Better Life Chances Unit Children and Young People (Scotland) Act 2014/ Getting it right for every child Bob Fraser Better Life Chances Unit Scottish Government www.scotland.gov.uk/gettingitright

Getting it right for every child in context Scotland – Best place in the world for children to grow up Improving Wellbeing Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible & Included Sustained improvement in outcomes through changes in culture, systems and practice Key Legislation PB (JW) Act CYP Act ASL Act SDS Act CE & R Bill Carers Bill Reporting /planning on promoting, supporting & safeguarding wellbeing – duties under CYP Act Integration Plans (PB (JW )Act) Specific Policies /Initiatives to support Improvement Getting it right for every child Curriculum For Excellence Early Years Framework Scrutiny Policies Overarching/ Enablers Early Years – Parenting Strategy Play Strategy Early Years Collaborative Child and Maternal Health CCH developments RFMCS FNP Review of HV & S N AHP NDP Looked after C&YP We can and must do better, And many more…….. Single Outcome Agreements/ NPF The Improvement Model Annual Review of NHS Local Delivery Plans Improved Outcomes Child Family Community Population

Children & Young People (Scotland) Act 2014 Wide ranging scope: Children’s Rights Children’s Commissioner Children’s Services Planning Elements of Getting it right for every child (GIRFEC) Early Learning & Childcare Corporate Parenting Aftercare Services in relation to children at risk of becoming looked after Support for Kinship Care Adoption Register School Closures www.scotland.gov.uk/gettingitright

Children & Young People (Scotland) Act 2014 Royal Assent on 27th March 2014 It is legislation now – just not enforced yet ELCC first provisions commenced 1st August 2014 Phased commencement of other Act provisions and duties GIRFEC provisions and duties expected to commence in August 2016 Full consistent compliance with all aspects of legislation that have been commenced Engagement with Boards – GIRFEC Change Managers National Group, Child Health Commissioners, Briefings to CE and Chairman Groups. Engagement with wider NHS Scotland through SG policy areas and specialist groups www.scotland.gov.uk/gettingitright

Why Legislate for Elements of GIRFEC? Policy alone not achieving vision Shifting statutory consideration of need from Welfare to Wellbeing - defining Wellbeing Increase pace of GIRFEC implementation Increased consistency in delivery of approach Clarity of provisions, duties and accountability www.scotland.gov.uk/gettingitright

Children & Young People (Scotland) Act 2014 Welfare to Wellbeing – 95 Act (Sections 17, 22 & 26A, also section 23, 24 & 24A through reinterpretation of section 22 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 on Relevant Authorities to help Named Person Information sharing – Duty to share with Named Person Service Duty on Named Person Service to share Single Child’s Plan: One Child = One Plan Duty to provide assistance in relation to a Child’s Plan www.scotland.gov.uk/gettingitright 6

Evidence Basis to Improving Outcomes Prevention is best, early intervention if prevention not achieved Single point of contact Consistent individual, known to family, identifiable by other practitioners, trusting relationship with family, regular contact with family Personalised outcome focus Involving client - children and families in all aspects of assessment & planning Considering holistic needs Focusing on outcomes rather than process Taking an assets based approach – utilising strengths to address pressures Common language for communication between all stakeholders Common approach to assessment and planning by all practitioners Single integrated plan Coordination of the Plan in terms preparation, delivery & management Timely sharing of relevant and proportionate information

What does it mean for Children Children and families at the centre Advice, information, support & help available on request or when need arises Assessment, planning and action from identification of need Single coordinating point of contact Shared language across professional groups and organisations Single assessment framework Single plan with clear actions, outcomes, responsibilities and timescales Prioritization and co-ordination of actions Reduced duplication in assessment, meetings & reviews Reduced chance of confusion over responsibilities to address needs

Where is the detail? Powers for Ministers to issues secondary legislation Powers for Ministers to issue statutory guidance Working with partners to revise and develop policies and guidance National Local www.scotland.gov.uk/gettingitright

CYP (S) Act 2014 Potential for Secondary Legislation Assessment of Wellbeing -SHANARRI Training, qualifications, experience or position of Named Person Requirement for Plan – whose views to be considered Contents of Child’s Plan Preparation of Child’s Plan Sharing of Child’s Plan Responsible Authority for Child’s Plan Management including: review, transfer, interventions Complaints re provision of Named Person Service and Child’s Plan provisions and duties Power for Ministers to issue Directions re Named Person Service and Child’s Plan provisions www.scotland.gov.uk/gettingitright 10

CYP (S) Act 2014 Potential for Statutory Guidance Assessment of Wellbeing Named Person Service Childs Plans www.scotland.gov.uk/gettingitright 11

