1. A Scotland for children: A consultation on the Children and Young People Bill Dr Louise Hill Glasgow 12.09.12

2. Overview Overview of the consultation Sharing a legal perspective Small group discussions Tea/coffee break Small group discussions Feedback

3. Basics Consultation on the Children and Young People Bill – announced July 2012 Merging with the proposed Rights of Children and Young People Bill Quick Bill! Planned for this term of Parliament Consultation deadline 25 th September 2012

4. Aspirations of the Bill “The Children and Young People Bill is a fundamental step towards putting Scotland at the forefront of services which give children, young people and their families what they need and what they deserve, one that finds better ways to offer better life chances to each and every child in Scotland.” We are committed to addressing the challenges faced by children and young people who experience poor outcomes throughout their lives. To do this, we need services that are child-centred, responsive and joined up. Children and young people deserve services that can intervene more effectively and earlier in their lives and that listen and take full account of their views. Achieving this involves a programme of change that is not limited to any one service, but embraces a change in the culture and practice of all services that affect the lives of children, young people and their families.

5. Underpinning principles a more rapid shift to the early years and early intervention is essential if we are to improve the outcomes for the most vulnerable children and young people; such a shift cannot be restricted to particular services, but must be part of a comprehensive shift in how services can work together to support all children and young people at all stages of their lives; and the heart of our approach is the aim of making real the rights of children and young people.

6. Key sections Embedding the rights of children and young people a proposed duty on Scottish Ministers to promote the UNCRC and a consideration of the UNCRC by public bodies. An extension of the powers of Scotland’s Commissioner for Children and Young People to undertake investigations. Proposed duties on public bodies to work together to design, plan and deliver jointly on their services and policies to improve children and young people’s wellbeing. Proposed shift from ‘welfare’ to ‘wellbeing’ based on the national SHANARRI wellbeing indicators. Improving access to early learning and childcare by increasing flexibility and expanding provision. Increase annual provision for 3 and 4 year olds, as well as for ‘looked after’ 2- year olds. Legislating for Getting it Right for Every Child to create a single system for planning and delivery. All children and young people have access to a named person and a single Child’s Plan is proposed.

7. Looked after children, young people and careleavers The stated aspiration is: ‘We need a care system that provides effective, rapid support for children and young people, centred on their long-term as well as short-term needs and focused on securing healthy, caring permanence. We have a care system that provides different options for children and young people in difficult family circumstances, but the options and the system as a whole, needs to change if it is to do justice to a child’s and young person’s overall wellbeing.’ The proposed legislative changes are: To raise the age of careleavers right to request assistance from 21 to 25 years old To legally define corporate parenting and identify which public bodies it applies to To create a new court order for kinship carers To require all local authorities to match adoptive children through Scotland’s Adoption Register For consultation: To set maximum limits for foster care placements; to require minimum qualifications of foster carers, to explore statutory minimum allowances for foster carers and to introduce a national register for foster carers.

8. Small group discussions Discuss, debate and think of solutions to the proposed questions. Do you agree that care-leavers should be able to request assistance from their local authority up to and including the age of 25 (instead of 21 as now)? Do you agree that it would be helpful to define corporate parenting, and to clarify the public bodies to which this definition applies? If not, why not? We believe that a definition of corporate parenting should refer to the collective responsibility of all public bodies to provide the best possible care and protection for looked-after children and to act in the same way as a birth parent would. Do you agree with this definition? Do you agree that a new order for kinship carers is a helpful additional option to provide children with a long-term, stable care environment without having to become looked after? Can you think of ways to enhance the order, or anything that might prevent it from working effectively?

9. Do you agree that local authorities should be required to match adoptive children and families through Scotland’s Adoption Register? Do you agree with the additional priority (of 600 hours childcare as proposed for 3 and 4 year olds) for 2-year olds who are ‘looked after’? What might need to be delivered differently to meet the needs of those children? Do you agree that fixing maximum limits for fostering placements would result in better care for children in foster care? Why? Do you agree foster carers should be required to attain minimum qualifications in care? Would a foster care register, as described, help improve the matching by a local authority (or foster agency)? Could it be used for other purposes to enhance foster care? Do you think minimum fostering allowances should be determined and set by the Scottish Government? What is the best way to determine what rate to pay foster carers for their role – for example, qualifications of the carer, the type of ‘service’ they provide, the age of child?

10. Thank you for your time and engagement today! It is very much appreciated. Please contact Louise with further comments, relevant research, ideas etc. We will happily share our response to the Consultation Louise.Hill@strath.ac.uk www.celcis.org