Assessment of wellbeing - draft statutory guidance: consultation

8 The Wellbeing of Groups of Children

8.1 Sections 5 and 6 above relate to wellbeing assessments for individual children, but Part 3 and Part 9 of the Act relate to the wellbeing of groups or populations of children. Wellbeing information relating to children living in a particular area, or who are part of a particular group, is to be used in planning services and reporting on outcomes.

8.2 Part 3 of the Act requires local authorities and health boards jointly to prepare Children's Services Plans ensuring that children's and related services in a local area are provided in a way that best promotes, supports and safeguards the wellbeing of children; ensures that any action to meet needs is taken at the earliest appropriate time and that, where appropriate, action is taken to prevent needs arising; is most integrated from the point of view of recipients; and, constitutes the best use of available resources. The local authority and health board are also required to report jointly, on an annual basis, on the extent to which the provision of these services meets all of the aims stated above, as well as any outcomes in relation to the wellbeing of children in the area as the Scottish Ministers may prescribe.

8.3 Corporate parenting duties are specified in Part 9 of the Act and its accompanying statutory guidance. These duties apply to the organisations listed in schedule 4 of the Act. Each corporate parent listed in schedule 4 is to understand the definition of wellbeing as described in section 96 of the Act, and to be alert to matters which might adversely affect wellbeing. In order to achieve this, corporate parents should ensure they create a culture where wellbeing is understood in the context of sections 95 and 96 of the Act, specifically in relation to those who are, or have been, looked after children.

8.4 When considering the wellbeing of children in a particular group or community, any assessment of needs must be done within the context of the relevant environment for that particular group. As with individuals, assessments of wellbeing at a group or community level must be rights-based (paragraph 3.1 refers) and described in terms of the wellbeing indicators.

8.5 Children's services and corporate parenting planning may use anonymous, aggregated information from individual children's wellbeing assessments. This may support the identification of gaps in service provision and support the development of services to meet local needs. Other relevant information will be gathered at a community level through participation and engagement with local children and their families.

8.6 Part 1 of the Children and Young People (Scotland) Act 2014^[9] also places a duty on specified public authorities to report every 3 years on the steps they have taken in that period to secure better or further effect of the requirements of the UNCRC (footnote 12). Some public authorities to which Part 1 applies will also be subject to duties under Part 3 Children's Services Planning; in particular, local authorities and health boards.

8.7 The Scottish Government's Child Rights and Wellbeing Impact Assessment (CRWIA) is a key tool that those engaging with children in Scotland can use to take a child rights-based approach. The CRWIA is a purpose built policy and legislation impact assessment designed for use by Scottish Government, public bodies and children's services, however, it can be used by anyone. It was launched on 15 June 2015 as part of the implementation strategy for Ministerial duties under Part 1 of the Children and Young People (Scotland) Act 2014. CRWIAs utilise both UNCRC and GIRFEC frameworks to assess the potential impact of a policy or measure on children's rights and wellbeing. The CRWIA covers individual children and groups of children, up to the age of 18. The use of CRWIAs also encourages the participation of children in decision making. It is intended to help us champion the interests of children, as well as challenge us to think about what more we can do to place children at the centre of our policies.

8.8 The Carers (Scotland) Act came into effect in 2018 and represented a major step forward in the rights afforded to all unpaid carers, including young carers. Many of these rights for young carers are based on GIRFEC principles and are designed to support their wellbeing and allow them to be children first and foremost. Further information on the rights for all unpaid carers can be found in the Carers' charter - gov.scot (www.gov.scot), in an easy-to-digest format.