National Consistency Vs Local Flexibility 2nd Legislation & Statutory Guidance - Ensured/ little flexibility National Policy & Practice Guidance - some flexibility Local Flexibility State requirement for specific policies, procedures, protocols but leave detail to Boards and CPPs Good practice guidance/ specimen policies, procedures & protocols www.scotland.gov.uk/gettingitright

Current GIRFEC Policy & CYP (S) Act 2014 Policy has not significantly changed since 2010 Implementation should be on-going Fine detail of policy being reviewed and refined in light of legislation Few significant changes to policy Challenge of legislation is every child all of the time www.scotland.gov.uk/gettingitright 13

Children & Young People (Scotland) Act (2014) Timescale for Development of Secondary Legislation, Statutory Guidance & Practice Guidance Dates shown are estimates, and as such, are subject to change   January 2014 Spring 2014 Remainder of 2014 Early 2015 Summer 2015 August 2016 Scoping Guidance requirements    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 Secondary Legislation complete Statutory Guidance complete Develop Practice Guidance  Commencement of GIRFEC provisions www.scotland.gov.uk/gettingitright

Contacting other services Named person Child/ Young Person Named Promote Support Safeguard Advising Informing Supporting Helping Requests for help Systems Processes Procedures Person Named Person Service Information Sharing Information Protocols Infrastructure Capacity Governance Sharing Contacting other services Advice Policies Help/ Assistance Supervision Competencies

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…… Local Authorities – Education and Learning (inc early childhood education) Housing, Social Services, Leisure Services…… Police, Children’s Hearings Scotland, The Scottish Children’s Reporter Administration……. www.scotland.gov.uk/gettingitright

GIRFEC duties – Child’s Plan Child’s Plans will have a statutory status where needs are outwith the scope or capacity of Named Person Service i.e. not generally available to Named Person. Usually when multiple services or two agencies are involved include the information required by statutory and non statutory plans – Coordinated Support Plan CSP, looked after children child’s plan, Carers Support Plan CSP, Individualised Educational Programmes IEP, Health Plans, Child Protection Plans, Social Work Plans………… outcome led – who will achieve what by when Is there the capability and capacity to deliver on the provisions and duties in relation to Child’s Plans? Requirement, Content, Preparation, Delivery and Management Responding to requests to provide assistance Accepting responsibility for and transferring Plans www.scotland.gov.uk/gettingitright

So …… when do am I required to share information When in your professional judgement a child's wellbeing is being affected or at risk and if not addressed in your view the child is likely to experience harm even if this is in the long term. The issue/ concern may not directly relate to your service/ treatment/ intervention If unsure seek advice from a colleague, local systems and processes to support information sharing www.scotland.gov.uk/gettingitright

Does everyone have to comply with a request for help/ assistance? The Act says that the Board and other specified organisations/ bodies must comply with a request for help/ assistance, unless exceptions are met - there should be policies and procedures to assist you in making and respond to these. In prioritising access this may not only mean considering when a patient/ client is placed on the waiting list, their condition/ circumstances but also any wider wellbeing impact on the child or young person – safe, healthy, achieving, nurtured, active, respected, responsible & included www.scotland.gov.uk/gettingitright

Complying with statutory duties and provisions Do staff have the knowledge, skills and competences to deliver the Named Person Service – not just those who will be Named Persons? Have services and agencies agreed how Child’s Plans will be consistently provided within areas? Does the workforce have the capacity? Are the systems and businesses processes in place to ensure service delivery? Collation and recording of information in terms wellbeing indicators Continuity of service through sickness, absence and transitions Responding to concerns identified by themselves, families and others Management of information sharing and chronologies Child’s Plan - Requirement, Content, Preparation, Delivery and Management Is professional advice and support available? Is there a supervision and governance framework? Changes required to culture, systems and processes www.scotland.gov.uk/gettingitright

Work Programme NHS Scotland Ensure optimum use of secondary legislation, statutory guidance, national policy, practice guidance, local policies procedures, protocol and delivery. Ensure that all staff are clear of what is expected of them Ensure that all relevant staff (those working with children and parents/ carers) have an awareness of the 8 wellbeing indicators – SHANARRI and how they should consider impact on the child or young persons wellbeing Ensure all staff have the knowledge, skills and capacity to deliver Clarify what workforce development and planning will be required Identify and put in place all policies, procedures, protocols and systems that are required to support changes in practice, governance, information management and information sharing Ensure that the culture is supportive of information sharing where sharing without consent may be required www.scotland.gov.uk/gettingitright

Recommendations: The CYPHSG: Note key provisions and duties in CYP(S) Act 2014 that apply to the NHS Note the programme of work required to achieve compliance with the Act (planned enforcement Aug 2016) Provide advice and support on accelerating the required changes in culture, systems and practice required by NHS Scotland to achieve compliance in Aug 2016. www.scotland.gov.uk/gettingitright

Thank you. www.scotland.gov.uk/gettingitright