Assessment of wellbeing - draft statutory guidance: consultation

6 Section 96: Assessment of Wellbeing

6.1 The Act refers to assessment of an individual child or young person to determine whether "their wellbeing is being, or would be, promoted, safeguarded, supported, affected or subject to an effect" (section 96(1)). These terms have the following meanings, and form the basis of an assessment:

a) promoted – actively encouraged or further developed;

b) safeguarded – protected from harm or damage;

c) supported – given assistance, approval, encouragement;

d) affected – influenced, changed; and

e) subject to an effect – likely to be affected by a set of circumstances.

6.2 Wellbeing assessments relating to individual children or young people may be related to Part 6 (Early Learning and Childcare), 9 (Corporate Parenting), 11 (Continuing Care) and 12 (Services in Relation to Children At Risk of Becoming Looked After, etc.) of the Act.

6.3 An assessment of wellbeing must seek to identify all the factors in the child's life which may be benefitting or adversely affecting their wellbeing. This will help establish how best to support the child when they experience difficulties. It will include, but is not limited to, recognizing individual, family and community strengths as well as difficulties such as poverty, health, disability or communication needs, and how these needs might be met.

6.4 In assessing a child's wellbeing, their age, stage of development and the context of their life with their parents, wider family and community should be considered. Wellbeing assessments should be completed in partnership with the child and their family using the GIRFEC National Practice Model proportionately to identify areas of strength, any wellbeing needs and any action that may be appropriate to help meet the needs identified and improve outcomes. The views of the child or their family may differ from the practitioner's view and a holistic assessment should take account of all views. Communication or learning impairment should not be seen as a barrier to seeking views.

6.5 Communication and shared decision-making between the child, family and professionals has always been, and will continue to be, a crucial part of wellbeing assessments. If the child's needs indicate that they may need support from additional services, agreed local pathways should be used to access these. The practice guidance on information sharing^[3] should be followed.

6.6 Practitioners should recognise that children can thrive in different environments. They must therefore be respectful of and responsive to the child's, or their parents' education, communication capacity, life experiences, socio-economic status, lifestyle, culture and beliefs. This has relevance to all aspects of wellbeing.

6.7 If a wellbeing assessment indicates that a child is in need of protection, guidance, treatment or control, and it might be necessary for a compulsory supervision order to be made, a referral must be made to the Children's Reporter as specified in section 60(3) of the 2011 Act. The Children's Reporter is responsible for determining whether a Children's Hearing should be convened. These procedures are not changed by the Act or by this statutory guidance.

6.8 Early intervention and a compulsory supervision order are not mutually exclusive in promoting, supporting and safeguarding the wellbeing of a child. The use of compulsion at an early stage may help to ensure compliance with interventions, and prevent wellbeing needs escalating. The seriousness of the concern, as well as parental capacity and willingness to change should be considered in order to assess whether the child's wellbeing needs are likely to be met by voluntary support or whether a compulsory supervision order might be necessary. SCRA have published Guidance on Referral to the Reporter.

6.9 A wellbeing need, or an accumulation of wellbeing needs can lead to a child or young person being at risk of significant harm. The National Guidance for Child Protection in Scotland sets out in detail how to identify when a child may be in need of protection. It is accompanied by local Child Protection procedures. A risk of significant harm often relates to how safe, healthy and nurtured a child is, but the other wellbeing indicators may also be affected and should be considered in this context. The requirement to follow Child Protection procedures is not changed by the Act or by this statutory guidance.