Children and Young People (Scotland) Act 2014/ Getting it right for every child Information Sharing 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 Early Learning and Child Care - provisions commenced 1st August 2014 Phased commencement of Act provisions & duties to allow for the development of capacity and capability to meet duties e.g. additional Health Visitors GIRFEC provisions and duties expected to commence in August 2016 Requires full consistent compliance with all aspects of legislation that have been commenced – every child, every practitioner, all of the time. Statutory duties on a range of Public bodies relating to information sharing Statutory requests for help/ assistance to a Health Board/Local Authority/Independent School. www.scotland.gov.uk/gettingitright

CYP (S) Act 2014 Key GIRFEC Provisions & Duties Wellbeing defined through indicators – SHANARRI 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 Provision in the Act to permit information sharing where there is a duty of confidentiality Provision for Named Person Service to make statutory requests for help to Relevant Authorities (incl. Boards and Local Authorities) Duty on Boards and Local Authorities to provide help unless specific conditions are met – requests can made in regard of all services provided incl. commissioned and contracted services www.scotland.gov.uk/gettingitright 3

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 People Advice Sharing Contacting other services Help Policies

GIRFEC duties – info sharing Part 4 Section 23 Information to be shared by outgoing Named Service with incoming Named Person Service that is: likely to be relevant to functions of Named Person promote, support and safeguard wellbeing of specific child 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 it does not prejudice criminal investigation or prosecution Most generally when Child starts primary school But also when child moves to another area Separate process to traditional transition www.scotland.gov.uk/gettingitright

GIRFEC duties – info sharing Part 4 Section 26 Information to be shared with Named Person if: likely to be relevant to functions of Named Person promote, support and safeguard wellbeing of specific child 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 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 www.scotland.gov.uk/gettingitright

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. www.scotland.gov.uk/gettingitright

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, Fire Service, Sports Council Any organisation performing a function on behalf of a Health Board or Local Authority www.scotland.gov.uk/gettingitright

So …… when is there a requirement to share information When a child's wellbeing is being 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 www.scotland.gov.uk/gettingitright

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 minimum 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. www.scotland.gov.uk/gettingitright

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 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. www.scotland.gov.uk/gettingitright

Children and Young People (Scotland) Act 2014 Alan Small Information Sharing and Technological Solutions Lead Getting it right for every child and young person Children's Rights and Wellbeing Scottish Government Victoria Quay Edinburgh EQ6 6QQ Alan.Small@scotland.gsi.gov.uk 0131 244 7168 07896281709 07531311272 www.scotland.gov.uk/gettingitright