".

But with child protection such an emotive issue, will the politicians be willing to make any reforms to the current law?

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