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

Part 3, Children and Young People (Scotland) Act 2014

To improve the way services work together to support children, young people and families, by ensuring their planning and delivery is coordinated, and that there is a clear focus on wellbeing and improving outcomes. This will be done through:

• a) the preparation of a Children's Services Plan ( CSP), setting out how those bodies responsible for expenditure, planning and delivery of services will work together to improve the wellbeing of all children and young people in the local authority area; and
• b) annual reporting on the local area's progress towards meeting the aims of the CSP.

Children's services planning should facilitate the implementation of the GIRFEC approach, and improve local service's accountability for improving outcomes (through the production of relevant information on progress).

a) A local authority

b) Relevant health board

a) Scottish Ministers (but only in relation to a service provided by them in exercise of their functions under the Prisons (Scotland) Act 1989)

b) Chief Constable of the Police Service of Scotland

c) Scottish Fire and Rescue Service

d) Principal Reporter

e) National Convener of Children's Hearings Scotland

f) Scottish Courts and Tribunals Service

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

h) Social landlords

i) Organisations (whether or not formally constituted) which:

i. represent the interests of persons who use, or are likely to use, any children's service or related service in the area; and
ii. provide a service in the area which, if that service were to be provided by the local authority, relevant health board or "other service provider", would be considered a "children's service" or "relevant service".

CSP to detail the provision of all "children's services" and "related services" made available by the local authority, relevant health board and "other service providers" in the local authority area.

Each CSP is to be prepared with a view to securing a number of specific aims. Those aims are:

a) that children's services in the area are provided in the way which -

i. best safeguards, supports and promotes the wellbeing of children in the area concerned;
ii. ensures that any action to meet needs is taken at the earliest appropriate time and that, where appropriate, action is taken to prevent needs arising;
iii. is most integrated from the point of view of recipients; and
iv. constitutes the best use of available resources,

b) that "related services" in the area are provided in a way which, so far as it is consistent with the objects and proper delivery of the services concerned, safeguards, supports and promotes the wellbeing of children.

Each CSP to cover a three-year period; (the first CSP to cover 1 April 2017 to 31 March 2020).

A local authority and relevant health board must keep the CSP under review, and may, in consequence, revise it at any point.

A report to be published (in such manner as considered appropriate) as soon practicable after the end of each one-year period. (Each one-year period runs April to March; first report to cover the year 1 April 2017 to 31 March 2018.)

Yes. A copy of a CSP must be sent to Scottish Ministers.

Part 1, Public Bodies (Joint Working) (Scotland) Act 2014

To improve the quality and consistency of health and social care services in Scotland (in order to improve the wellbeing of service-users) through integration of certain local authority and health services. The legislation requires "integration authorities" to prepare and publish a strategic plan for the local authority area, setting out the arrangements for delivery of integrated functions (i.e. adult health and social care services), and how these will help meet the national health and wellbeing outcomes (as described by Scottish Ministers).

The "integration authority"

a) Such persons as the integration authority considers appropriate

b) Such groups of persons as the Scottish Ministers may prescribe

c) (Where a significant decision about a service is to be taken) users of the service which is being or may be provided

An integration authority can include such material as it thinks fit, but it must set out:

a) the arrangements for carrying out the integrated functions in the local authority area (which must, in turn, be divided into localities and the arrangements for each locality set out separately); and

b) the way in which the arrangements for carrying out the integration functions will achieve (or contribute to achieving) the national health and wellbeing outcomes.

None specified in legislation, but in preparing a plan an integration authority must have regard to:

a) the integration delivery principles -

i. that the main purpose of services which are provided in pursuance of integration functions is to improve the wellbeing of service users;
ii. that, insofar as consistent with the main purpose, those services should be provided in a way which, so far as possible, is:

• integrated from the point of view of service users,
• takes account of the particular needs of different services users,
• takes account of the particular needs of services users in different parts of the (local authority) area in which the service is being provided,
• takes account of the particular characteristics and circumstances of different service users,
• respects the rights of service users,
• takes account of the dignity of service users, and
• takes account of the participation by service users in the community in which service-users live,
• protects and improves the safety of service users,
• improves the quality of the service,
• is planned and led locally in a way which is engaged with the community (including in particular service users, those who look after service users and those who are involved in the provision of health or social care),
• best anticipates needs and prevents them arising, and
• makes the best use of the available facilities, people and other resources; and

b) the national health and wellbeing outcomes -

1) People are able to look after and improve their own health and wellbeing and live in good health for longer.

