Children and Young People (Scotland) Act 2014: National Guidance on Part 12: Services in relation to Children at Risk of Becoming Looked After, etc

Appendix A: Part 12 Of The 2014 Act And The 2016 Order

Children And Young People (Scotland) Act 2014

Part 12

Services In Relation To Children At Risk Of Becoming Looked After, Etc.

68 Provision of relevant services to parents and others

(1) A local authority must make arrangements to secure those relevant services of such

Description as the Scottish Ministers may by order specify are made available for-

(a) Each eligible child residing in its area,
(b) A qualifying person in relation to such a child,
(c) Each eligible pregnant woman residing in its area,
(d) A qualifying person in relation to such a woman.

(2) A "relevant service" is a service comprising, or comprising any combination of-

(a) Providing information about a matter,
(b) Advising or counselling about a matter,
(c) Taking other action to facilitate the addressing of a matter by a person.

(3) An "eligible child" is a child who the authority considers-

(a) To be at risk of becoming looked after, or
(b) To fall within such other description as the Scottish Ministers may by order
Specify.

(4) A "qualifying person" in relation to an eligible child is a person-

(a) Who is related to the child,
(b) who has any parental rights or responsibilities in relation to the child, or
(c) with whom the child is, or has been, living.

(5) An "eligible pregnant woman" is a pregnant woman who the authority considers is going to give birth to a child who will be an eligible child.

(6) A "qualifying person" in relation to an eligible pregnant woman is a person-

(a) who is the father of the child to whom the pregnant woman is to give birth,
(b) who is married to, in a civil partnership with or otherwise related to the pregnant woman,
(c) with whom the pregnant woman is living, or
(d) who does not fall within any of paragraphs (a) to (c) but who the authority considers will, when the pregnant woman gives birth to the child, become a qualifying person in relation to the child.

(7) The references in this section to a person who is related to another person ("the other person") includes a person who-

(a) is married to or in a civil partnership with a person who is related to the other person,
(b) is related to the other person by the half blood.

(8) This section is without prejudice to section 22 of the 1995 Act.

69 Relevant services: further provision

(1) The Scottish Ministers may by order make provision about-

(a) when or how relevant services specified in an order under section 68(1) are to be provided,
(b) when or how a local authority is to consider whether a child is within paragraph (a) or (b) of section 68(3),
(c) when or how a local authority is to review whether a child continues to be within paragraph (a) or (b) of section 68(3),
(d) such other matters about the provision of relevant services specified in an order under section 68(1) as the Scottish Ministers consider appropriate.

(2) An order under subsection (1)(d) may include provision about-

(a) circumstances in which relevant services specified in an order under section 68(1) may be provided subject to conditions (including conditions as to payment), and
(b) consequences of such conditions not being met.

70 Interpretation of Part 12

The following expressions have the same meaning in this Part as they have in Part 1 of the 1995 Act-
parental responsibilities
parental rights.

The Relevant services in relation to children at risk of becoming looked after etc. (Scotland) Order 2016

Scottish Statutory Instruments

2016 No. 44
Children And Young Persons

The Children and Young People (Scotland) Act 2014 (Relevant
Services in relation to Children at Risk of Becoming Looked
After etc.) Order 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 68(1) and 69(1)(b) and (d) of the Children and Young People (Scotland) Act 2014( a) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.- (1) This Order may be cited as the Children and Young People (Scotland) Act 2014

(Relevant Services in relation to Children at Risk of Becoming Looked After etc.) Order 2016 and comes into force on 31st August 2016.

(2) In this Order, "the Act" means the Children and Young People (Scotland) Act 2014.

Relevant services

2.- (1) The following descriptions of relevant services are specified for the purpose of section 68(1) of the Act:-
(a) family group decision-making services; and
(b) support services in relation to parenting.
(2) For the purpose of paragraph (1)-
(a) a "family group decision-making service" means a service which is designed to facilitate decision-making by a child's family in relation to the services and support required for the child; and
(b) a "support service in relation to parenting" means a service which is designed to increase parenting skills.

Relevant services: further provision

3.- (1) Relevant services are to be provided in accordance with this article.
(2) For the purpose of considering whether a child is within section 68(3)(a) of the Act, a local authority must consider whether the child's wellbeing is being, or is at risk of being, adversely affected by any matter, such that the child is at risk of becoming looked after.
(3) A local authority must only provide relevant services as specified in article 2 where the local authority considers that the likely benefit to the eligible child's wellbeing in doing so outweighs any likely adverse effect on that wellbeing arising from doing so.
(4) In considering the likely effect on an eligible child's wellbeing as mentioned in paragraph (3) a local authority must, so far as reasonably practicable, ascertain and have regard to the views of-
(a) the child; and
(b) such other persons as the local authority considers appropriate.

Publication of information about the provision of relevant services

4. Each local authority must publish, in such manner as it considers appropriate, information about-
(a) the provision of relevant services (as specified in article 2) in its area;
(b) the ways in which persons can contact the local authority about the provision of those relevant services; and
(c) such other matters, relating to the provision of those relevant services, as the local authority considers appropriate.