Analysis Of Responses To The Consultation On Draft Statutory Guidance For Parts 4, 5 & 18 (Section 96) Of The Children And Young People (Scotland) Act 2014

This is a report on Analysis of Responses to the Consultation on Draft Statutory Guidance for Parts 4, 5 & 18 (Section 96) of the Children and Young People (Scotland) Act 2014.


Annex 1: Consultation Questions


Consultation question Number of responses received % of total 282 responses
Q1 Overall, do you think that the draft guidance gives a clear interpretation of the Act to support organisations' implementation of the duties? (Yes / No) 158 56%
Please provide details. 146 52%
Q2 Do you think the draft guidance on wellbeing provides clarity about what wellbeing means in the context of the Act? (Yes / No) 142 50%
What is helpful and / or what do you think could be clearer? 152 54%
Q3 Are the explanations of the eight wellbeing indicators helpful? (2.5) (Yes / No) 137 49%
What is helpful and / or what do you think could be clearer? 123 44%
Q4 Are the descriptions and examples of wellbeing concerns sufficiently clear and helpful? (2.7) (Yes / No) 132 47%
What is helpful and / or what do you think could be clearer? 125 44%
Q5 Please provide any other general comments about the draft guidance on wellbeing. 132 47%
Q6 Is the draft guidance clear on the organisational arrangements which are to be put in place by the service provider to support the functions of the Named Person? (4.1.3 - 4.1.4) (Yes / No) 125 44%
What is helpful and / or what do you think could be clearer? 110 39%
Q7 The Named Person Order and the draft guidance in support of this relate to training, qualifications, experience and position of who can be a Named Person. (Named Person Order and 4.1.5 - 4.1.17). Are they sufficient to promote reliability in the quality of the Named Person service while supporting the flexibility to ensure that organisations can provide the service universally and consistently? (Yes / No) 131 46%
Do they provide clarity? (Yes / No) 127 45%
Please give reasons for your answers, including if you think they should be changed. 141 50%
Q8 Is the level of detail provided on the delivery of the Named Person functions within the draft guidance appropriate to guide service providers in the provision of the service? (4.1.19 - 4.1.27) (Yes / No) 123 44%
What is helpful and / or what do you think could be clearer? 110 39%
Q9 The draft guidance outlines how arrangements for making the Named Person service available during school holiday periods and other absences should be put in place. Do you agree that this provides sufficient clarity while allowing local flexibility? (4.1.30 - 4.1.32) (Yes / No) 119 42%
What is helpful and / or what do you think could be clearer? 101 36%
Q10 This section of the draft guidance outlines arrangements for making the Named Person service available for pre-school children. Do you think it provides clarity? (Yes / No) 109 39%
What is helpful and / or what do you think could be clearer? 76 27%
Q11 This section of the draft guidance outlines arrangements for making the Named Person service available for children who are not pre-school children. Do you think it provides clarity? (6.1.1 - 6.1.8) (Yes / No) 108 38%
What is helpful and / or what do you think could be clearer? 73 26%
Q12 Does the draft guidance make clear arrangements for providing the Named Person service for children who leave school before their 18th birthday? (6.1.9 - 6.1.25) (Yes / No) 116 41%
What is helpful and / or what do you think could be clearer? 95 34%
Q13 Does the draft guidance make clear arrangements for providing the Named Person service for children of Gypsy/travellers? (6.1.26 - 6.1.31) (Yes / No) 97 34%
What is helpful and / or what do you think could be clearer? 72 26%
Q14 Does the draft guidance make clear arrangements for providing the Named Person service for children who are home educated? (6.1.32 - 6.1.39) (Yes / No) 100 35%
What is helpful and / or what do you think could be clearer? 65 23%
Q15 Does the draft guidance make clear arrangements for providing the Named Person service for those families with more than one Named Person? (6.1.41 - 6.1.43) (Yes / No) 105 37%
What is helpful and / or what do you think could be clearer? 69 24%
Q16 Does the draft guidance make clear the requirements and expectations in relation to communicating information about the Named Person service and the Named Person? (Yes / No) 115 41%
What is helpful and / or what do you think could be clearer? 81 29%
Q17 Does the draft guidance make clear the arrangements which should be in place for service providers or relevant authorities to help a Named Person? (9.1.1 - 9.1.8) (Yes / No) 115 41%
What is helpful and / or what do you think could be clearer? 87 31%
Q18 Is the draft guidance on these sections clear on requirements in relation to consideration and sharing of relevant and proportionate information when there are wellbeing concerns? (Yes / No) 122 43%
