Getting it right for every child (GIRFEC) Practice Guidance 4 - Information sharing

Annex A - Glossary of Terms

Advocacy

Advocacy can mean different things in different contexts. In this context, advocacy is empowering children and young people to make sure that their rights are respected and that their views and wishes are fully considered and reflected in decision making about their own lives.

Advocate/Advocacy Worker

Someone who provides advocacy. In many situations, this person should be a trained, professional advocacy worker.

Agency/agencies

In this suite of documents the term ‘agency/agencies’ means an organisation or business providing a particular service.

Child or young person

An individual who has not yet attained the age of 18 years.

Child protection

The processes involved in consideration, assessment and planning of required action, together with the actions themselves, where there are concerns that a child or young person may be at risk of harm from abuse, neglect or exploitation.

Children’s human rights and UNCRC

Human rights are the basic rights and freedoms which we all have in order to live with dignity, equality and fairness, and to develop and reach our potential. Human rights are a list of things that all people – including children and young people – need in order to live a safe, healthy and happy life.

The European Convention on Human Rights (ECHR) has been incorporated into UK domestic law through the Human Rights Act 1998 (HRA). Everyone, including children and young people, has these rights, no matter what their circumstances. Under international law, States/Governments are obliged to respect, protect and fulfil human rights. Those delivering public services should respect human rights when they make decisions, plan services and make policies.

Children’s human rights span the entire spectrum of civil, political, economic, social, cultural and environmental rights. Children and young people also have additional rights that recognise that childhood is a special, protected time, in which children and young people must be allowed to grow, learn, play, develop and flourish with dignity. Specific human rights for children are set out in the UN Convention on the Rights of the Child (UNCRC). The UNCRC offers a vision of the child as an individual and as a member of a family and community. By recognising children’s rights in this way, the Convention firmly sets the focus on the child as a whole and multi-faceted person. It is important to be clear that all rights are equal; there is no hierarchy of human rights.

We know that children and young people face unique barriers to realising their rights. Their future often depends on the action taken by adults to implement their rights in practice. As children their voices can be unheard, or more easily dismissed. For that reason, the UNCRC recognises that children and young people are human beings with fundamental rights that are written into international law. It also makes clear that special action needs to be taken to ensure those rights are respected, protected and fulfilled. As one of the core United Nations (UN) human rights treaties, the UNCRC helps to safeguard the dignity and the equal and inalienable rights of all children and young people. It does this by making sure that important rights set out in other international human rights treaties are applied in a way that is relevant and appropriate to the needs of all children and young people.

Chronologies

A chronology is a timeline of child or young person and family circumstances. It provides a record of key events in the order that they happened.

Consent

In the context of information management, a person’s freely given, informed, clear and specific agreement to their personal information being processed. ‘Freely given’ and ‘informed’ are explained at section 10.3.

Criminal offence data

This is personal information about criminal convictions and offences or related security measures. UK GDPR gives extra protection to criminal offence data. This includes information about offenders or suspected offenders in the context of criminal activity, allegations, investigations and proceedings. It also includes information about unproven allegations and information relating to the absence of convictions, and covers a wide range of related security measures, including personal information about penalties, conditions or restrictions placed on an individual as part of the criminal justice process, or civil measures which may lead to a criminal penalty if not adhered to. The ICO provide more detail at Criminal offence data.

Data/information

Data means raw facts and figures, and information is data that has been managed, put into a context, often in order to make sense of it. In the interests of avoiding overly complicated technical details, within this guidance, references to information or data should be taken to mean both, and refer to information about living individuals.

Family/families

Not all family units look the same. In this suite of documents the term ‘families/family’ can mean adoptive, biological, foster, kinship, extended, composite and others, for example settings and homes that have felt like family. Some children and young people may belong to more than one family.

Getting it right for every child

This is Scotland’s national approach to promoting, supporting, and safeguarding the wellbeing of all children and young people. It provides a consistent framework, shared language and common understanding of wellbeing. GIRFEC puts the child or young person at the heart and helps children and young people get the right support from the right people at the right time.

Information/data

Data means raw facts and figures, and information is data that has been managed, put into a context, often in order to make sense of it. In the interests of avoiding overly complicated technical details, within this guidance, references to information or data should be taken to mean both, and refer to information about living individuals.

Lawful basis

A reason or justification for sharing information that is recognised by data protection law.

Lawful bases

The plural of lawful basis.

Named person

This is a clear point of contact for times when children, young people and families require information, advice or help. The named person is mainly provided by health and education services and is usually someone who is known to the child, young person and family and who is well placed to develop a supportive relationship with them. Local arrangements and the term used to describe this role or function may vary from area to area. A named person can help children, young people and families access relevant support for a child or young person’s wellbeing. Where there is a child’s plan in place, the named person will work alongside the lead professional, continuing to provide general advice or support, while the lead professional will be the point of contact in relation to the plan. In some cases the named person will also be the lead professional.

Parent

This document uses the term “parent” within the meaning of section 15 of the Children (Scotland) Act 1995. The term “parent” includes a person who is a genetic parent of a child, a parent by adoption, and those who are parents by virtue of Human Fertilisation and Embryology legislation. In this document, the term also embraces a person who has parental responsibilities in relation to the child or young person, who has care of the child or young person, or who is a guardian of the child or young person whether appointed by parents or the court.

Practitioner

In this guidance, practitioner means any person involved in working with children, young people and/or families, whether on a voluntary basis or through paid work. In addition to roles typically thought of as working with children and young people such as health visitors and teachers; this includes wider activities that work with children, young people and families, such as housing services or police.

Processing

Doing almost anything with data is processing; including collecting, recording, storing, using, analysing, combining, disclosing or deleting it.

Public body

Any organisation that is publicly funded to deliver a public or government service. This includes health, education, social work, housing, police and many others.

Public task

Processing personal data “in the exercise of official authority”. This means public functions and powers that are set out in law, or to perform a specific task in the public interest that is set out in law. Public task is explained in more detail in section 10.1.

Special category data

Information that is sensitive and personal (for example, information concerning race, ethnic origin, politics, religion, trade union membership, genetics, biometrics used for ID purposes, health, sex life, or sexual orientation). Data protection law provides greater protection for this information because of its sensitive nature.