Contents
Part 1 · Children’s care system
Chapter 1 · Support etc. for persons in or with experience of children’s care system
Interpretation
13Interpretation#
(1)In this Chapter—• “kinship care order” has the meaning given by section 72 of the Children and Young People (Scotland) Act 2014,• “looked after” is to be construed in accordance with section 17(6) of the Children (Scotland) Act 1995,• “looked after elsewhere in the UK” means—(a) looked after, by a local authority in England, within the meaning of section 22 of the Children Act 1989,(b) looked after, by a local authority in Wales, within the meaning of section 74 of the Social Services and Well-being (Wales) Act 2014,(c) looked after, by an authority in Northern Ireland, within the meaning of article 25 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755),• “responsible local authority”, in relation to a person, means the local authority (in Scotland) which last looked after the person.
(2)Subsection (3) applies in relation to a person who was, while a child, detained in secure accommodation by virtue of section 51(1)(a), 205(2), 208(1) or, as the case may be, 216(7) of the Criminal Procedure (Scotland) Act 1995.
(3)The person is to be regarded for the purposes of this Chapter as having been looked after, during the person’s detention, by the relevant local authority in relation to the child.
(4)In subsection (3), the “relevant local authority” in relation to the child has the same meaning as in section 201 of the Children’s Hearings (Scotland) Act 2011.
Advocacy services for care-experienced persons
8Advocacy services for care-experienced persons#
(1)The Scottish Ministers must by regulations confer rights of access to independent care experience advocacy services.
(2)“Care experience advocacy services” are services of support and representation provided for the purpose of assisting a care-experienced person—
(a)to access services through which the person may be provided with care or assistance,
(b)to make the person’s views in relation to matters connected with the provision of care or assistance to the person known to persons making decisions in relation to such matters.
(3)It is the duty of the Scottish Ministers to ensure that care experience advocacy services are available to the extent necessary for a right conferred by virtue of subsection (1) to be exercised by each person who has the right.
(4)Regulations under subsection (1) must include provision as to how care-experienced persons are to be made aware of the existence of their rights of access to care experience advocacy services.
(5)The Scottish Ministers must, in complying with subsections (3) and (4), have regard to the desirability of a person who has a right of access to care experience advocacy services in or in relation to a particular circumstance being able to be exercise the right at the earliest appropriate opportunity in relation to that circumstance.
(6)Regulations under subsection (1) must make provision to ensure that the rights of access to care experience advocacy services are conferred on an opt-in basis.
(7)Regulations under subsection (1) may—
(a)specify—
(i)circumstances in or in relation to which,
(ii)particular descriptions of care-experienced persons by whom,
a right conferred by virtue of subsection (1) is (or is not) to be exercisable,
(b)modify subsection (2) by adding, varying or removing purposes for which services of support and representation may be provided,
(c)make further provision in relation to care experience advocacy services.
(8)Provision made by virtue of subsection (7)(c) may, in particular, include provision—
(a)specifying—
(i)standards that care experience advocacy services are to meet,
(ii)qualifications to be held by, and training of, persons providing care experience advocacy services,
(b)as to the establishment and maintenance, for purposes specified in the regulations, of a register of persons who provide care experience advocacy services.
(9)For the avoidance of doubt, the existence of a right of access to care experience advocacy services in or relation to a particular circumstance does not by itself prevent a care-experienced person who has the right being, in or in relation to the circumstance, assisted for the purpose mentioned in subsection (2) by a person other than a provider of care experience advocacy services.
(10)The following persons are care-experienced for the purposes of this section or section 9—
(a)a child who is or has at any time been—
(i)looked after,
(ii)subject to a kinship care order,
(iii)cared for or otherwise supported in such circumstances as may be specified,
(b)a person who was at any time when the person was a child—
(i)looked after,
(ii)subject to a kinship care order,
(iii)cared for or otherwise supported in such circumstances as may be specified.
(11)Before making regulations under this section or section 9, the Scottish Ministers must consult—
(a)care-experienced persons,
(b)persons who may become care-experienced persons by virtue of the regulations to which the consultation relates,
(c)such—
(i)persons who represent the interests of care-experienced persons or persons mentioned in paragraph (b), and
(ii)other persons,
as the Scottish Ministers consider appropriate.
