Scotland's Children

A Brief Guide to The Children (Scotland) Act 1995

3. Services and Support for Children

Chapter 1 of Part II deals with the promotion of children's welfare.

WELFARE DUTIES

Local authorities have a duty to safeguard and promote the welfare of children who are in need by providing a range and level of services appropriate to their needs.

The Act defines "need" broadly. A child is in need of care and attention if

• he or she is unlikely' to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development unless services are provided for him by a local authority
• his or her health or development is likely significantly to be impaired, or further impaired, unless such services are so provided
• he or she is disabled, or affected adversely by the disability of a member of the family

To ensure that services are tailored to meet the particular needs of children in their area, local authorities are now required, in consultation with other relevant agencies, to prepare and publish plans for the provision and development of services for children. They also have a duty to publish information about children's services which they make available.

Children with, or affected by, disabilities are specifically provided for in the Act. Local authorities are obliged to provide services designed to give such children the opportunity to lead lives which are as normal as possible, and will assess the needs of individual children when requested to do so by' a child's parent.

SUPPORT FOR CHILDREN LIVING AWAY FROM HOME

For some children, it will not be possible to provide for their needs while they remain at home, for example children who have been orphaned, abandoned or whose parents are prevented, for whatever reason, from meeting their child's care needs.

The Act places on local authorities an obligation to assist children in such situations and introduces new powers enabling local authorities to accommodate children in a wider range of circumstances. Young people aged 16 and over will be able to request such assistance in their own right, with local authorities being empowered to provide such help until the young person reaches the age of 21.

To give greater clarity about the ways in which local authorities provide services for children and their families, new terminology' is also introduced.

Local authorities Look after children who are

• accommodated by them under section 25
• subject to supervision requirements
• subject to an order, warrant or authorisation under which the local authority has responsibilities for the child

This terminology reflects a partnership with parents in meeting the child's needs. The emphasis is on the needs of the child, rather than rights over the child.

where a child is looked after by a local authority, the local authority shall

• safeguard and promote the child's welfare
• promote personal relations between the child and any person with parental responsibilities for the child.

AFTERCARE

While a child is being looked after by a local authority, it will be obliged to prepare the child for the time when he or she either returns home or goes on to live independently. When a young person ceases to be looked after by a local authority at the time of leaving school, services will be available during this difficult transitional period.

The transition to living independently can be particularly unsettling for young people, and the Act strengthens existing provisions under which local authorities can assist them. It extends the duty to assist them up to and including the age of 18 and also confers a power to assist these young people up to the age of 2l (and even beyond that age in order to complete a course of education).

SHORT-TERM REFUGES

An important new provision allows short-term refuges in residential homes or in the community to be set up for children at risk of harm who run away from home or their carers. These will provide such vulnerable young people with a safe place to stay for a limited period of time, so that they can take stock of the situation and get help and advice so that decisions can be made on what to do next. These refuges are to be specially designated and will require to have staff with strong inter-personal and counselling skills.

RESIDENTIAL SCHOOLS

A duty is introduced on education authorities and other school managers to safeguard and promote the welfare of children in residential accommodation. The powers of inspection are extended to include the welfare of residential pupils.

CHILDREN IN HOSPITALS AND NURSING HOMES

Where a child who is accommodated in a health establishment has had or is likely to have no parental contact for 3 months or more, this has to be notified to the local authority which then has to consider whether the child's welfare needs are being adequately met.