Healthcare in schools: draft guidance
Guidance for NHS boards, education authorities and schools on supporting children and young people with healthcare needs in schools.
Footnotes
1. Under the Public Bodies (Joint Working) (Scotland) Act 2014, a number of the Health and Social Care Partnerships across Scotland have integrated children's health and/or social care services.
2. Human Medicines (Amendment) (No. 2) Regulations 2014
3. In areas where the responsibility for health services for children and young people has been delegated to a Health and Social Care Partnership, under section 25(3) of the Public Bodies Joint Working (Scotland) Act 2014, this guidance applies to the Partnership and should be taken into account when preparing a strategic plan and commissioning the services to which this guidance relates.
4. Guidance on the Administration of Medicines in Schools, Scottish Executive, 2001
5. National Health Service Reform (Scotland) Act 2004
7. NHS HDL 74 Clinical Governance Arrangements, Scottish Executive, 2001
8. NHS MEL 29 Clinical Governance, Scottish Executive, 2000
9. NHS MEL 75 Clinical Governance, Scottish Executive, 1998
10. How good is our school?, 4th edition, Education Scotland, 2015
11. Education authorities, schools and NHS Boards have a duty under the Equality Act 2010 to provide reasonable adjustments for disabled children and young people. Under it, the responsible body of a school is the education authority for public schools, the managers of a grant-aided school and the proprietors of an independent school.
12. Section 39 of the National Health Service (Scotland) Act 1978
13. Education (Scotland) Act 1980
14. Section 1 of the Education (Scotland) Act 1980
15. Section 30 of the Education (Scotland) Act 1980
16. Section 19 of the Education (Scotland) Act 1980
17. Section 32-44 of the Education (Scotland) Act 1980
18. Section 57 of the Education (Scotland) Act 1980
19. Section 2 Age of the Legal Capacity (Scotland) Act 1991
20. Part 1 of the Children (Scotland) Act 1995
22. A new general data protection regulation will replace the Data Protection Act 1998 in May 2018.
23. Section 1(2) of the Data Protection Act 1998
24. Section 2 of the Data Protections Act 1998
25. Adults with Incapacity (Scotland) Act 2000
26. Section 1 of the Standards in Scotland's Schools etc. Act 2000
27. Section 2 of the Standards in Scotland's Schools etc. Act 2000
28. Section 1 of the Education (Disability Strategies and Pupil Educational Records (Scotland) Act 2002
29. Regulation 6 of the Pupils' Educational Records (Scotland) Regulations 2003
30. Education (Additional Support for Learning) (Scotland) Act 2004, the Education (Additional Support for Learning) (Scotland) Act 2009 and the Education (Scotland) Act 2016. The provision in the 2016 Act are expected to commence in 2017.
31. Supporting Children's Learning Code of Practice, Scottish Government, 2010
33. Technical Guidance for Schools in Scotland, Equality and Human Rights Commission, 2014
34. http://www.equalityhumanrights.com/
36. The Public Bodies (Joint Working) (Scotland) Act 2014
37. Children and Young People (Scotland) Act 2014
38. Part 1 of the Children and Young People (Scotland) Act 2014
39. Schedule 1 of the Children and Young People (Scotland) Act 2014
40. These duties are expected to come into force in April 2017, with the first reports due in 2020.
41. Part 3 of the Children and Young People (Scotland) Act 2014
42. Human Medicines (Amendment) (No. 2) Regulations 2014
43. Human Medicines Regulations 2012
44. Convention of the Rights of the Child, United Nations, 1989
45. https://education.gov.scot/scottish-education-system/Broad%20general%20education
46. How good is our school, Fourth Edition, Education Scotland, 2015
47. The National Improvement Framework for Scottish Education, Scottish Government, 2016
52. Health for all children 4: Guidance on Implementation in Scotland, Scottish Executive, 2005
53. Refresh of HALL 4, Reinforcing the key messages, CEL 15, Scottish Government, 2010
54. A new look at HALL 4, The Early Years Good Health for Every Child, Scottish Government, 2011
55. The Scottish Child Health Programme, Guidance on the 27-30 month review, Scottish Government, 2012
56. Universal Health Visiting Pathway in Scotland - Pre Birth to Pre School, Scottish Government, 2015
57. Role of the Child Health Commissioner, CEL 19, Scottish Government, 2011
58. Children's rights are to be further extended under the Education (Scotland) Act 2016 once the relevant provisions are commenced. This will give children a range of rights under Education (Additional Support for Learning) (Scotland) Act 2004 (as amended).
59. Parental consent is only required if the medical practitioner feels that the child does not have sufficient understanding. However, where parental consent is not legally required, good practice would seek to involve parents/carers, with the child's consent.
60. Parents/carers of children under 16 have the same rights as young people under the Education (Additional Support for Learning) Scotland) Act 2004 (as amended).
