Presentation on theme: "Children and Young People (Scotland) Act 2014/ Getting it right for every child Information Sharing www.scotland.gov.uk/gettingitright."— Presentation transcript:
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 2014It is legislation now – just not enforced yetEarly Learning and Child Care - provisions commenced 1st August 2014Phased commencement of Act provisions & duties to allow for the development of capacity and capability to meet duties e.g. additional Health VisitorsGIRFEC provisions and duties expected to commence in August 2016Requires 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 sharingStatutory 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 – SHANARRISafe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, IncludedDuty 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 WellbeingDuty 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 requirementsProvision in the Act to permit information sharing where there is a duty of confidentialityProvision 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 services3
4 Contacting other services Named personChild/Young Person/NamedPromoteSupportSafeguardAdvisingInformingSupportingHelpingRequests for helpSystemsProcessesProceduresPersonNamed Person ServiceInformation SharingInformationProtocolsInfrastructurePeopleAdviceSharingContacting other servicesHelpPolicies
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 Personpromote, support and safeguard wellbeing of specific childand ought to be sharedwhere 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 requiredsharing outweighs any likely adverse effect on child's wellbeing –note no requirement to consider effect on parent or otherit does not prejudice criminal investigation or prosecutionMost generally when Child starts primary schoolBut also when child moves to another areaSeparate 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 Personpromote, support and safeguard wellbeing of specific childand ought to be sharedwhere 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 requiredsharing outweighs any likely adverse effect on child's wellbeing –note no requirement to consider effect on parent or otherit does not prejudice criminal investigation or prosecutionInformation 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 applyIf 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 confidentialityThe 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 reachingHealth 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 CouncilAny 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 addressedWellbeing not welfare – thresholds?The issue/ concern may not directly relate to your service/ treatment/ interventionNeed for local policy, guidance, systems and processes to support information sharingDuty of confidentiality is not a blockage to sharing
10 Children and Young People (Scotland) Act 2014 Part 5There will be one statutory Child’s Plan which will be used in all circumstances including CP, LAC , EEI, CSP and those in Young Offenders institutionsThere will be a plan for all children who have needs only capable of being met by a targeted interventionThere will be a minimum data set for the Child’s PlanThe 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 PlanA child has a wellbeing need if the child’s wellbeing is being, or is at risk of being, adversely affected by any matterA “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 SmallInformation Sharing and Technological Solutions LeadGetting it right for every child and young personChildren's Rights and WellbeingScottish GovernmentVictoria QuayEdinburghEQ6 6QQ