2) People, including those with disabilities or long term conditions, or who are frail, are able to live, as far as reasonably practicable, independently and at home or in a homely setting in their community.

3) People who use health and social care services have positive experiences of those services, and have their dignity respected.

4) Health and social care services are centred on helping to maintain or improve the quality of life of people who use those services.

5) Health and social care services contribute to reducing health inequalities.

6) People who provide unpaid care are supported to look after their own health and wellbeing, including to reduce any negative impact of their caring role on their own health and wellbeing.

7) People who use health and social care services are safe from harm.

8) People who work in health and social care services feel engaged with the work they do and are supported to continuously improve the information, support, care and treatment they provide.

9) Resources are used effectively and efficiently in the provision of health and social care services.

Strategic Plans must cover a period of at least three years.

An integration authority must carry out a review of its strategic plan at least every three years.

An integration authority must prepare and publish an annual financial statement detailing the total resources which the integration authority intends to allocate under the provisions of its strategic plan. (The year begins from the date at which functions were delegated.)

An integration authority must prepare and publish, within four months of the end of the reporting year, an annual performance report which details the performance of the integrated authority in carrying out the integrated functions. (The reporting year is a period of one year starting on the date that integration functions were delegated.)

No (not required under legislation).

Part 2, Community Empowerment (Scotland) Act 2015

To improve the achievement of outcomes resulting from, or contributed to by, the provision of services delivered by or on behalf of the local authority and other "community planning partners". It places specific duties on CPPs around improving locally prioritised outcomes and acting with a view to reducing inequalities of outcome across communities within the area of the CPP. It does this by:

a) establishing "community planning partnerships" on a statutory basis;

b) requiring CPP to identify local outcomes for improvement (which must be consistent with the National Outcomes set by Scottish Ministers); and

c) placing duties on the relevant "community planner partners" to cooperate in the planning and delivery of local outcomes (including the development and publishing of a local outcomes improvement plan).

a) Relevant local authority

b) Relevant health board (whose area includes, or is the same as, the local authority)

c) Regional college (which is situated in the area of the local authority)

d) Highlands and Islands Enterprise (where relevant)

e) Historic Environment Scotland

f) Any "integration joint board" to which functions of the local authority and health board are delegated

g) A National Park authority (if relevant)

h) A regional strategic body specified in schedule 2A of the Further and Higher Education (Scotland) Act 2005 (if relevant)

i) Scottish Enterprise

j) Scottish Environment Protection Agency

k) Scottish Fire and Rescue

l) Scottish Natural Heritage

m) Scottish Sports Council (Sports Scotland)

n) Skills Development Scotland

o) A regional Transport Partnership (whose area includes, or is the same as, the local authority)

p) VisitScotland

q) Chief Constable of the Police Service of Scotland

The Community Empowerment (Scotland) Act 2015 places communities at the heart of community planning, with CPPs required to take all reasonable steps to secure the participation of any community body which it considers likely to be able to contribute to community planning to the extent that those bodies wish to do so with a particular regard to those representing the interests of persons experiencing socio economic disadvantage. Further, the Act places duties on partners to contribute such funds, staff and other resources to secure the participation of such community bodies.

All services delivered by, or on behalf of, the CPP. The plan will provide a description of the needs and circumstances of persons residing in the area of the CPP, a description of the improvement in local outcomes that is sought, and the timeframe for achieving the improvement.

The improvement in the achievement of local outcomes, as identified by the CPP in consultation with community bodies and representatives. (These local outcomes must be consistent with the National Outcomes set by Scottish Ministers.)

Reducing inequalities of outcome which result from socio-economic disadvantage (without precluding actions which improve outcomes but which do not, of themselves, reduce inequalities of outcomes which result from socio-economic disadvantage).

The legislation does not specify a timespan for the local outcomes improvement plan. (The timespan for the plan is at the discretion of CPPs.)

CPPs must monitor progress in improving the achievement of the outcomes specified in the plan, and keep the plan under review to determine whether it is still fit for purpose. (Any revised plan must be published.)

Each CPP must prepare and publish an annual report of progress, setting out: (a) its assessment of whether there has been any improvement in the achievement of the outcomes specified in their plan; (b) the extent to which the CPP has participated with community bodies; and (c) the extent to which that participation has been effective in contributing to community planning.

The reporting year runs from 1 April to 31 March.

No.

