Transcript cl@n childlaw - clan childlaw

Children and Young People Bill
Consultation
SHARING A LEGAL
PERSPECTIVE
Alison Reid, cl@n childlaw
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
1
cl@n childlaw
ADVOCACY & LEGAL SERVICES FOR
CHILDREN AND YOUNG PEOPLE
•Free legal advice and representation to Children
and Young People in Edinburgh and the Lothians
•Training
•Evidence-based Policy Development Unit
September 2012
cl@n childlaw
Children and Young People Bill Consultation
Community Law Advice Network
Registered Charity Number: SC039156
2
Sharing a Legal Perspective
• Wellbeing
• Care-leavers
• Corporate Parenting
• Kinship Care Orders
• Information Sharing and Confidentiality
• Is there anything else?
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
3
New Focus on Wellbeing
Proposal: Define Wellbeing based on 8
Wellbeing indicators of GIRFEC
Proposal: Certain amendments to Children
(Scotland) Act 1995
•How does this fit within the current legal
framework and welfare?
•Checklist approach
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
4
Young People Leaving Care
Proposal: Extend the right of young people
leaving care to request help from a local
authority up to the age of 25
•Current law: Up to 21 years & Discretionary
•Duty to provide assistance?
•Support for young people to access?
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
5
Definition of Corporate
Parenting
Implemented inconsistently across Scotland
Collective responsibility of relevant bodies and
act in same way as birth parent
•How decisions made?
•Link with PRRs of birth parents & other
orders?
•Address conflict?
•Role for Advocacy Services
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
6
Kinship Care Orders
Aim
Clear responsibility for all the day-to-day
decisions about caring for the child and their
upbringing
Rationale
• Alternative where long-term wellbeing is best
served by being with kinship carers; and
•Does not need regular supervision or corporate
parenting
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
7
Kinship Care Orders
Current Law
•Section 11 of Children (Scotland) Act 1995
•Permanence Orders
Current difficulties? Affordability, accessibility of
court processes?
Assessment and need for Support: Other way of
resolving?
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
8
Confidentiality and
Information Sharing
“complex….and, at times, confusing legal
environment for practitioners”
Proposal: Address within existing legal
framework
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
9
Is there anything else?
• Sibling Contact
• Adoption and Permanence
• Physical Punishment of Children
• ASBOs for under 16s
• Additional Support for Learning - Appeals
• Children (Scotland) Act 1995 & UNCRC
implementation
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156
10
cl@n childlaw
Norton Park,
57 Albion Road,
Edinburgh EH7 5QY
t: 0131 475 2567 or 075 275 66682
e: [email protected]
w: www.clanchildlaw.org
cl@n childlaw
Children & Young People Bill Consultation
September 2012
Community Law Advice Network
Registered Charity Number: SC039156