Statutory guidance on Part 9 (Corporate Parenting) of the Children and Young People (Scotland) Act 2014

Guidance issued by Scottish Ministers under section 63 of the Children and Young People (Scotland) Act 2014 to provide corporate parents with information and advice.

References to 'Wellbeing' in Part 9

150. Section 58 (1)(a) of the Act requires that every corporate parent, in so far as consistent with the proper exercise of its other functions, be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom Part 9 applies. Section 58(1)(d) states that another duty of every corporate parent is to seek to provide those children and young people with opportunities to participate in activities designed to promote their wellbeing. Section 58 therefore requires each corporate parent to have cognisance of 'wellbeing', as described in section 96 of the Act.

151. The Act also specifies that corporate parents must, in so far as reasonably practicable, collaborate with each other when exercising their corporate parenting responsibilities and other functions under Part 9 of the Act, where they consider doing so would safeguard or promote the wellbeing of children and young people to whom Part 9 applies (section 60(1)). Section 60(2) specifies the forms that this collaboration may take.

152. The provisions in Part 9, and in particular, those contained in section 59, are thematically linked to children's services planning, as covered in Part 3 of the Act. Corporate parents listed in schedule 4 should ensure they create a culture where wellbeing is understood in the context of sections 95 and 96 of the Act, specifically in relation to looked after children and care leavers.

Assessment of wellbeing

153. Section 96(2) describes the wellbeing of children and young people in terms of eight indicators. These eight wellbeing indicators are sometimes known collectively by the acronym ' SHANARRI'. For further details on the wellbeing indicators please review the chapter 'Definition of Terms' above.

154. Whenever wellbeing is assessed it should be done in relation to the eight wellbeing indicators. Corporate parenting actions should be directed towards safeguarding or promoting a child or young person's wellbeing in any one or number of these areas. An explanation of how to assess wellbeing using the eight indictors can be found on the GIRFEC pages of the Scottish Government website, and in the GIRFEC National Practice Guide (2012). Further guidance on wellbeing (as set out in section 96) will be issued by the Scottish Government; corporate parents should have regard to any such guidance when assessing the wellbeing of a looked after child or care leaver.

155. Please note that (as discussed on pages 25-28 above) the majority of children and young people covered by Part 9 will, by virtue of being a looked after child or care leaver, already have been assessed using the National Practice Model, and their wellbeing needs recorded in a Child's Plan (or equivalent for young people aged 18 and above). These are statutory processes governed by primary and secondary legislation outside of Part 9. In this context, for most corporate parents the reality of 'assessment' will be working with the child/young person, carers and relevant professionals to identify if wellbeing needs (as recorded in the Child's Plan, or equivalent) can be met through the opportunities, services or support provided by the corporate parent. The exceptions to this will be those organisations who are responsible, under Parts 4 and 5 of the Act, for contributing to the development of a Child's Plan in the first instance.


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