getting it right for e ery child  Information Sharing & the Children and Young People (S) Act 2014 Practitioners Guide to Information Sharing, Consent and Confidentiality Practice Guide Launch Event Monday 26 January 2015 Beach Ballroom Aberdeen Alan Small- GIRFEC Implementation Advisor

getting it right for e ery child  Information Sharing 2012 – Now - a journey Risk of Significant Harm but need for Early Intervention important to protect the rights of individuals important to ensure that our children are protected from risk of harm Paper to GIRFEC Programme Board – Meeting between ICO and GIRFEC Programme Board – December

ICO Statement 28 th March 2013 Misconception that the Act prevents sharing so fear of non-compliance becomes a barrier The Act promotes lawful and proportionate information sharing A risk to wellbeing can be a strong indication that the child or young person could be at risk of harm if the immediate matter is not addressed Where a practitioner believes, in their professional opinion, that there is risk to a child or young person that may lead to harm, proportionate sharing of information is unlikely to constitute a breach of the Act Consent can be difficult and it should only be sought when the individual has real choice over the matter

Information Sharing Information Sharing duties to be in CYP Act Interim Guidance needed National Guidance Considered Collaborative Approach – Perth and Kinross/ICO/SG GIRFEC Team Practitioner's toolkit - information sharing, confidentiality and consent

getting it right for e ery child  Where are we now? “More work is now needed by chief officers and senior managers…… to remove barriers to helpful information-sharing when addressing early concerns”. (Care Inspectorate May 2013)

getting it right for e ery child  ICO Letter – Impact on Practice

getting it right for e ery child  Challenges & Feedback Misconceptions & Interpretations Child Protection v GIRFEC Thresholds Defining Wellbeing Consent Changing the Culture of Practice Single Agency Perspectives Size – Keeping it Manageable/Real

getting it right for e ery child  Information Sharing Guide Published by Perth & Kinross CPC Focus on Wellbeing/GIRFEC/Keeping Safe Information Sharing/Confidentiality and Consent Presented as a Practitioner Q&A Published as a PDF/OnLine Toolkit Includes Electronic Links/Downloads Supported by ICO and GIRFEC Team

getting it right for e ery child  Children and Young People (Scotland) Act 2014 Parts 4, 5 & 18 Named Person/Child’s Plan/Wellbeing Getting it right for every child

getting it right for e ery child  CYP (S) Act 2014 Key GIRFEC Provisions & Duties Wellbeing defined through indicators - Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, Included Duty to make available universal provision of Named Person Service from birth (NHS Boards responsibility until age of school entry, then Local Authority) Duty of NP Service to Promote, Support and Safeguard Wellbeing Duty to share information with Named Person Service/ Duty on Named Person Service to share information to promote, support or safeguard wellbeing of child or young person – specific tests and requirements Ensuring that a single Child’s Plan is prepared for every child who needs one - -The child must be assessed as having a wellbeing need in terms of the definition of wellbeing within the Act. - only when the wellbeing need cannot be met, or fully met, without the provision of a ‘targeted intervention’ -

getting it right for e ery child  Children & Young People (Scotland) Act: Timescale for Guidance Development Dates shown are estimates, and as such, are subject to change January 2013Spring 2014Remainder of 2014Spring 2015Summer 2015August 2016 Initiation of collaborative process to prepare Guidance Royal Assent Publication of “Outline Guidance” Informal engagement on proposed Guidance and Regulations Detail of statutory Guidance and Regulation drafted & published Public consultation on draft statutory Guidance and Regulations Regulations complete Statutory Guidance complete Develop Practice Guidance Commencement of GIRFEC provisions

