1. Children and Young People (Scotland) Act 2014/ Getting it right for every child
Information Sharing

2. 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.

3. 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 3

4. 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

5. 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

6. 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

7. 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.

8. 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

9. 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

10. 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.

11. 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.

12. 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