Duties in relation to care experience
10Duties of public authorities etc. in relation to care experience#
(1)The Scottish Ministers must by regulations make provision for the purpose of promoting understanding, by public authorities and other persons exercising functions of a public nature, of—
(a)care-experienced persons, and
(b)the experiences that such persons may have had before and since becoming care-experienced.
(2)Regulations under subsection (1) may in particular provide for requirements in relation to—
(a)identifying and communicating with persons who are or may be care-experienced, including in particular best practice in using language in a way that avoids stigmatising care experience,
(b)ensuring that the experiences and needs of persons who are or may be care-experienced are identified and taken account of in the planning and provision of public services,
(c)facilitating access by persons who are or may be care-experienced to public services,
(d)appropriately respecting the rights of persons who are or may be care-experienced, and
(e)interacting with persons who are or may be care-experienced in a way that—
(i)takes account of the effects of trauma which the person may have experienced, and
(ii)seeks to avoid, or minimise the risk of, exposing the person to further trauma or any recurrence of past trauma.
(3)A public authority must—
(a)comply with regulations made under subsection (1) when exercising the public authority’s functions in relation to persons who are or may be care-experienced,
(b)where it exercises functions by entering into arrangements (contractual or otherwise) under which functions of a public nature will be exercised by a person other than a public authority, ensure that the arrangements require the person to comply with regulations made under subsection (1) when exercising those functions in relation to persons who are or may be care-experienced.
(4)A public authority must take such steps as it considers appropriate to make persons in relation to whom the authority exercises functions aware of regulations made under subsection (1).
(5)But a public authority exercising functions which relate to a particular description of care-experienced person specified in an enactment need comply with subsections (3) and (4) only to the extent that the public authority considers doing so is consistent with the proper exercise of those functions.
(6)The following persons are care-experienced for the purposes of this section—
(a)a child who is or has at any time been—
(i)looked after,
(ii)subject to a kinship care order,
(iii)cared for or otherwise supported in such circumstances as are specified in the regulations,
(b)a person who was at any time when the person was a child—
(i)looked after,
(ii)subject to a kinship care order,
(iii)cared for or otherwise supported in such circumstances as are specified in the regulations.
(7)In this section—• “function” means, in relation a public authority, a function that it is within the legislative competence of the Scottish Parliament to confer on the authority,• “public authority” means a person who is—(a) a part of the Scottish Administration, or(b) a Scottish public authority with mixed functions or no reserved functions (within the meaning of the Scotland Act 1998).
11Regulations under section 10: further provision#
(1)Before making regulations under section 10(1), the Scottish Ministers must consult—
(a)persons who are care-experienced persons for the purposes of section 10,
(b)persons who may become such persons by virtue of the regulations to which the consultation relates,
(c)such—
(i)persons who represent the interests of persons mentioned in paragraphs (a) and (b), and
(ii)other persons,
as the Scottish Ministers consider appropriate.
(2)The Scottish Ministers must take such steps as they consider appropriate to publicise the regulations.
(3)Regulations made under section 10(1) may make different provision in relation to different persons or for different purposes.
Review of permanence
12Review of permanence#
(1)The Scottish Ministers must, no later than 2 years after this section comes into force, undertake a review of the impact of delays to decisions relating to the permanent home of children, including the impact on young children and infants.
(2)The review must include—
(a)consideration of existing research on permanence from Scotland and the rest of the United Kingdom, and
(b)consultation with relevant experts on permanence.
(3)The Scottish Ministers must prepare and publish a report on the review as soon as reasonably practicable after completing the review.
Chapter 2 · Support etc. for persons in or with experience of children’s care system: modification of enactments
Family group decision-making
16Guidance on family group decision-making services#
(1)The Children and Young People (Scotland) Act 2014 is amended as follows.
