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3 - Consultation to date
Implementation plan
3.1 In June 2006 the Scottish Executive published its implementation plan for Getting it right for every child. This set out our approach to reforms in practice change, to removing barriers which stop professionals working effectively and to developing legislation to support these reforms.
3.2 The implementation plan was the latest stage in a long line of developments which have led to this draft Bill.
For Scotland's children
3.3 For Scotland's children (Scottish Executive, 2001) found that agencies did not work together to help children. Children and their families had to negotiate their own way around and between agencies. Agency resources were not aligned according to need or around a child. It recommended greater joining up between agencies at all levels.
It's everyone's job to make sure I'm alright
3.4 The audit and review of child protection was published in 2002. The report, It's everyone's job to make sure I'm alright, noted that children did not get the help they needed when they needed it. Children's experience of agency intervention was generally poor and actions were often worse than if no action had been taken. It found that the Hearings system could not make decisions quickly and effectively and that the referral to the Hearing was being used as a means of rationing help. The report further highlighted the need for integrated responses to children who require protection. In particular, the report recommended that agencies referring to the Reporter should indicate what action they or their agency has undertaken to achieve change through consent and why compulsory measures are necessary.
Review of the Children's Hearings system
3.5 In May 2003 Scottish Ministers set out a Partnership Agreement commitment to:
"Review the Children's Hearing's system to develop and improve the current service. Scotland has led the world in developing a system which puts the child at its centre, involves local people in deciding what is the right thing to do and focuses on the care and welfare of young people. We will hold on to those fundamental principles. It is now, however, time to review the system to ensure that it has the right set up and adequate resources to ensure that it does the best possible job to protect children."
3.6 In April 2004 the Scottish Executive published their consultation on the review of the Children's Hearings system - Getting it right for every child. The Scottish Executive also organised a number of events, including a specific event for young people in order to get their views about the Children's Hearings system. This event was attended by over 50 young people from across Scotland.
3.7 A full analysis of the consultation was published in October 2004. 732 completed responses had been received. 541 of these responses came from individuals, representing 75% of the total responses received. Responses to this consultation raised fundamental questions, not only about the Children's Hearings system, but also about the services and systems around the Hearings system.
3.8 Phase 1 of the consultation found high levels of support for the Children's Hearings system. It also highlighted the need for additional resources for the system and for children's services; the need to remove institutional, procedural and cultural barriers to joint working; the need for more effective arrangements to support, train, recruit and retain Panel members; support for parents and families while remaining fixed on the best interests of the child; and the need for some procedural change in Children's Hearings.
The Scottish Executive
3.9 The Scottish Executive decided to develop a wide-ranging programme of reform across a number of agencies and Scottish Executive departments in order to deliver the necessary improvements which had been signalled. The Getting it right for every child programme is an integrated programme of action and legislation to reform children's services.
Proposals for action
3.10 In June 2005 the Scottish Executive published Getting it right for every child - Proposals for action. This asked for views on a wide number of reforms to improve children's services and the Children's Hearings system. 605 completed responses received. 68% of these responses came from individuals and 32% were from organisations. In addition, a total of 41 children and young people participated in a series of events organised by Children in Scotland.
3.11 A full analysis and summary analysis of this consultation were published on 22 June 2006. There was widespread support for the proposed changes to children's services. The responses are discussed more fully in Chapter 4.
Children and young people
3.12 The Scottish Executive commissioned research from Children in Scotland seeking children and young people's views on the Proposals for action (Scottish Executive 2006). This found support for the Executive's vision of a work force working together for children and young people. It also suggested that there need to be a number of options in services, that children and young people need new structures to be able to say what they think, and that procedures may need to change within Children's Hearings to encourage greater participation. It was also clear that children wanted support from someone they know and can trust.
Research on advocacy in the Children's Hearings system
3.13 The Scottish Executive commissioned Big words and big tables - children and young people's experiences of advocacy support and participation in the Children's Hearings system (Scottish Executive 2006). This proposed a common advocacy standard for children and young people and a personal advocacy plan. It also suggested review of the advice and information needs of agencies, parents and young people.
Scottish Executive policies
3.14 In the future, services for children in Scotland should no longer be dictated by professional, agency or organisational boundaries or categorisation of children designed to ration support. Instead the future of children's services will be centred around the child and their family with professionals empowered to act to ensure every child gets the help it needs when it needs it.
3.15 Progress is being made in reforming child protection services and improving the quality and integration of wider children's services through new planning, quality improvement and inspection arrangements. This includes child protection, additional support for learning, universal health services, Hall 4 (Health for All), youth justice improvements, police reforms and Changing Lives (report of the 21st century social work review).
