Kinship care - Children and Young People (Scotland) Act 2014 - part 13: updated guidance 2024

Updated non-statutory guidance to accompany Part 13 of the Children and Young People (Scotland) Act 2014 (Support for Kinship Care) and The Kinship Care Assistance (Scotland) Order 2016 . Designed for practitioners it pays attention to consistency of definition, application of legislation and good practice, and reflects growing knowledge of the particular needs of kinship families.


Glossary

Assessment of Wellbeing

An assessment of wellbeing refers to an 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.’ In terms of this guidance 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.

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, have 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.

Child’s Plan

A personalised child’s plan is developed when those working with the child or young person and family identify that a child or young person needs a range of extra support planned, delivered and co-ordinated. The child’s plan should reflect the child or young person’s voice and explain what should be improved for the child or young person, the actions to be taken and why the plan has been created. Acceptance of a child's plan within GIRFEC along with the advice, information and support which are offered is voluntary: Unless compulsory measures are otherwise justified, if the intervention requires co-operation from children, young people and their families, they will be free to reject any proposed interventions.

Family/families

Not all family units look the same. In this document the term ‘families/family’ can mean biological, 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.

Kinship Care Collaborative

Formed in late 2020 they are a group of third sector and public organisations who partnered with the Scottish Government to deliver both national and local improvements to better support kinship families and professionals working with them.

Lead professional

When children, young people and families require the help and support of a child’s plan, a lead professional will be needed. The lead professional is an agreed, identified person within the network of practitioners who is working alongside the child or young person and family. In most cases, the professional who has the greatest responsibility in coordinating and reviewing the child’s plan will undertake this role.

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 services that work with children, young people and families, such as housing services or police.

Team around the child (TAC)

A TAC meeting may be necessary when a child or young person and their family require a range of support from professionals to ensure they are supported to meet their full potential. A TAC meeting can also agree on and subsequently review a child’s plan. A TAC will include the child or young person, and may include family members and professionals, where appropriate, who will work together to ensure the child or young person and their family are supported. Local arrangements and the term used to describe this type of meeting may vary from area to area.

Wellbeing

For the purposes of these guidance documents, wellbeing is a measure of how a child or young person is doing at a point in time and if there is any need for support. The eight wellbeing indicators (SHANARRI) provide a framework for assessment and planning in relation to wellbeing.

Wellbeing indicators (SHANARRI)

Any assessment of a child or young person’s wellbeing should be founded on the 8 wellbeing indicators: Safe, Healthy, Active, Nurtured, Achieving, Respected, Responsible, Included, sometimes referred to as SHANARRI. The wellbeing indicators (SHANARRI) are informed by the UNCRC. They are overlapping and connect areas that are fundamental to understanding what children and young people need in order to grow, develop and thrive.

Contact

Email: Mariella.Matheson@gov.scot

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