(2)After section 69B, insert—“69C 1 The Scottish Ministers must issue guidance on family group decision-making services in Scotland.2 A local authority must, when securing the provision of family group decision-making services in its area, have regard to any guidance published under this section.3 Guidance under this section must—a set out—i the purpose of family group decision-making,ii the principles that underpin it,iii the expectations for how it is to be applied in practice,b include information on—i the factors that a local authority should, whether or not a request for family group decision-making services has been made, consider in determining whether to offer family group decision-making services (such as, where appropriate, the views of the child),ii how family group decision-making services may interact and be used in conjunction with other services provided in respect of children and families, as part of taking a holistic approach to the provision of support,iii how family group decision-making services support early intervention, family participation in decision-making, and the fulfilment of children’s rights,iv any measures that the Scottish Ministers consider should be taken to support the availability and quality of family group decision-making services.4 Before issuing or revising guidance, the Scottish Ministers must consult—a each local authority,b other providers of family group decision-making services,c the Principal Reporter,d the National Convener of Children’s Hearings Scotland, ande such other persons as they consider appropriate.”
Kinship care assistance
18Guidance in relation to kinship care assistance functions#
(1)The Children and Young People (Scotland) Act 2014 is amended as follows.
(2)After section 73, insert—“73A 1 A local authority must have regard to any guidance issued by the Scottish Ministers about—a the discharge of functions conferred on it by this Part,b matters arising in connection with the discharge of those functions.2 Before issuing or revising any such guidance, the Scottish Ministers must consult—a any person to which it relates, andb such other persons as they consider appropriate.3 As soon as practicable after issuing any guidance under this section (including a revised version), the Scottish Ministers must lay a copy before the Scottish Parliament.”
Chapter 3 · Provision of children’s care services
Allowances and other payments
36Allowances and other payments#
(1)The Adoption and Children (Scotland) Act 2007 is amended as follows.
(2)In section 110 (allowances for care of certain children: regulations)—
(a)in subsection (1)—
(i)the words from “payments” to the end of the subsection become paragraph (a),
(ii)after that paragraph insert—“b other payments by a local authority to foster carers.”
(b)in subsection (3), after paragraph (e) insert—“f requiring local authorities to publish the rates paid by them, broken down into allowances, fees and any other payments, in such manner and at such times as may be specified.”
(c)after subsection (6) insert—“7 In this section, “foster carer” means a person approved as suitable to be a foster carer in accordance with the Looked After Children (Scotland) Regulations 2009 (S.S.I. 2009/210).”
(3)The section title of section 110 becomes “Allowances and other payments for care of certain children: regulations”.
(4)The italic heading immediately before section 110 becomes “Care allowances and other payments: regulations”.
Report on deaths of care-experienced persons
39Report on deaths of care-experienced persons#
(1)The Scottish Ministers must, as soon as reasonably practicable after the end of each reporting period—
(a)prepare a report on any deaths mentioned in subsection (2) which are notified to them during the reporting period,
(b)make the report publicly available, and
(c)lay a copy of the report before the Scottish Parliament.
(2)The deaths referred to in subsection (1)(a) are those—
(a)of children who were being looked after by a local authority at the time of their death and which are notified to the Scottish Ministers by a local authority,
(b)which are notified to the Scottish Ministers by a local authority under—
(i)section 26A(10) of the Children (Scotland) Act 1995,
(ii)section 4(4) of this Act.
(3)A report under subsection (1) may include, for example, information about—
(a)the number of deaths,
(b)the age ranges within which those individuals fell at the time of their deaths,
(c)where known, the causes of death,
(d)the types of review (if any) which have been undertaken or are underway in respect of the deaths.
(4)A person mentioned in subsection (5) must comply with any written direction issued by the Scottish Ministers requiring the person to provide such information as is specified by Ministers in the direction (being information which they consider that they require in connection with the production of a report under subsection (1)).
(5)The persons referred to in subsection (4) are—
(a)Social Care and Social Work Improvement Scotland,
(b)a local authority,
(c)any other person.
(6)In this section, “reporting period” means—
(a)the period of 1 year beginning with the day of Royal Assent,
(b)each subsequent period of 1 year.