What is helpful and / or what do you think could be clearer? 114 40%
Q19 Does the draft guidance make clear the arrangements and processes that authorities will need to put in place to facilitate and support the consideration and sharing of relevant and proportionate information? (Yes / No) 111 39%
What is helpful and / or what do you think could be clearer? 84 30%
Q20 Does the draft guidance make clear that the sharing of relevant and proportionate information under this Act must meet the requirements of the Data Protection Act 1998 and the European Convention of Human Rights? (Yes / No) 114 40%
What is helpful and / or what do you think could be clearer? 75 27%
Q21 Does the draft guidance make clear the arrangements for managing and sharing information when duties of confidentiality are a consideration? (10.2.14 - 10.2.16 and 10.3.10 - 10.3.13) (Yes / No) 114 40%
What is helpful and / or what do you think could be clearer? 101 36%
Q22 Are the arrangements set out for considering the views of the child clear? (10.3.3 - 10.3.4) (Yes / No) 120 43%
What is helpful and / or what do you think could be clearer? 93 33%
Q23 Please provide any other general comments about the draft guidance on the Named Person service, including the information sharing sections? 181 64%
Q24 Please provide any other general comments about the draft order on the Named Person. 57 20%
Q25 Is the draft guidance clear about the definition and explanation of what constitutes a 'targeted intervention'? (11.2.4. - 11.2.5) (Yes / No) 116 41%
What is helpful and / or what do you think could be clearer? 105 37%
Q26 Are the arrangements for seeking the views of the child, parents and others during consideration of the need for a Child's Plan set out clearly in the draft guidance? (11.2.7 - 11.2.12) (Yes / No) 115 41%
What is helpful and / or what do you think could be clearer? 88 31%
Q27 Do you agree that the content of the plan, as set out in the Schedule to the draft order and described further in the draft guidance is clear and covers the full range of likely circumstances? (11.3.1. - 11.3.9 and draft Child's Plan Order) (Yes / No) 110 39%
What is helpful and / or what do you think could be clearer? 91 32%
Q28 Are the arrangements and processes set out in the draft guidance for preparing a child's plan clear? (11.4.1 - 11.4.6) (Yes / No) 103 37%
What is helpful and / or what do you think could be clearer? 79 28%
Q29 Does the draft guidance give clear support on how the child's plan and the co-ordinated support plan should be integrated? (11.4.7 - 11.4.10) (Yes / No) 107 38%
What is helpful and / or what do you think could be clearer? 74 26%
Q30 Does the draft guidance make clear the different roles of the responsible, relevant, directing and managing authorities [in preparing a child's plan]? (Yes / No) 102 36%
What is helpful and / or what do you think could be clearer? 63 22%
Q31 Does the draft guidance make clear the processes and arrangements for managing the child's plan? (11.8.1 - 11.8.13) (Yes / No) 101 36%
What is helpful and / or what do you think could be clearer? 76 27%
Q32 Does the draft guidance make clear the arrangements for transferring management of a child's plan? (11.9.1 - 11.9.21) (Yes / No) 99 35%
What is helpful and / or what do you think could be clearer? 48 17%
Q33 Is the draft guidance helpful in describing the processes and arrangements for providing assistance in relation to functions under this part of the Act? (11.10.1 - 11.10.8) (Yes / No) 97 34%
What is helpful and / or what do you think could be clearer? 57 20%
Q34 Please provide any other general comments about the draft Child's Plan guidance. 64 23%
Q35 Whenever possible we have referenced existing regulations to show the interaction with the new duties. Do you find this helpful? (Yes / No) 95 34%
Please provide any comments on this approach. 44 16%
Q36 In terms of the 2014 Act, the Named Person, and, as far as reasonably practicable, the child and their parents, are to be consulted on the preparation of a child's plan. The draft Order sets out who else should be consulted in certain circumstances. Under the Act, the responsible authority can also consult with anyone it considers appropriate in any particular case. Do you think any other people should be consulted, as far as reasonably practicable, for the preparation of every plan? (Yes / No) 95 34%
Please provide details including who and why. 55 20%
Q37 Copies of the child's plan should be provided to persons specified in the draft order, except in certain circumstances. This is set out in article 7 of the draft Order. Does this article meet the intention to ensure that others are not placed at risk of harm as a consequence of copies of the plan being provided? (Yes / No) 85 30%
If no, please provide details including what you think should be changed. 34 12%
Q38 Please provide any other general comments about the draft Child's Plan Order. 44 16%

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