Part 1, Children and Young People (Scotland) Act 2014

To reflect the role of the United National Convention on the Rights of the Child ( UNCRC) in influencing the design and delivery of policies and services in Scotland.

a) A local authority

b) Children's Hearings Scotland

c) Scottish Children's Reporter Administration

d) A health board

e) A "special health board" (A board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978)

f) Healthcare Improvement Scotland

g) Scottish Qualifications Authority

h) Skills Development Scotland

i) Social Care and Social Work Improvement Scotland (Care Inspectorate)

j) Scottish Social Services Council

k) Scottish Sports Council (SportScotland)

l) Chief Constable of the Police Service of Scotland

m) Scottish Police Authority

n) Scottish Fire and Rescue Service

o) Scottish Legal Aid Board

p) Mental Welfare Commission for Scotland

q) Scottish Housing Regulator

r) Bord na Gaidhlig

s) Creative Scotland

t) An integration joint board to which functions in relation to persons under 18 years of age are delegated in pursuance of an integration scheme prepared under section 1 or 2 of the Public Bodies (Joint Working) (Scotland) Act 2014. [inserted by The Public Bodies (Joint Working)(Scotland) Act 2014 (Consequential Modifications and Saving Order 2015 (SSI 2015/157]

N/A

N/A (No plan required)

N/A (No plan required)

N/A (No plan required)

N/A (No plan required)

As soon as practicable after the end of each three-year period, the relevant public bodies (listed above) must publish, in such a manner as they consider appropriate, a report on what steps they have taken in that period to secure better, or further effect within its areas of responsibility of the UNCRC requirements.

Two or more of the public bodies (listed above) may publish a report jointly.

No. (However, every three years Scottish Ministers must lay before the Scottish Parliament a report detailing what steps they have taken to secure better, or give further to, the UNCRC in Scotland, and their plans for the next three years; to inform this process Scottish Ministers may use the children's rights reports of public bodies.)

Part 9, Children and Young People (Scotland) Act 2014

Through the plan, detail how corporate parents (either singularly or in partnership with other corporate parents) will fulfil their "responsibilities" (section 58 of the Act), and other corporate parenting duties, towards eligible children and young people (looked after children and care leavers).

Through the report, evidence how corporate parents (either singularly or in partnership with other corporate parents) have fulfilled their "responsibilities" (section 58 of the Act) and other corporate parenting duties.

a) Scottish Ministers

b) A local authority

c) National Convener of Children's Hearings Scotland

d) Children's Hearings Scotland

e) The Principal Reporter

f) Scottish Children's Reporters Administration

g) A health board

h) A "special health board" (A board constituted under section 2(1)(b) of the National Health Service (Scotland) Act 1978)

i) Healthcare Improvement Scotland

j) Scottish Qualifications Authority

k) Skills Development Scotland

l) Social Care and Social Work Improvement Scotland (Care Inspectorate)

m) Scottish Social Services Council

n) Scottish Sports Council (SportScotland)

o) Chief Constable of the Police Service of Scotland

p) Scottish Police Authority

q) Scottish Fire and Rescue Service

r) Scottish Legal Aid Board

s) Commissioner for Children and Young People Scotland

t) Mental Welfare Commission for Scotland

u) Scottish Housing Regulator

v) Bord na Gaidhlig

w) Creative Scotland

x) A body which as "post-16 education body" for the purposes of the Further and Higher Education (Scotland) Act 2005

a) Other corporate parents

b) Such other persons as it (the corporate parent) considers appropriate

The plan must detail how the corporate parent will exercise their corporate parenting duties towards eligible children and young people.

It can be published in any such manner as the corporate parent considers appropriate, including together with, or as part of, any other plan or document.

No specific aims or outcomes are specified in legislation. However, every corporate parenting plan must show how they will fulfil the corporate parenting duties. In summary, these are:

1) corporate parenting responsibilities -

• a) to be alert to matters which, or which might, adversely affect the wellbeing of looked after children and care leavers,
• b) to assess the needs of those children and young people for services and support it provides,
• c) to promote the interests of those children and young people,
• d) to seek to provide those children and young people with opportunities to participate in activities designed to promote their wellbeing, and
• e) to take such actions as it considers appropriate to help those children and young people to -

i. access opportunities it provides in pursuit of d) above, and
ii. make such use of services, and access support, which it provides;

2) preparing, publishing and keeping under review a plan;

3) collaboration with other corporate parents;

4) preparing and publishing a report; and

5) providing information to Scottish Ministers.

None specified in legislation

Corporate parents must keep their plan under review.

Every corporate parent must report (either singularly on in partnership with other corporate parents) on how they have exercised their corporate parenting duties. Reports may also include information on standards of performance and outcomes achieved.

