Children's services planning: guidance
Updated guidance (2020) for local authorities and health boards on exercising the functions conferred by Part 3 of the Children and Young People (Scotland) Act 2014.
Footnotes
1. Please note that the duties set out under section 19 (local authority plans for services for children) of the Children (Scotland) Act 1995 are now repealed (by section 98 and paragraph 4(2) of Schedule 5 to the Act) and replaced by Part 3 (Children’s Services Planning) of the Act.
2. Joint Improvement Team, Scottish Social Services Council, NHS Education for Scotland (2014) Strategic Commissioning (Online Learning Tool), Module 2: National Policy Context. [http://learn.sssc.uk.com/strategiccommissioning/sc_module_2.html]
3. Commission on the future delivery of public services (June 2011) Foreword, p. vi [http://www.gov.scot/resource/doc/352649/0118638.pdf]
4. ‘Strategic commissioning’ is the term used for all the activities involved in assessing and forecasting needs, links investment to agreed desired outcomes, consider options, planning the nature, range and quality of future services and working in partnership to put these in place.
5. Audit Scotland (2012) Commissioning Social Care, p. 3.
[http://www.audit-scotland.gov.uk/docs/health/2012/nr_120301_social_care.pdf]
6. A good plan will include activities and objectives which are SMART (Specific – Measurable – Achievable – Relevant – Time-related) and have taken into account the FIT principles ((a) how frequent will the activity be, (b) how intensive will the activity be, and (c) for how long will the activity need to go on for.)
7. Interim guidance for public bodies has been published to assist in the implementation of the Fairer Scotland Duty, which came into force in April 2018.
8. But only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989.
9. But only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989.
10. The Scottish Psychological Trauma Training Plan (NHS Education for Scotland, 2019) provides step by step guidance on how to develop and sustain a trauma informed workforce.
11. Section 9(2), Part 3 (Children’s Services Planning), Children and Young People (Scotland) Act 2014.
12. Scottish Government, Getting It Right For Every Child website [http://www.gov.scot/Topics/People/Young-People/gettingitright]
13. The services provided to families whose children are at risk of becoming looked after (as per the duties set out in Part 12 of the Act) should also be seen as “early intervention”, their work focused on preventing the need for more significant intervention in the child’s life; for further information please read the Guidance on Part 12: Services in relation to children at risk of becoming looked after, etc. of the Children and Young People (Scotland) Act 2014.
14. Housing (Scotland) Act 2010, section 165.
[http://www.legislation.gov.uk/asp/2010/17/pdfs/asp_20100017_en.pdf]
15. Community Empowerment (Scotland) Act 2015, Part 2, Section 4(6); for further information, please refer to the Statutory Guidance on Part 2 (Community Planning) of the Community Empowerment (Scotland) Act 2015.
16. For further information please refer to the Scottish Government’s Community Empowerment webpage [http://www.gov.scot/Topics/People/engage].
17. Community Empowerment (Scotland) Act 2015, Part 2, Section 4(6); for further information, please refer to the Statutory Guidance on Part 2 (Community Planning) of the Community Empowerment (Scotland) Act 2015.
18. As set out in the Children’s Services Planning (Specified Date) (Scotland) Order 2016.
20. Under the Children’s Services Planning (Specified Date) (Scotland) Order 2016 the first “three-year period” ran from 1 April 2017 to 31 March 2020. This meant the first “one-year period” ran from 1 April 2017 to 31 March 2018.
21. For further details, please refer to section 10(1)(b) of the Act, or the chapter in this guidance on “Section 10: Children’s Services Plan – Process”.
22. As set out in the Children’s Services Planning (Specified Date) (Scotland) Order 2016.
23. Scottish Government (September 2011) Renewing Scotland’s Public Services, p.5.
24. A Local Outcomes Improvement Plan is the term the legislation gives to what was previously referred to as a “single outcome agreement”, but there is no significant difference between these documents in practice.
25. Reference to the Public Bodies (Joint Working) (National Health and Wellbeing Outcomes) (Scotland) Regulations 2014 may be relevant here: http://www.legislation.gov.uk/ssi/2014/343/contents/made.
26. This guidance is available at http://www.gov.scot/Topics/Health/Policy/Adult-Health-SocialCare-Integration/Implementation/ImplementationGuidance.
27. Scottish Government (2014) National Guidance for Child Protection in Scotland 2014
28. Ibid, p. 67.
29. Scottish Government (2014) National Guidance for Child Protection in Scotland 2014, p.67.
30. “Early learning and childcare” is defined by section 46 of the Act as “a service, consisting of education and care, of a kind which is suitable in the ordinary case for children who are under school age, with regard being had to the importance of interactions and other experiences which support learning and development in a caring and nurturing setting”.
31. Requirements for Community Learning and Development (Scotland) Regulations 2013, regulations 3 and 4.
32. The Statutory Guidance to accompany the Social Care (Self-directed Support) (Scotland) Act 2013 describes the involvement of the child.
33. Public Bodies (Joint Working) (Prescribed Local Authority Functions Etc.) (Scotland) Amendment (No. 2) Regulations 2017 and the Public Bodies (Joint Working) (Prescribed Health Board Functions) (Scotland) Amendment Regulations 2017.
34. For further information on the Carers (Scotland) Act 2016, please refer to https://www.gov.scot/policies/social-care/unpaid-carers/
35. The standards and outcomes set out in the Health and Social Care Standards are published in exercise of the Scottish Ministers’ powers under section 50 of the Public Services Reform (Scotland) Act and Section 10H of the Nation Health Service (Scotland) Act 1978.
36. Scottish Government (2013) Independent Advocacy: Guide for Commissioners [http://www.gov.scot/Resource/0044/00441045.pdf]
37. Scottish Government webpages on Realigning Children’s Services are available at http://www.gov.scot/Topics/People/Young-People/realigning-childrens-services.
39. As set out in section 97(1) of the Children and Young People (Scotland) Act 2014.
40. Please note that, in respect to the specific operation of the Named Person service (Part 4 of the Act) a “young person” is defined as an individual who has attained their 18th birthday and continues to be on a school roll (as per section 22(2)). This guidance is not using this definition for the reasons set out above.
41. Integrated Joint Boards were added to the list of “other service providers” by section 58 of the Public Bodies (Joint Working) (Scotland) Act 2014 [www.legislation.gov.uk/asp/2014/9/section/58/enacted].
Contact
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