Briefings

Celebrating UNCRC being voted into Scots law

Yesterday, 16 March 2021, Scottish Parliament voted to make sure that the UNCRC will become part of Scots law. This is a fantastic achievement, and reflects the hard work, commitment and passion of a great many people who’ve worked to get us to this day.

To make the impact of that law become real and meaningful to children and young people, Social Work Scotland will need to work alongside many partners, professionals and children and families. Transformation won’t happen on its own – the practicalities need to be understood, and the way we work will need support, resource and time to change.

We also know that through the Promise and the independent review of adult social care, there’s a chance to look at how social work’s unique role in supporting rights can become stronger in Scotland, and provide a better coordinated structure of support and safety when it’s needed.

We look forward to it.

Joint statement: Early and effective intervention (EEI)

Download a copy of this statement (Word)

30 June 2020

Early and Effective Intervention (EEI) during the COVID-19 pandemic: a joint statement from Police Scotland, Social Work Scotland and the Scottish Government

There are times when concerning or harmful behaviour of children and young people may bring them into conflict with the law. EEI is an opportunity, where appropriate, to divert them from formal systems such as the Children’s Hearing System or report to Procurator Fiscal. EEI allows for a proportionate and appropriate response to address any identified needs and concerns.  We recognise that the restrictions imposed for COVID-19 are especially challenging for them, and this statement is intended to set out how we, as responsible partners, are approaching the principles of EEI.

EEI decision making should:

• apply the principle of minimum intervention;
• be prompt and proportionate;
• actively seek and include the child’s views;
• involve a holistic understanding of the child’s needs and circumstances;
• include the views of parents or carers of children under 16, and those aged 16 and 17 years subject to compulsory measures of supervision through the children’s hearing system;
• be co-ordinated, when multi-agency assessment and response is indicated.

Where a child has a ‘lead professional’ they must be consulted regarding the initial decision making and where any intervention is identified.  During COVID-19 restrictions initial gathering of information may be primarily by phone, or through the use of technology, when this is appropriate and secure.

Local protocols will determine local processes. Current guidance states that EEI referrals should, where possible, be progressed within 15 working days, and children and their families should be notified within 5 working days of the decision. However, if it is not possible for all the necessary information to be sourced within 15 working days, then reasons for this will be recorded, and decisions taken as soon as reasonably practicable.

Effective communication between Police Scotland concern hubs and the EEI coordinator is essential.

EEI referrals may be dealt with by a range of disposals:

• Police direct measures;
• No further action – for a number of reasons it may be appropriate to take no further formal action;
• Current measures in place are appropriate as identified issues and concerns are already being addressed, no further formal action required;
• Single agency referral – third sector partners, social work, education, health, fire & rescue are only some examples and as appropriate could undertake specific intervention or support such as Restorative Justice or substance misuse work;
• Referral to Scottish Children’s Reporter Administration (SCRA) – although this should not be an alternative to offering support through EEI if appropriate and timely, but an option where compulsory measures of care may be considered necessary.

Where an offer of intervention and support has been identified, opportunities to deliver this or the format may be limited during this phase of the pandemic. Local authorities will have contingency plans to maintain essential service provision.

The option to give formal warnings should be maximised by Police Scotland in local areas, as appropriate. If there is a delay in implementation of a disposal that requires face to face contact, then the reasons for the delay must be recorded. The situation should be reviewed on a three-weekly basis.

Meaningful communication with the child, family and/or carer should ensure a shared understanding of: the reasons for decisions; allow for updates if there is any delay in intervention; and ensure a collaborative purpose and approach.

Under Coronavirus (Scotland) (No.2) Act, Fixed Penalty Notices (FPN) for not complying with restrictions related to COVID-19 can no longer be issued to anyone aged under 18. Previous provisions allowed issue to 16 and 17 year olds.

Full consideration must be given to alternative courses of action and as a last resort, where 16 and 17 year olds are charged with a Coronavirus offence, the most appropriate disposal should be a Recorded Police Warning.

Where a 16 or 17 year old, and indeed any other child, is found in circumstances which amount to a breach of the Coronavirus regulations, and where there are concerns for their safety or wellbeing, then a Police Concern Form must be submitted to ensure full consideration is given to the circumstances.

Child protection concerns should be progressed as usual, applying local protocols, which will take account of Scottish Government supplementary guidance on child protection during the COVID-19 pandemic.

