Children and Young People (Scotland) Act 2014 correspondence: FOI release

Information requested

Information/discussions/minutes you hold on the repealing of Parts 4 & 5 of Children Young People Scotland Act 2014 since John Swinney’s statement in Sept. 2019.

Please also provide me with its current status, and plans for when the repealing will take place.

Response

Attached is a copy of all the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because of exemptions under sections: 

Section 38(1)(b) (personal information)

The reasons why that exemptions applies are explained in the Annex to this letter.

You asked about the current status of parts 4 and 5 and plans for when the repealing will take place.

As set out in the information provided in response to your request, the current status is that parts 4 and 5 of the Children and Young People (Scotland) Act 2014 have not been commenced. As the provisions within parts 4 and 5 have never been in force, this does not affect the existing named person or child’s plan practice, only the legislation that would have made it law.

Also as set out in the information provided, repeal will take place when a suitable legislative vehicle is identified.

The information identified in response to your request is not as extensive as the other FOI request that you have made recently (FOI 202000114465). The priority has been to develop updated Policy and Practice Guidance provide organisations and practitioners
with confidence, clarity and practical support to deliver GIRFEC underpinned by good, proportionate and appropriate information sharing.

As described in the information provided here and as you will see from the information provided in response to FOI 202000114465, work had commenced on developing updated Policy and Practice Guidance. This work was paused due to Covid-19 pressures. We plan to engage with key stakeholders in early 2021 to agree realistic timetables, taking account of the capacity of our partners, and also within the Scottish Government.

Annex
REASONS FOR NOT PROVIDING INFORMATION

An exemption applies
An exemption under section 38(1)(b) of FOISA (personal information) applies to a small amount of the information requested because it is personal data of a third party, i.e. the names and contact details of individuals, and disclosing it would contravene the data protection principles in Article 5(1) of the General Data Protection Regulation and in section 34(1) of the Data Protection Act 2018. This exemption is not subject to the ‘public interest test’, so we are not required to consider if the public interest in disclosing the information outweighs the public interest in applying the exemption.

About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI202100145467 - Information released

File type

4 page PDF

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570.4 kB