Requirements on certain care providers
Part 2 · Children’s services planning
60Lead children’s services planning bodies#
(1)The Children and Young People (Scotland) Act 2014 is amended by subsections (2) to (12).
(2)In section 7 (introductory provision for Part 3 (children’s services planning))—
(a)in subsection (1)—
(i)at the appropriate places in alphabetical order insert—“• “lead children’s services planning bodies” means, in relation to the area of a local authority—(a) where there is a relevant integration joint board—(a) the local authority,(b) the relevant health board, and(c) the relevant integration joint board,(b) where there is no relevant integration joint board—(a) the local authority, and(b) the relevant health board,”“• “relevant integration joint board” means—(a) if the area of the local authority is the same as that of an integration joint board, that integration joint board,(b) if the area of the local authority falls within the area of an integration joint board but is not the same as the integration joint board area, the integration joint board area within whose area the area of the local authority falls.”
(ii)in the definition of “other service provider”, paragraph (f) is repealed,
(d)in subsection (6), for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to the area of a local authority”.
(3)In section 8 (requirement to prepare children’s services plan), in subsection (1)—
(a)for “A local authority and the relevant health board” substitute “The lead children’s services planning bodies in relation to the area of a local authority”,
(b)the words “of the local authority” are repealed.
(4)In section 10 (children’s services plan: process)—
(a)in subsection (1)—
(i)in the opening words, for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to the area of a local authority”,
(ii)in paragraph (b)(ii), the words “of the local authority” are repealed,
(b)in subsection (2)—
(i)in paragraph (a), the words “of the local authority” are repealed,
(ii)in paragraph (b), after “the relevant health board,” insert “any relevant integration joint board,”,
(c)in subsection (6), for “local authority and the relevant health board” substitute “lead children’s services planning bodies in relation to the area”,
(d)in subsection (7)—
(i)in the opening words, for “local authority and the relevant health board” substitute “lead children’s services planning bodies in relation to the area”,
(ii)in paragraph (b), for “local authority and the relevant health board” substitute “bodies”.
(5)In section 11 (children’s services plan: review), in subsection (1)—
(a)in the opening words, for “A local authority and the relevant health board” substitute “The lead children’s services planning bodies in relation to the area of a local authority”,
(b)in paragraph (a), the words “of the local authority” are repealed.
(6)In section 12 (implementation of children’s services plan), in subsection (2), after paragraph (b) insert—“ba any relevant integration joint board,”
(7)In section 13 (reporting on children’s services plan), in subsection (1)—
(a)in the opening words, for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to the area of a local authority”,
(b)in paragraph (a), the words “of the local authority” are repealed.
(8)In section 14 (assistance in relation to children’s services planning), in subsection (1), for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to the area of a local authority”.
(9)In section 15 (guidance in relation to children’s services planning), in subsection (2), for paragraph (a) substitute—“a the lead children’s services planning bodies in relation to a local authority area,”
(10)In section 16 (directions in relation to children’s services planning), in subsection (2), for paragraph (a) substitute—“a the lead children’s services planning bodies in relation to a local authority area,”
(11)In section 17 (children’s services planning: default powers of Scottish Ministers)—
(a)in subsection (1), in the opening words, for “a local authority and the relevant health board” substitute “the lead children’s services planning bodies in relation to a local authority area”,
(b)in subsection (3)—
(ii)in paragraph (c), for “or health board” substitute “, health board or integration joint board”,
(c)in subsection (5), in paragraph (a), for “local authority and relevant health board” substitute “lead children’s services planning bodies”.
(12)In section 18 (interpretation of Part 3), at the appropriate place in alphabetical order insert—“• “integration joint board” means an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,”
(13)The Public Services Reform (Scotland) Act 2010 is amended by subsection (14).
(14)In section 59A (further provision in relation to registration of certain care services)—
(a)in subsection (2)(b), for the words from “the persons” to the end substitute “the lead children’s services planning bodies in relation to each local authority area in which the service is to be provided.”,
(b)subsection (3) is repealed,
(c)after subsection (4), insert—“5 In subsection (2)(b), “lead children’s services planning bodies”, in relation to a local authority area, has the meaning given by section 7(1) of the Children and Young People (Scotland) Act 2014.”