SDS Frequently Asked Questions

Frequently Asked Questions to accompany Scottish Government and COSLA Guidance on Self-directed Support Option 1 and Option 2 during the Coronavirus pandemic

• FAQs-Scottish-Government-and-COSLA-Guidance-on-Self-directed-Support-Option-1-and-2 (updated 31 July 2020) (PDF)
• FAQs-Scottish-Government-and-COSLA-Guidance-on-Self-directed-Support-Option-1-and-2 (updated 31 July 2020) (Word doc)
• Easy Read – Frequently Asked Questions to accompany Scottish Government and COSLA Guidance on Self-directed Support Option 1 and Option 2 during the Coronavirus pandemic (June 2020) (Word doc)
• Easy Read – Scottish Government & COSLA Guidance Summary (June 2020) (PDF)
• Template Contingency Plan for My Care during the COVID-19 pandemic (click to download) (Word doc)

These Frequently Asked Questions accompany National Guidance that has been developed jointly by the Scottish Government, the Convention of Scottish Local Authorities (COSLA) and Social Work Scotland in response to issues raised early on in the pandemic.  They address issues voiced by people who use social care support, employers of personal assistants, personal assistants, independent advice and support organisations, providers of services and Local Authorities.

If there is a question you would like answered that is not yet included in the FAQs, please contact us: sds.team@socialworkscotland.org.

• These FAQs are for Employers of Personal Assistants (PAs), Personal Assistants employed by people using a Direct Payment and for organisations who provide independent advice and support to employers.
• These FAQs are relevant for the duration of the COVID-19 pandemic.
• These FAQs will be updated and available on the Social Work Scotland website and contain links to partner organisations and the UK Government Coronavirus Website.
• In line with the national guidance linked above, these FAQs also recognise the SDS COLLECTIVE CALL TO ACTION which states the fundamental starting point that people must continue to access the support that they need to assist them in staying as safe and as well as possible and maintain their human rights dignity and respect at this time.

Joint statement: Children and young people who go missing from care

Working together to protect children and young people who go missing from care during the Covid-19 pandemic:

A joint statement from Police Scotland,
Social Work Scotland and the Scottish Government

Download a copy of this statement (pdf)

Introduction

The restrictions put in place to respond to the COVID-19 pandemic are particularly challenging for children and young people. We know that it is even harder for looked-after children and young people in the care system, due to being separated from their families and the close attention that’s paid to their behaviour.

This statement sets out how local authorities, care providers and Police Scotland as ‘corporate parents’ are working together to keep care experienced children and young people safe and protected during the COVID-19 pandemic.

Safety and protection continues to be central to all the decisions we make.

Protecting children and young people who go missing from care

If you are providing care to a child or young person, you should follow the local protocols and procedures which were in place prior to COVID-19. This means that care providers should continue to report concerns about children or young people in their care who go missing to the police, as usual.

All reasonable efforts should be made to locate the child or young person before calling Police Scotland, unless there is evidence that the child or young person is at risk of harm. If you have any child protection concerns related to the child or young person’s absence (such as concerns over child exploitation e.g. criminal, sexual or financial) then you must follow national and organisational Child Protection procedures.

The Scottish Government’s National Missing Person’s Framework defines the roles and responsibilities of key partners to prevent, respond to, support and protect children, young people and other vulnerable persons who may be regarded as missing. It describes a missing person as anyone whose whereabouts are unknown and:

• where the circumstances are out of character, or
• the context suggests the person may be subject to crime, or
• the person is at risk of harm to themselves or another

There may be situations in which it is considered that the behaviours displayed are tolerable to the carer who will manage them as per their professional judgement, care plan and in the interests of the child or young person given the unique and individual set of circumstances. This should be kept under constant review.

A statement on the GIRFEC principles

Social Work Scotland shares the ambition that Scotland becomes the best place in the world to grow up.

To achieve that we know every child and family has to have access to the help they need, from people they know and trust, before a challenge becomes a crisis. The Getting it Right for Every Child (GIRFEC) approach remains our best chance of achieving that.

The Deputy First Minister’s announcement last week (19/9/19), withdrawing legislation which would have put the Named Person service on a statutory footing, does not signal the end of this policy. For Social Work Scotland, the announcement draws a helpful line after two years of uncertainty, allowing organisations and professionals to now get on with making GIRFEC real for children and families across the country.

We encourage our members and partners to reassert their commitment to the principles and aims of GIRFEC, and acknowledge the considerable progress already made.

Child Protection Briefing

Briefing outlining important actions required in protecting Scotland’s children.

Children’s Hearings Scotland Bill

Joint briefing for stage 3 of the Children’s Hearings Scotland Bill from ADSW and COSLA. This briefing refers in particular to amendment 98

Child Protection

Labour Party Debate