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Statutory Guidance

Draft Statutory GIRFEC guidance

Statutory guidance has been produced to explain the legal duties in Parts 4, 5 and 18 (sect 96) of the Act
Read the Draft Statutory Guidance

Statutory Guidance published December 2015

Named Person Supreme Court Decision

The Guidance in the links provided on this page remains valid, however the Supreme Court judgment on certain aspects of the Named Person service has meant that some of the information it contains will need to be revised.  This relates to the information sharing provisions of Part 4 and 5 of the Children and Young People (Scotland) Act 2014 as the Supreme Court judgement requires these provisions to be amended in order for them to be compatible with Article 8 of the ECHR.  Therefore, the current draft statutory guidance on sections 23, 26, 27 and 40 should be disregarded for the time being, until it is revised following amendment of the provisions.  Any information shared by and with those identified as Named Persons under GIRFEC policy can and should continue to operate in accordance with the existing legal framework and guidance on data sharing, human rights and children’s rights.  This includes the Data Protection Act 1998 and the Human Rights Act 1998.  Read the Policy Update on delivery of the Getting it right for every child approach here. 

Why introduce GIRFEC into law?

Most of the way of working required by the Children and Young People (Scotland) Act is already happening, and has been happening for many years. The new law ensures that all children have the same opportunities to have help and support available to them when they need it.

What is the statutory guidance for?

Statutory guidance has been produced to explain the legal duties in Parts 4, 5 and 18 (section 96) of the Act. These parts are about the Getting It Right For Every Child (GIRFEC) national approach to improving outcomes through public services that support the wellbeing of children and young people. The guidance is in draft form but will be finalised and published before these parts of the Act come into force in August 2016.

Who is the statutory guidance for?

The statutory guidance is aimed at organisations – and their staff – that are legally responsible for putting in place and operating various parts of the Children and Young People (Scotland) Act. These are likely to include:

  • strategic leaders and senior operational managers in health boards and local authorities

  • Scottish Prison Service

  • Bodies listed in schedules 2 and 3 of the Act

  • Proprietors and managers of independent and grant-aided schools and secure accommodation services

This guidance will also be of interest to:
  • Scrutiny bodies

  • Education and training organisation

  • Regulatory bodies

  • Third sector organisations acting on behalf of a service provider

Children, young people and parents may wish to refer to this guidance to understand their entitlement and rights under Parts 4 and 5 of the Act, but further specific information will be developed to support their understanding of the Act.

The draft guidance will make most sense if read as a whole.

Read the draft statutory guidance