Statutory Guidance on Part 3 (Children's Services Planning) of the Children and Young People (Scotland) Act 2014
Guidance for local authorities and health boards on exercising the functions conferred by Part 3 (Children's Services Planning) of the Act.
Footnotes
1. Please note that the duties set out under section 19 (local authority plans for services for children) of the Children (Scotland) Act 1995 are now repealed (by section 98 and paragraph 4(2) of Schedule 5 to the Act) and replaced by Part 3 (Children's Services Planning) of the Act.
2. As set out in section 97(1) of the Children and Young People (Scotland) Act 2014.
3. Please note that, in respect to the specific operation of the Named Person service (Part 4 of the Act) a "young person" is defined as an individual who has attained their 18th birthday and continues to be on a school roll (as per section 22(2)). This guidance is not using this definition for the reasons set out above.
4. Joint Improvement Team, Scottish Social Services Council, NHS Education for Scotland (2014) Strategic Commissioning (Online Learning Tool), Module 2: National Policy Context. [ http://learn.sssc.uk.com/strategiccommissioning/sc_module_2.html]
5. Commission on the future delivery of public services (June 2011) Foreword, p. vi [ http://www.gov.scot/resource/doc/352649/0118638.pdf]
6. 'Strategic commissioning' is the term used for all the activities involved in assessing and forecasting needs, links investment to agreed desired outcomes, consider options, planning the nature, range and quality of future services and working in partnership to put these in place.
7. Audit Scotland (2012) Commissioning Social Care , p.3. [ http://www.audit-scotland.gov.uk/docs/health/2012/nr_120301_social_care.pdf]
8. To assist local authorities and relevant health boards in the development of joint strategic commissioning practice, including local assessment, the Scottish Government funds the Realigning Children's Services ( RCS) programme. The RCS team helps local areas to: (1) collect data on wellbeing directly from children and parents; (2) map children's services that are currently provided and how much they cost; and (3) deliver a development and facilitation programme for community planning partners [ http://transformingchildrensfutures.scot/].
9. A good plan will include activities and objectives which are SMART (Specific - Measurable - Achievable - Assigned - Time-bound) and have taken in account the FITT principles ((a) how frequent will the activity be, (b) how intensive will the activity be, and (c) for how long will the activity need to go on for.)
10. Integrated Joint Boards were added to the list of "other service providers" by section 58 of the Public Bodies (Joint Working) (Scotland) Act 2014 [ www.legislation.gov.uk/asp/2014/9/section/58/enacted].
11. Under The Children's Services Planning (Specified Date) (Scotland) Order 2016, the first three-year period will run from 1 April 2017 to 31 March 2020. Plans will need to be in place by April 2017.
12. But only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989.
13. Subsection (2) states that the persons referred to in the definitions of "children's service" and "related service" in subsection (1) are - (a) the local authority, (b) the relevant health board, (c) any other service provider, and (d) the Scottish Ministers (but only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989).
14. But only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989.
15. Unfortunately, not all children will reach their 18 th birthday. It may be helpful, therefore, to include a case study of a child with a life-limiting condition.
16. Section 9(2), Part 3 (Children's Services Planning), Children and Young People (Scotland) Act 2014.
17. Scottish Government, Getting It Right For Every Child website [ http://www.gov.scot/Topics/People/Young-People/gettingitright]
18. The services provided to families whose children are at risk of becoming looked after (as per the duties set out in Part 12 of the Act) should also be seen as "early intervention", their work focused on preventing the need for more significant intervention in the child's life; for further information please read the Guidance on Part 12: Services in relation to children at risk of becoming looked after, etc. of the Children and Young People (Scotland) Act 2014.
19. Scottish Government (2014) Child Poverty Strategy for Scotland - Our Approach [ http://www.gov.scot/Publications/2014/03/5304]
20. Scottish Government (2015) Children's Rights and Wellbeing Impact Assessment Guidance and Children's Rights Legislation in Scotland: A Quick Reference Guide.
21. Housing (Scotland) Act 2010, section 165. [ http://www.legislation.gov.uk/asp/2010/17/pdfs/asp_20100017_en.pdf]
22. Community Empowerment (Scotland) Act 2015, Part 2, Section 4(6); for further information, please refer to the Statutory Guidance on Part 2 (Community Planning) of the Community Empowerment (Scotland) Act 2015.
23. For further information please refer to the Scottish Government's Community Empowerment webpage [ http://www.gov.scot/Topics/People/engage].
24. Community Empowerment (Scotland) Act 2015, Part 2, Section 4(6); for further information, please refer to the Statutory Guidance on Part 2 (Community Planning) of the Community Empowerment (Scotland) Act 2015.
25. As set out in the Children's Services Planning (Specified Date) (Scotland) Order 2016.
27. Under the Children's Services Planning (Specified Date) (Scotland) Order 2016 the first "three-year period" runs from 1 April 2017 to 31 March 2020. This means the first "one-year period" runs from 1 April 2017 to 31 March 2018.
28. For further details, please refer to section 10(1)(b) of the Act, or the chapter in this guidance on "Section 10: Children's Services Plan - Process".
29. For the definitions of a "children's service" and "related service", please refer to chapter Section 7: Introductory above.
30. As set out in the Children's Services Planning (Specified Date) (Scotland) Order 2016.
31. Scottish Government (September 2011) Renewing Scotland's Public Services , p.5.
32. This schematic includes a reference to 'Child protection planning', but please note that local child protection plans are not, at the time at which the guidance was published, a statutory requirement. The reference to a child protection planning has been included in the schematic due its importance. For further information on child protection planning, please see PDF page 73.
33. A Local Outcomes Improvement Plan is the term the legislation gives to what was previously referred to as a "single outcome agreement", but there is no significant difference between these documents in practice.
34. Reference to the regulations under the Act may be relevant here: http://www.legislation.gov.uk/ssi/2014/343/contents/made.
35. This guidance is available at http://www.gov.scot/Topics/Health/Policy/Adult-Health-SocialCare-Integration/Implementation/ImplementationGuidance.
36. "Early learning and childcare" is defined by section 46 of the Act as "a service, consisting of education and care, of a kind which is suitable in the ordinary case for children who are under school age, with regard being had to the importance of interactions and other experiences which support learning and development in a caring and nurturing setting".
37. Requirements for Community Learning and Development (Scotland) Regulations 2013, regulations 3 and 4.
38. For further information on the Carers (Scotland) Act 2016, please refer to http://www.gov.scot/Topics/Health/Support-Social-Care/Unpaid-Carers/CarersBill
39. Scottish Government (2014) National Guidance for Child Protection in Scotland 2014 http://www.gov.scot/Resource/0045/00450733.pdf
40. Ibid, p. 67.
41. Scottish Government (2014) National Guidance for Child Protection in Scotland 2014, p.67.
42. The National Care Standards were created under the Regulation of Care (Scotland) Act 2001.
43. http://www.gov.scot/Topics/Health/Support-Social-Care/Regulate/Standards/NCSreview
44. Scottish Government (2013) Independent Advocacy: Guide for Commissioners [ http://www.gov.scot/Resource/0044/00441045.pdf]
45. Scottish Government webpages on Realigning Children's Services are available at http://www.gov.scot/Topics/People/Young-People/realigning-childrens-services.
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