Children’s Services Bill Aspirations and Options Robin McKendrick Head of Getting it Right Team

Aspirations for Children’s Services Effective early years support Prevention and early intervention Supporting parents effectively Delivering child centred support and services Recognising the rights of children and young people How can legislation help deliver these aspirations?

“SYSTEMS” Management IT Finance HR CPP Forms “RULES” Legislation Codes & Guidance ECHR / UNCRC DPA & FoI Profession Contracts SOAs “PEOPLE” Culture Behaviour Practice Motivation Reputation Architecture Business process Instructions Where is the problem? What can legislation do?

Constraints on legislation Policy Devolution Boundary Legislation Sc & UK Parliaments European and international law Drafting practice and constraints Courts Case law, litigation

Purposes of legislation To create new law –A new policy for which no legislation exists To amend existing law –Existing provision is somehow inadequate –Existing provision is ambiguous or unclear –Case law (court judgements) To repeal existing law –It has become a barrier to policy delivery

Core of legislation Duty –Requirements (must) –Prohibitions (must not) –… which may equate to entitlements or protections for any “recipient”. Power –Discretion to act (may) –Discretion not to act (need not) –… which may equate to privileges or dispensations for any “recipient”.

Possible legislative options Embed the Early Years Framework, with a strong focus on appropriate early intervention Build upon the Getting it right approach to ensure that services are delivered in a child-centred way Review and update the Children (Scotland) Act 1995 Support a stronger focus on achieving outcomes and improving life chances Remove barriers to child-centred service delivery

Early Years Framework Duty to ensure: Early learning and childcare Play opportunities Parenting and family support A workforce with appropriate skills

Getting it right for every child Duties around core components –Single planning process? –Named person? –Others? Duties around the Practice model –Obtaining the views of children and young people? –Advocacy? Reporting on outcomes

Updating 95 Children Act Definition of parental rights and responsibilities? Revisit the parenting strategies as laid down by Anti Social Behaviour legislation? Specific duties re particular groups of children? Should duties be defined in terms of children's welfare or their wellbeing?

Achieving Outcomes Adopt wellbeing indicators into legislation? Impact assessment of services on outcomes for children? Reporting of outcomes?

Making Good Legislation Needs to be clear and specific Balancing benefits with burdens Not about –setting out “high level principles” –emphasising or restating existing law which is perfectly adequate –Dealing with compliance issues