61. Section 14 of the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended)
62. Section 23 of the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended)
63. Section 26(2)(f) of the Education (Additional Support for Learning)(Scotland) Act 2004
64. Section 26 of the Education (Additional Support for Learning)(Scotland) Act 2004
65. Traditionally the school health team (or service) has provided a wide service ranging from health promotion in schools, immunisation and work with children and families with additional needs.
66. As set out in Public Health Nursing Services - Future Focus (CEL 13), Scottish Government, 2013, the qualified school nurse role is being refocused to provide a clear distinction between the qualified school nurse role and role of the wider school health team which may include healthcare support workers, community children's nurses and other registered nurses working within schools. Going forward the qualified school nurse role will centre on work with children, young people and their families with additional needs and a number of priority areas (looked after children, mental health and well-being, substance misuse, domestic abuse, youth justice, young carers, homeless families and children, transition periods and child protection). The wider school health team will lead on providing other key public health interventions and services within schools such as immunisations, health zones; height and weight. Following initial testing it is envisaged roll out of this refocused role will take place in 2017/18.
67. Where it has been agreed that a Child's Plan should be prepared, there will be a lead professional to make sure that the Child's Plan is managed properly and to co-ordinate the support described in the plan.
69. This framework includes the Data Protection Act 1998 and the Pupils' Educational Records (Scotland) Regulations 2003.
70. http://enquire.org.uk/publications/factsheets/resolving-disagreements
71. The Schools (Health Promotion and Nutrition) Scotland Act 2007 places a duty on education authorities and managers of grant-aided schools to endeavour to ensure that public schools and grant-aided schools are health-promoting.
72. Under the
Education
(Additional Support for Learning) (Scotland) Act 2004 (as
amended), a
Co-ordinated Support Plan is a statutory plan required if a
child or young person's needs will last a year or more and will
require significant additional support from education and more than
one other agency.
74. http://www.nhsinform.co.uk/health-library/articles/a/anti-platelets-aspirin-low-dose/introduction/
75. https://www.gov.uk/drug-safety-update/codeine-for-cough-and-cold-restricted-use-in-children
76. Paragraph 12 of Schedule 4 of the Waste Management Licensing (Scotland) Regulations 2011
77. http://www.sepa.org.uk/regulations/waste/waste-carriers-and-brokers/
79. http://www.sepa.org.uk/regulations/waste/special-waste/clinical-waste/
80. Health and Safety on Educational Excursions - A Good Practice Guide, Scottish Executive, 2004
82. Human Medicines (Amendment) (No. 2) Regulations 2014
83. The Human Medicines Regulations 2012
84. Regulation 27 of the Human Medicines (Amendment) (No. 2) Regulations 2014 amends Schedule 17 of the Human Medicines Regulations 2012 to set out the principles of supply to schools.
85. School is defined in section 22 of the Human Medicines (Amendment) (No. 2) Regulations 2014 with reference to the definition in section 135(1) of the Education (Scotland) Act 1980 as meaning "an institution for the provision of primary or secondary education or both primary and secondary education being a public school, a grant-aided school or an independent school, and includes a nursery school and a special school"; and the expression "school" where used without qualification includes any such school or all such schools as the context may require.
86. British guideline on the management of asthma
87. Asthma quality standard, NICE, 2013
88. Regulation 27 of the Human Medicines (Amendment) (No. 2) Regulations 2014 amends Schedule 17 of the Human Medicines Regulations 2012 to permit persons selling or supplying prescription only medicines comprising salbutamol inhalers, subject to the condition that the principal or head teacher of the school has to present a signed order stating the name of the school, the purpose for which the medicine is required and the total quantity, and provided the purpose is for the supply of the medicine to pupils in an emergency.
90. Section 20 of the Equality Act 2010
91. Reasonable adjustments for disabled pupils Scotland, Equality and Human Rights Commission, 2014
92. Technical Guidance for Schools in Scotland, Equality and Human Rights Commission, 2014
93. Section 149 of the Equality Act 2010
95. The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, as amended
97. For further guidance on the public sector equality duty visit the Equality and Human Rights Commission website at https://www.equalityhumanrights.com/en/advice-and-guidance/non-statutory-guidance-scottish-public-authorities.
98. Human Medicines Regulations 2012
100. https://www.gov.uk/government/organisations/medicines-and-healthcare-products-regulatory-agency
101. Regulation 238 and Schedule 19 of the Human Medicines Regulations 2012
102. Controlled Drugs (Supervision of Management and Use) Regulations 2013
103. The Health and Safety at Work etc Act 1974
104. Management of Health and Safety at Work Regulations 1999
105. Education (Schools and Placing Information) (Scotland) Regulations 2012
106. Paragraph 12 of Schedule 4 of the Waste Management Licensing (Scotland) Regulations 2011
Contact
Email: Laura Meikle
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