Child Protection Guidance 2021

National Guidance for Child Protection in Scotland 2021 Part 1: The context for child protection 35 Version 1.0 September 2021 Children Scotland Act (2020) 1.166 The Children (Scotland) Act 2020  was passed by The Scottish Parliament in August 2020. When implemented it will amend many aspects of the Children and Young People (Scotland) Act 1995, bringing the law further into line with children’s rights under the United Nations Convention on the Rights of the Child (UNCRC); make sure children’s views are heard in family court cases and children’s hearings and the best interests of children are at centre of those cases and give more protection to victims of domestic abuse and their children. Children (Scotland) Act 2020 - Explanatory Notes (legislation.gov.uk). Community Empowerment (Scotland) Act 2015 1.167 Part 2 of the Act replaces community planning provisions in the Local Government in Scotland Act 2003 and provides a statutory basis for Community Planning Partnerships (CPPs). Community Planning is a process that helps public agencies and bodies to work together and with the community to plan and deliver better services that make a real difference to people’s lives. Part 2 came into force on 20 December 2016. 1.168 The purpose of community planning is improvement in the achievement of outcomes resulting from, or contributed to, by the provision of services delivered by or on behalf of the local authority or the persons listed in schedule 1. 1.169 Schedule 1 of the act lists all the bodies considered to be community planning partners of the local authority. It includes the Chief Constable of Police Scotland, NHS Boards, and any integration joint board established by the Public Bodies (Joint Working) (Scotland) Act 2014. 1.170 The CPP must prepare and publish a local outcomes improvement plan (LOIP) which sets out the local outcomes that the CPP will prioritise for improvement. Local Government in Scotland Act 2003 1.171 Part 3 of the Act deals with the power to advance wellbeing. This sits alongside Community Planning and allows a local authority to do anything to promote or improve wellbeing within the authority’s area. Public Bodies (Joint Working) (Scotland) Act 2014 1.172 This Act provides a legislative framework for the integration of health and social care services in Scotland. The Act removed community health partnerships from statute and places a duty on local authorities and NHS Boards to integrate the governance, planning and resourcing of adult social care services, adult primary care and community health services, and some hospital services. A total of 32 health and social care partnerships (HSCPs) have been established, with a jointly agreed integration scheme for each setting out key arrangements for the integration of services. The Act also allows for the integration of other areas of activity, such as children’s health and social care services. Social Work (Scotland) Act 1968 1.173 Although amended many times over the years, this legislation provides the primary mandate for social work intervention in Scotland. It is the legislation that creates the duty under section 12 to promote social welfare. While this has been added to by the Children (Scotland) Act 1995 to specify children in need, the overarching mandate remains that it is the duty of the local authority to ensure that such services are made available across their jurisdiction as could be considered consistent with this duty.