Family Named Person PROMOTE Information Sharing SUPPORT SAFEGUARD Information Information Advising Requests for help Helping Supporting Informing Contacting other services Systems Infrastructure Protocols Processes Policies Procedures Help Child / Young Person Supervision Governance Capacity Capability Competencies Advice Training Named Person Service

getting it right for e ery child  GIRFEC duties – Information sharing Part 4 Section 23 –Transitions Information to be shared by outgoing Named Service with incoming Named Person Service that is: a)likely to be relevant to functions of Named Person promote, support and safeguard wellbeing of specific child b)and ought to be shared where reasonably practicable, obtain and have regard to the views of child taking account of age and maturity – note views of parent or anyone else are not required sharing outweighs any likely adverse effect on child's wellbeing –note no requirement to consider effect on parent or other c)it does not prejudice criminal investigation or prosecution Most generally when Child starts primary school But also when child moves to another area or independent school Separate process to traditional transition

getting it right for e ery child  GIRFEC duties – info sharing Part 4 Section 26 Information to be shared with Named Person if: a)likely to be relevant to functions of Named Person promote, support and safeguard wellbeing of specific child b)and ought to be shared where reasonably practicable, obtain and have regard to the views of child taking account of age and maturity – note views of parent or anyone else are not required sharing outweighs any likely adverse effect on child's wellbeing –note no requirement to consider effect on parent or other c)it does not prejudice criminal investigation or prosecution Information to be shared by Named Person if: –likely to be relevant to the function of service provider or relevant authority or may affect or effect the wellbeing of a child or young person. –b) and c) above also apply If tests met then according to the Act relevant and proportionate information must be shared even where there is a duty of confidentiality

getting it right for e ery child  GIRFEC duties – disclosure of info Part 4 Section 27 The recipient (Named Person) of the information must be made aware of what information is being shared in breach of a duty of confidentiality The recipient is not to provide the information to any other person, unless sharing of the information is permitted or required by law including CYP Act.

getting it right for e ery child  GIRFEC duties – info sharing and duty to help Named Person Impact is far reaching –Health Services - GPs, dentists, community pharmacists, mental health, addiction, long term conditions, A&E, minor injuries, out of hours, family planning, sexual health, maternity services, ambulance service, health visiting, school nursing, CAMHS, Paediatrics, Neonatology, Community Child Health, Health Promotion, Allied Health Care Professionals, Porters…… –Local Authorities – Education and Learning (inc early childhood education) Housing, Social Services, Adult Services, Leisure Services…… –Police, Fire Service, Sports Council –Any organisation performing a function on behalf of a Health Board or Local Authority

getting it right for e ery child  So …… when is there a requirement to share information When a child's wellbeing is or is likely to be at risk and may require to be addressed Wellbeing not welfare – thresholds? The issue/ concern may not directly relate to your service/ treatment/ intervention Need for local policy, guidance, systems and processes to support information sharing Duty of confidentiality is not a blockage to sharing Data Protection Act 1998 still applies

getting it right for e ery child  Children and Young People (Scotland) Act 2014 Part 5 There will be one statutory Child’s Plan which will be used in all circumstances including CP, LAC, EEI, CSP and those in Young Offenders institutions There will be a plan for all children who have needs only capable of being met by a targeted intervention There will be a prescribed data set for the Child’s Plan The Named person will on almost all cases instigate the plan, a Lead Professional being appointed as is appropriate.

getting it right for e ery child  Children and Young People (Scotland) Act 2014 Part 5 - Child’s Plan A child has a wellbeing need if the child’s wellbeing is being, or is at risk of being, adversely affected by any matter A “targeted intervention” is a service which––. meeting the needs of children whose needs are not capable of being met, or met fully, by the services which are provided generally to children by the authority. A relevant/ listed authority must comply with any reasonable request made of the person to provide a person exercising functions under this Part with information, advice or assistance for that purpose. Relevant, Appropriate and Proportionate

getting it right for e ery child  Children & Young People (Scotland) Act 2014 Targeted intervention a distinction needs to be drawn between targeted interventions and services that are generally available. It will be for each health board, local authority and directing authority to indicate which services and support are available generally to children for whom they have a responsibility. A targeted intervention is defined as a service which is directed at meeting the needs of children whose needs are not capable of being met, or met fully, by the provision of services that are generally available.

getting it right for e ery child  Children and Young People (Scotland) Act 2014 ANY QUESTIONS?

getting it right for e ery child  CONTACT Alan Small GIRFEC Implementation Advisor Scottish Government 2-B North, Victoria Quay, Edinburgh EH6 6QQ Dr Marion Gillooly GIRFEC Implementation Advisor Scottish Government 2-B North, Victoria Quay, Edinburgh EH6 6QQ │ v.uk