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

Statutory Guidance

Section 7: Introductory

30. The purpose of section 7(1) is to define the terms "children's service", "related service" and "relevant health board", and explain which organisations are covered by the term "other service provider". Section 7(3) provides Scottish Ministers with powers to specify services which are to be included in, or excluded from, the definitions of "children's service" or "related service". It also provides Scottish Ministers with powers to specify matters in relation to services falling within the definitions of "children's service" and "related service" which are to be considered to be included within or excluded from those services. Section 7(5) provides Scottish Ministers with powers to modify the definition of "other service provider" by adding a person or a description of persons; removing an entry listed in it; or varying an entry listed in it. Finally, section 7(6) provides that functions conferred, by Part 3, on a local authority and the relevant health board, must be exercised by those organisations jointly.

Definition of terms used in Part 3

31. The term "children's service" means any service in the local authority area provided wholly or mainly to, or for the benefit of, children by (a) the local authority, (b) the relevant health board, (c) any "other service provider", and (d) Scottish Ministers (in exercising their functions under the Prisons (Scotland) Act 1989).

32. A "children's service" is one which is available to all children (up to their 18 ^th birthday), or available to children and young people with needs of a particular type (such as looked after children or children with a disability). Examples of children's services might include schools, nurseries, health visitors, youth groups, child and adolescent mental health services ( CAMHS), disability services, children and families social work, community paediatrics, befriending, and adoption.

33. The term "related service" means any service in a local authority area provided by (a) the local authority, (b) the relevant health board, (c) an "other service provider", and (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. Examples of related services might include leisure services, housing, drug and alcohol services, etc. (Further guidance on how to identify "children's services" and "related services" can be found under the chapter " Requirement to prepare Children's Services Plans".)

34. For the purposes of children's services planning, the term "relevant health board" means - if the area of the local authority is the same as that of a health board, that health board; or if not, the health board in whose geographical area a local authority is situated.

35. The term "other service provider" means:

(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. ^[10]

Modifications

36. Section 7(3) allows for Scottish Ministers to, through secondary legislation, specify which services must be included within or excluded from the definition of "children's services" and "related services". Scottish Ministers also have the power to specify certain aspects ("matters") of a service which should be included or excluded. However, before taking such steps, Scottish Ministers must (under section 7(4)) consult every health board and local authority, and if the service concerned is provided by an "other service provider", that organisation or person. At the time of writing, this power has not been exercised.

37. Section 7(5) provides Scottish Ministers with the power to, through secondary legislation, modify the definition of "other service provider", by adding a person or "description of persons" (e.g. an organisation), removing an entry or varying an existing entry. Again, at the time of writing, this power has not been exercised.

Joint responsibility

38. Section 7(6) states that a function conferred on a local authority and relevant health board by Part 3 is a function which must be exercised jointly by these two organisations. In other words, a local authority and the relevant health board are considered to be jointly and equally responsible for children's services planning and reporting.