3.16 The following policies and documents are broadly aligned with the approach set out in Getting it right for every child.
- Guidance Note for Planners Children and Young People experiencing Domestic Abuse
- Protecting Children and Young People: Framework for Standards (Scottish Executive 2001) and Protecting Children and Young People: the Charter
- How Well are Children Protected and their Needs Met? Self Evaluation Using Quality Indicators ( HMIE 2005)
- A Guide to Evaluating Services for Children and Young People using Quality Indicators ( HMIE 2006)
- Supporting Children's Learning - Code of Practice (2005)
- Delivering for Health (2005)
- Birth to Three: Supporting our Youngest Children (2005) - Learning and Teaching Scotland
- Health for all 4 - guidance on implementation in Scotland (2005)
- Action framework for children and young people's health in Scotland
- Emergency care framework for children and young people in Scotland
- Children and young people's mental health - a framework for promotion, prevention and care
- An action plan for improving oral health and modernising NHS dental services in Scotland
- Hidden Harm (2004)
- Community Health Partnerships - Statutory Guidelines (2004)
- Improving Health in Scotland: The challenge
- Supporting Child Witnesses Guidance Pack
- Guidance for Integrated Children's Services Plans 2005-08 (2004)
- Quality Improvement Framework for Integrated Children's Services (2006)
- The Executive's commitment to the UN Convention on the Rights of the Child and to supporting and protecting the rights of children.
- Curriculum for Excellence
- Changing lives: The report of the 21st Century social work review (2006)
- Guidance on the Scottish Schools (Parental Involvement) Act and the Parents as partners in their children's learning toolkit (both 2006)
- Community Justice Authorities
- The reducing reoffending agenda for adult offenders
- Joint Future
3.17 All of the above reports, documents and policy statements set the context for the Getting it right for every child programme, the principle aim of which is to improve on the response by everyone including the police, local authority, health, the voluntary sector, the Scottish Courts Service, the Crown Office and Procurator Fiscal Service and the Children's Reporter to children. The ultimate aim is to ensure that each child gets the help they need when they need it.
Other Scottish Executive legislation
3.18 A wide range of Scottish Executive legislation supports and interacts with children's services. Some of the most notable pieces of legislation are set out below.
3.19 The Children (Scotland) Act 1995 is a fundamentally important piece of legislation for children's services. A large part of the draft Bill proposes amendment to this Act. These amendments are discussed in much more detail later in this consultation document.
3.20 The Vulnerable Witnesses (Scotland) Act 2004 contains provisions to protect child witnesses and make it easier for them to give the best evidence they can in all criminal proceedings in the High Court and Sheriff Courts, court proceedings relating to Children's Hearings procedures and in all other civil proceedings. Implementation of this Act is being phased in over a period of three years.
3.21 The Education (Additional Support for Learning) Act 2004 sets out how children with additional support needs should be provided for by local authorities, supported, as necessary, by appropriate agencies, namely, Health Boards, Careers Scotland, other local authorities, Further Education Colleagues and Higher Education Institutions. This approach is very much in line with our expectations for all children set out in Getting it right for every child that agencies need to work together to meet individual children's needs and to plan for action.
3.22 The Protection for Vulnerable Groups Bill is currently undergoing parliamentary scrutiny in the Scottish Parliament. The rules on sharing information in that Bill are of relevance to Getting it right for every child.
3.23 The Joint Inspection of Children's Services and Inspection of Social Work Services (Scotland) Act 2006 sets out the legal basis for the inspection of children's services.
3.24 The Scottish Schools (Parental Involvement) Act 2006 modernises the framework for involving parents in their children's education and learning. The definition of 'parent' in the Act includes the role of the education authority as corporate parent in respect of looked-after children.
3.25 The Adoption and Children Bill has just been passed by the Scottish Parliament and is currently awaiting Royal Assent. It has a number of read-across issues to the Children's Hearings system.
3.26 The NHS Reform (Scotland) Act 2004 gave effect to the proposals in the White Paper Partnership for care. The White Paper outlined the direction of travel for the health service in Scotland, with a strong emphasis on partnership, integration and service re-design. It introduced, among other areas, provision by which NHS Trusts were dissolved and Community Health Partnerships, established as committees or sub committees of the statutorily accountable NHS Boards, thus organising the delivery of health care into single systems led by NHS Boards.
3.27 The Management of Offenders etc (Scotland) Act 2005 is aimed to improve the integrated management of offenders with the aim of reducing reoffending. There are clear links from this Act to the reforms of Children's Hearings for young offenders.
Other legislation
3.28 In addition, other UK legislation is also relevant. This includes equality legislation on race, disability, religion and belief, gender, sexual orientation and most recently on age. It also includes relevant Human Rights legislation.
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