The Scottish Government Response To 'A Scotland for Children: A Consultation on a Children and Young People Bill'

The Named Person

The consultation proposed that every child in Scotland will have a Named Person from birth up to leaving school, with provisions made for children in special circumstances. The role of the Named Person would be set out in legislation and supplemented by guidance. It was also proposed that from birth up to school age, health boards would be responsible for ensuring all children have a Named Person, and for children and young people in public schools from school age up to 18 years (or until they leave school - whichever is later) as well as school-leavers, the local authority would be responsible for the Named Person and accompanying duties. Provision was also proposed to ensure that certain groups of children and young people, with a less typical pattern of involvement with health or educational services, would be provided with a Named Person.

What You Said

72% of respondents agreed with the proposal to provide a point of contact for children, young people and their families through the universal approach to the Named Person role. A common view amongst those agreeing was that they supported the proposal in principle, but would reserve judgement until more practical details had been worked up. The most common reason for support was that this provided a single point of contact for young people and their families, especially where the young person had additional needs. Other reasons included: that this was already operating successfully; it would provide consistency across Scotland; and it ensured early intervention.

The general view of respondents was that the proposed responsibilities of the Named Person were the right ones, but that it would be important to address resourcing and capacity issues associated with the proposal. Respondents felt that some flexibility was required over the proposed allocation of duty on public bodies.

Many respondents agreed with the arrangements for certain groups of children as set out were the rights ones. A recurring theme was for greater prescription regarding the arrangements for children and young people in independent and grant aided schools, and those in gypsy/traveller communities.

The Scottish Government Response

The Bill will include provisions that require health boards to provide children with a Named Person from birth up to school age and local authorities to provide children in public schools with a Named Person from school age up to 18 or until they leave school, whichever is the later. For children or young people in independent or grant aided schools or secure accommodation, those establishments will be required to provide Named Persons for those children. The Bill will include provisions to ensure that groups of children and young people with a less typical pattern of involvement with health or educational services are provided with a Named Person.

The Bill will place duties on relevant public authorities to share a concern they have about the child's wellbeing with the Named Person, if it is necessary to safeguard, support and promote the wellbeing of the child, and on the Named Person to share with other relevant public bodies information appropriate to addressing relevant concerns.

Each organisation that provides Named Persons will be required to publish information about the function of Named Persons and how to contact the Named Persons in its area or establishment. They will also be required to provide each parent of a child or young person and the child or young person themselves, with information about how to contact either named persons in their area, or, if a child/young person is to enter a specific establishment (such as a school), the appropriate Named Person for them in that establishment.

The Bill will also include a requirement on relevant public authorities to provide the Named Person with any information they feel may be relevant to the exercise of the function of the Named Person. Guidance will be issued by Scottish Ministers to complement the Bill, and this will provide further detail on the practical implementation of the Named Person role.