63Reporting on children’s services plans#
(1)The Children and Young People (Scotland) Act 2014 is amended as follows.
(2)In section 13 (reporting on children’s services plan)—
(a)after subsection (1) insert—“1A The Scottish Ministers may by regulations prescribe other matters to be included in the report.”
(b)after subsection (2) insert—“3 Before making regulations under subsection (1A), the Scottish Ministers must consult—a lead children’s services planning bodies,b such other persons as they consider appropriate.”
Part 3 · Reports and reviews
64Report on family group decision-making services#
(1)Before the end of the period of 3 years beginning with the day of Royal Assent, the Scottish Ministers must—
(a)prepare a report summarising the information provided to them by local authorities under subsection (4),
(b)make the report publicly available,
(c)lay a copy of the report before the Scottish Parliament.
(2)It is otherwise for the Scottish Ministers to determine the form and content of the report and, in particular, the report may be part of another document.
(3)In preparing the report, the Scottish Ministers must consult—
(a)each local authority,
(b)other providers of family group decision-making services,
(c)the Principal Reporter,
(d)the National Convener of Children’s Hearings Scotland, and
(e)such other persons as the Scottish Ministers consider appropriate.
(4)Before the end of the period of 2 years beginning with the day of Royal Assent, each local authority must provide the Scottish Ministers with information about the operation of family group decision-making services in its area, including—
(a)the arrangements the local authority has in place for making family group decision-making services available,
(b)the ways in which family group decision-making services are promoted by the local authority,
(c)in the period of 18 months beginning with the day of Royal Assent—
(i)the number of children in respect of whom the use of a family group decision-making service was considered by the authority,
(ii)the number of children in respect of whom a decision was made by the authority to use a family group decision-making service,
(iii)the number of children in respect of whom a family group decision-making service was provided by the authority,
(d)the steps taken to ensure, where appropriate, the participation of the child in family group decision-making services.
(5)The information required under subsection (4) may be provided to the Scottish Ministers as part of a wider report.
(6)In this section, “family group decision-making service” has the same meaning as in Part 12 of the Children and Young People (Scotland) Act 2014.
65Review of the Act#
(1)The Scottish Ministers must, before the deadline, carry out a review of the implementation of this Act.
(2)The deadline, for the purpose of subsection (1), is the day falling 2 years after Royal Assent.
(3)As soon as reasonably practicable after concluding the review, the Scottish Ministers must—
(a)prepare a report on the review,
(b)make the report publicly available, and
(c)lay a copy of the report before the Scottish Parliament.
(4)The report may contain any other information that the Scottish Ministers consider appropriate.
66Report on fulfilment of the Promise#
(1)The Scottish Ministers must, before the deadline, produce a report on the extent to which the recommendations set out in the Promise have been implemented.
(2)The deadline, for the purpose of subsection (1), is 30 June 2031.
(3)The report may contain any other information that the Scottish Ministers consider appropriate.
(4)In this section, “the Promise” means the report published on 5 February 2020 on behalf of the Independent Care Review established by the Scottish Ministers in October 2016.
Part 4 · Final provisions
67Ancillary provision#
(1)The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.
(2)Regulations under subsection (1) may modify any enactment (including this Act).
68Regulation-making powers#
(1)A power to make regulations conferred by this Act includes the power to make different provision for different purposes.
(2)Regulations under section 1(7), (10) or (11), 8, 9, 30(2)(e) and (f) and (3), 31(1), 32(2), 34(1) and 59 are subject to the affirmative procedure.
(3)Regulations under the following provisions are subject to the negative procedure—
(a)section 2(2),
(b)section 3(2),
(c)section 4(2).
(4)Regulations under section 67—
(a)are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act, but
(b)otherwise are subject to the negative procedure.
70Commencement#
(1)The following provisions come into force on the day after Royal Assent: this section and sections 67, 68 and 71.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)The Scottish Ministers may by regulations amend a provision of this Act that refers to the day on which a section comes into force so that it specifies the date on which the section actually came into force.
(4)Regulations under this section may include transitional, transitory or saving provision.
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