1. 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

2. 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

3. 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

4. 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

5. 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

6. 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 6

7. 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

8. 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

9. 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

10. 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 10

11. CYP (S) Act 2014 Potential for Statutory Guidance
Assessment of Wellbeing
Named Person Service
Childs Plans 11

12. 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

13. 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 13

14. 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

15. 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

16. 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…….

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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.

23. Thank you.