Statutory Guidance on Part 3 (Children's Services Planning) of the Children and Young People (Scotland) Act 2014

Interpretation Of Frequently Used Terms

"Child", "children" and "young people"

10. For the purposes of Part 3, the term "child" or "children" refers to persons who have not yet attained the age of 18 years. ^[2]

11. The terms "young people" and "young person" ^[3] are not used in Part 3, but in the context of this guidance they are used to refer to older children (e.g. 12 - 17 years old) and those adults still eligible to receive a "children's service" (e.g. care leavers aged 18 - 25 years old).

Children's service

12. The definition of a "children's service" is set out in section 7(1) of the Act. The term should be interpreted to mean any service provided in the local authority area wholly or mainly to, or for the benefit of, children by (a) the local authority, (b) the relevant health board, (c) an "other service provider", or (d) Scottish Ministers (in exercising their functions under the Prisons (Scotland) Act 1989). This includes services provided by private or third sector organisations on behalf of, or in partnership with, the local authority, relevant health board, "other service providers" or Scottish Ministers.

13. A "children's service" is one which is available to all children, or to children and young people with needs of a particular type (such as looked after children, children with a disability or those with additional support needs in learning). Some of the services captured by this definition will be providing services both to children and to those over the age of 18 (such as care-leavers).

Related service

14. The definition of "related service" is set out in section 7(1). The term should be interpreted to mean any service provided in a local authority area by (a) the local authority, (b) the relevant health board, (c) any "other service provider", or (d) Scottish Ministers (in exercising their functions under the Prisons (Scotland) Act 1989), which, although it does not fall into the definition of a "children's service", is still capable of having a significant effect on the wellbeing of children and young people.

Children's Services Plan

15. The term "Children's Services Plan" is defined at section 8(2) of the Act, and refers to the document which must be prepared, every three years, by a local authority and the relevant health board setting out their plans for the provision over that period of all children's services and related services.

16. Please note that, while the Act and this guidance refer exclusively to a "Children's Services Plan" (or a "plan"), a local authority and their relevant health board may decide to adopt a different title (such as "Children and Young People's Services Plans" or "Integrated Children's Services Plan").

Other service provider

17. The term "other service provider" refers to a number of public bodies which provide services in Scotland. These bodies, specified in section 7(1) of the Act, are:

(a) the Chief Constable of the Police Service of Scotland;

(b) the Scottish Fire and Rescue Service;

(c) the Principal Reporter;

(d) the National Convener of Children's Hearings Scotland;

(e) the Scottish Courts and Tribunal Service; and

(f) an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014.

Relevant health board

18. The term "relevant health board" is defined in section 7(1) as meaning:

(a) if the area of the local authority is the same as that of a health board, that health board; and

(b) if the area of the local authority is not the same as that of a health board, the health board within whose area the area of the local authority falls.

19. A relevant health board is, therefore, one of Scotland's 14 territorial health boards, responsible for the protection and the improvement of their population's health and for the delivery of healthcare services.

Scottish Ministers

20. The term "Scottish Ministers" refers to the Scottish Government and its Executive Agencies.

21. Please note that unless this guidance expressly states otherwise, references to "Scottish Ministers" should be interpreted to mean the collective Scottish Government and its agencies.

Social landlord

22. The term "social landlord" has the meaning given by section 165 of the Housing (Scotland) Act 2010, which defines it as "a registered social landlord, local authority landlord or a local authority which provides housing services".