Although no time-frame for the publication of reports is specified in the legislation, the accompanying statutory guidance recommends publication at least once every three years. This is to align corporate parenting reporting with Scottish Ministers reporting (see below). The period of three years runs from 1 April 2015 to 31 March 2018.

Every corporate parent is under a duty to provide Scottish Ministers with such information as they may reasonably require about how they (the corporate parent) are exercising their corporate parenting duties, their standards of performance, and outcomes achieved.

Furthermore, every three years Scottish Ministers must lay before the Scottish Parliament a report on how they have exercised their corporate parenting responsibilities during that period; Scottish Ministers may use corporate parent's reports to inform this process.

Section 4, Part 1, Adoption and Children (Scotland) Act 2007

To outline how each local authority will provide an "adoption service" (see Scope of Plan for further details).

A local authority.

a) Each health board which provides services in the area of the local authority.

b) Such voluntary organisations as appear to the local authority to represent the interests of person who use, or are likely to use, the adoption service in the area.

c) Such voluntary organisations as appear to the local authority to provide services which, were they to be provided by the authority, might be an adoption service.

d) Such other persons as may be prescribed by Scottish Ministers.

Services which meet the needs, in relation to adoption, of:

a) children who may be adopted;

b) persons who have been adopted;

c) parents and guardians of children who may be adopted;

d) national parents of persons who have been adopted;

e) persons who, before the placing of a child for adoption or the adoption of a child, treated the child as their child;

f) siblings (whether of the whole-blood or half-blood), natural grandparents and former guardians of children who may be adopted, or persons who have been adopted;

g) persons who may adopt a child;

h) persons who have adopted a child;

i) in relation to persons mentioned in paragraph (g) or (h), children of, or children treated as children of, such persons; and

j) any persons who are -

i. affected by the placing, or proposed placing, of a child for adoption, or

ii. affected by an adoption.

An adoption service includes services consisting of, or including:

a) arrangements for assessing children who may be adopted;

b) arrangements for assessing prospective adopters;

c) arrangements for placing children for adoption;

d) the provision of information about adoption to any of the persons mentioned in the list above; and

e) "adoption support services" -

i. counselling to any persons mentioned in the list above,
ii. guidance about adoption to such persons, and
iii. any other assistance in relation to the adoption process that the local authority considers appropriate in a particular case.

The adoption service plan may be published as part of a Children's Services Plan (which replace local authority plans for services for children).

None specified in legislation.

-

Each local authority must, from time to time, review the plan.

No report required.

Yes.

The Requirements for Community Learning and Development (Scotland) Regulations 2013

• To ensure communities across Scotland - particularly those who are disadvantaged - have access to the CLD support they need.
• To strengthen coordination between the full range of CLD providers, ensuring that CPPs respond appropriately to the expectations set by the CLD Strategic Guidance.
• To reinforce the role of communities and learners in the assessment, planning and evaluation processes.
• To make the role and contribution of CLD more visible.

Local authority (referred to in the regulations as the "education authority")

Other persons who provide community learning and development within the area of the local authority.

Community learning and development services in the local area.

None specified in legislation.

Three years.

-

No report required.

No.

Carers (Scotland) Act 2016

To ensure better and more consistent support for carers and young carers, so that they can continue to care, if they so wish, in better health and with a life alongside their caring responsibilities.

Local authority

Relevant health board

"such persons and bodies representative of carers as are they [the local authority and health board] consider appropriate."

"relevant carers".

• Plans for identifying relevant carers and obtaining information about the care they provide or intend to provide.
• Assessment of the demand for support to relevant carers.
• The support available to relevant carers, in the area, from (i) the local authority; (ii) the relevant health board, (iii) such other persons and bodies as the authority and relevant health board consider appropriate.
• Assessment of the extent to which demand is not currently being met.
• Plans for supporting relevant carers.
• Plans for helping relevant carers put in place arrangements for the provision of care to care-for persons in emergencies.
• As assessment of the extent to which plans for supporting relevant carers may reduce any impact of caring on relevant carers' health and wellbeing.
• The intended timescales for preparing adult carer support plans and young carer statements.

The local carer strategy must contain information relating to the particular needs and circumstances of young carers.

None specified in the legislation, but in preparing the strategy the local authority and health board must have regard to the aims set out in section 9(2) of the Children and Young People (Scotland) Act 2014, and any national health and wellbeing outcomes prescribed under section 5 of the Public Bodies (Joint Working) (Scotland) Act 2014.

Three years.

At a minimum, before the end of the period covered by the Strategy.

No report required.

No.