Transcript Children and Young People (S) Bill

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Children and Young People (Scotland) Act 2014/
Getting it right for every child
Information Sharing
www.scotland.gov.uk/gettingitright
Children & Young People
(Scotland) Act 2014
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• Royal Assent on 27th March 2014
It is legislation now – just not enforced yet
• Early Learning and Child Care - provisions commenced 1st August 2014
• Phased commencement of Act provisions & duties to allow for the development
of capacity and capability to meet duties e.g. additional Health Visitors
• GIRFEC provisions and duties expected to commence in August 2016
Requires full consistent compliance with all aspects of legislation that have
been commenced – every child, every practitioner, all of the time.
• Statutory duties on a range of Public bodies relating to information sharing
• Statutory requests for help/ assistance to a Health Board/Local
Authority/Independent School.
www.scotland.gov.uk/gettingitright
CYP (S) Act 2014
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Key GIRFEC Provisions & Duties
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• Wellbeing defined through indicators – SHANARRI
Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, Included
• Duty to make available universal provision of Named Person Service from birth
(NHS Boards responsibility until age of school entry, then Local Authority)
• Duty of NP Service to Promote, Support and Safeguard Wellbeing
• Duty to share information with Named Person Service/ Duty on Named Person
Service to share information to promote, support or safeguard wellbeing of
child or young person – specific tests and requirements
• Provision in the Act to permit information sharing where there is a duty of
confidentiality
• Provision for Named Person Service to make statutory requests for help to
Relevant Authorities (incl. Boards and Local Authorities)
• Duty on Boards and Local Authorities to provide help unless specific conditions
are met – requests can made in regard of all services provided incl.
commissioned and contracted services
www.scotland.gov.uk/gettingitright
Named Person Service
Systems
Infrastructure
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People
Procedures
Supporting
Contacting other services
Help
Named
Help
Child/
Young
Named person
Person/
Advice
Policies
Processes
Person
Protocols
Sharing
Information
Help
Safeguard
GIRFEC duties – info sharing
Part 4 Section 23
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• Information to be shared by outgoing Named Service with incoming Named
Person Service that is:
a) likely to be relevant to functions of Named Person
• promote, support and safeguard wellbeing of specific child
b) and ought to be shared
• where reasonably practicable, obtain and have regard to the views of child taking account of
age and maturity – note views of parent or anyone else are not required
• sharing outweighs any likely adverse effect on child's wellbeing –note no requirement to
consider effect on parent or other
c) it does not prejudice criminal investigation or prosecution
• Most generally when Child starts primary school
• But also when child moves to another area
• Separate process to traditional transition
www.scotland.gov.uk/gettingitright
GIRFEC duties – info sharing
Part 4 Section 26
• Information to be shared with Named Person if:
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a) likely to be relevant to functions of Named Person
• promote, support and safeguard wellbeing of specific child
b) and ought to be shared
• where reasonably practicable, obtain and have regard to the views of child taking account of
age and maturity – note views of parent or anyone else are not required
• sharing outweighs any likely adverse effect on child's wellbeing –note no requirement to
consider effect on parent or other
c) it does not prejudice criminal investigation or prosecution
• Information to be shared by Named Person if:
– likely to be relevant to the function of service provider or relevant authority or may
affect or effect the wellbeing of a child or young person.
– b) and c) above also apply
•
If tests met then according to the Act relevant and proportionate
information must be shared even where there is a duty of confidentiality
www.scotland.gov.uk/gettingitright
GIRFEC duties – disclosure of info getting
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Part 4 Section 27
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• The recipient (Named Person) of the information must be made
aware of what information is being shared in breach of a duty of
confidentiality
• The recipient is not to provide the information to any other person,
unless sharing of the information is permitted or required by law
including CYP Act.
www.scotland.gov.uk/gettingitright
GIRFEC duties – info sharing and getting
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duty to help Named Person
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• Impact is far reaching
– Health Services - GPs, dentists, community pharmacists, mental
health, addiction, long term conditions, A&E, minor injuries, out
of hours, family planning, sexual health, maternity services,
ambulance service, health visiting, school nursing, CAMHS,
Paediatrics, Neonatology, Community Child Health, Health
Promotion, Allied Health Care Professionals……
– Local Authorities – Education and Learning (inc early childhood
education) Housing, Social Services, Leisure Services……
– Police, Fire Service, Sports Council
– Any organisation performing a function on behalf of a Health
Board or Local Authority
www.scotland.gov.uk/gettingitright
So ……
when is there a requirement to
share information
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• When a child's wellbeing is being or is likely to be at risk
and may require to be addressed
• Wellbeing not welfare – thresholds?
• The issue/ concern may not directly relate to your
service/ treatment/ intervention
• Need for local policy, guidance, systems and processes to
support information sharing
• Duty of confidentiality is not a blockage to sharing
www.scotland.gov.uk/gettingitright
Children and Young People
(Scotland) Act 2014
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• Part 5
• There will be one statutory Child’s Plan which will be used
in all circumstances including CP, LAC , EEI, CSP and those
in Young Offenders institutions
• There will be a plan for all children who have needs only
capable of being met by a targeted intervention
• There will be a minimum data set for the Child’s Plan
• The Named person will on almost all cases instigate the
plan, a Lead Professional being appointed as is
appropriate.
www.scotland.gov.uk/gettingitright
Children and Young People
(Scotland) Act 2014
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• Part 5 - Child’s Plan
• A child has a wellbeing need if the child’s wellbeing is being, or is at
risk of being, adversely affected by any matter
• A “targeted intervention” is a service which–– .
• meeting the needs of children whose needs are not capable of
being met, or met fully, by the services which are provided
generally to children by the authority.
• A relevant/ listed must comply with any reasonable request made
of the person to provide a person exercising functions under this
Part with information, advice or assistance for that purpose.
www.scotland.gov.uk/gettingitright
Children and Young People
(Scotland) Act 2014
Alan Small
Information Sharing and Technological Solutions Lead
Getting it right for every child and young person
Children's Rights and Wellbeing
Scottish Government
Victoria Quay
Edinburgh
EQ6 6QQ
[email protected]
0131 244 7168
07896281709
07531311272
www.scotland.gov.uk/gettingitright
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