Children and Young People (Information Sharing)(Scotland) Bill

Author: Camilla Kidner

PDF Published: Friday 01 Sep 2017 (SB 17-59)

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Overview
Report

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Overview
Report
- Executive Summary
- Background: named person and child's plan in the 2014 Act
  - Named person
    
    Who can be a named person?
    
    What does a named person do?
  - Child's plan
  - Complaints
  - Parliamentary consideration of named person and child's plan
- Supreme Court ruling
  - What did the court say was needed?
- Scottish Government action following the Supreme Court ruling
  - Engagement and consultation
- Bill provisions
  - How does this change the law?
    
    Section 23: changing named person service provider
    
    Section 26: sharing information with named person service provider
    
    Section 27: limitation on breach of confidentiality
    
    Section 40: duty to assist with child's plan
- Code of practice
  - Legislative status of the code
- Training on information sharing
- Reaction to the bill
- New rules on data protection
- Glossary
Sources

Children and Young People (Scotland) Act 2014. asp 8. (, undefined). Retrieved from http://www.legislation.gov.uk/asp/2014/8/contents/enacted [accessed 10 August 2017]

The Named Persons (Training, Qualifications, Experience and Position) (Scotland) Order no.16. (2016). Retrieved from http://www.legislation.gov.uk/ssi/2016/16/contents/made [accessed 1 August 2017]

Scottish Government. (2015). Consultation on the draft Statutory Guidance for Parts 4, 5 and 18 (Section 96) and related draft orders of the Children and Young People (Scotland) Act 2014. Retrieved from http://www.gov.scot/Publications/2015/02/1851/0 [accessed 1 August 2017]

The Named Persons (Training, Qualifications, Experience and Position) and the Child’s Plan (Scotland) Revocation Order. No. 234. (2016). Retrieved from http://www.legislation.gov.uk/ssi/2016/234/article/2/made [accessed 2 August 2017]

http://www.legislation.gov.uk/ssi/2016/16/pdfs/ssipn_20160016_en.pdf. (2016). Retrieved from The Named Persons (Training, Qualifications, Experience and Position) (Scotland) Order n.16. Policy note [accessed 2 August 2017]

Child's Plan (Scotland) Order no. 217. (2016). Retrieved from http://www.legislation.gov.uk/ssi/2016/17/contents/made [accessed 2 August 2017]

The Children and Young People (Scotland) Act 2014(Part 4 and 5 Complaints) Order 2016. no. 152. (2016). Retrieved from http://www.legislation.gov.uk/ssi/2016/152/contents/made [accessed 1 August 2017]

Scottish Government. (2015). Consultation on complaints concerning functions related to the named person and child's plan. Retrieved from http://www.gov.scot/Publications/2015/09/4656 [accessed 1 August 2017]

The Children and Young People (Scotland) Act 2014 (Parts 4 and 5 Complaints) (Revocation) Order. no. 314. (2016). Retrieved from http://www.legislation.gov.uk/ssi/2016/314/contents/made

The Children and Young People (Scotland) Act 2014 (Part 4 and 5 Complaints) Order. Policy Note. no.152. (2016). Retrieved from http://www.legislation.gov.uk/ssi/2016/152/pdfs/ssipn_20160152_en.pdf

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Scottish Parliament. (2016). Chamber Official Report, 8 September 2016. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10502&mode=pdf [accessed 1 August 2017]

Scottish Government. (2016). Named Person: Engagement on information sharing. Retrieved from http://www.gov.scot/Topics/People/Young-People/gettingitright/information-sharing/engagement

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Scottish Government. (2017). Scottish Government’s three month engagement on information sharing provisions in the Children and Young People (Scotland) Act 2014. Retrieved from http://www.gov.scot/Topics/People/Young-People/gettingitright/information-sharing/engagement [accessed 2 August 2017]

Scottish Government. (2016, November 22). GIRFEC Engagement on information sharing. Meeting with information sharing stakeholder reference group.. Retrieved from http://www.gov.scot/Resource/0051/00514982.pdf [accessed 1 August 2017]

Scottish Government. (2017). Children and Young People (Information Sharing)(Scotland) Bill: Privacy Impact Assessment. Retrieved from http://www.gov.scot/Resource/0052/00521288.pdf [accessed 28 July 2017]

Scottish Parliament. (2017, March 7). Chamber Official Report. Retrieved from http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10827&mode=pdf [accessed 1 August 2017]

Scottish Government. (2017). Illustrative draft code of practice on information sharing. Retrieved from http://www.gov.scot/Topics/People/Young-People/gettingitright/information-sharing/cyp-information-sharing-bill-2017/cyp-information-sharing-draft-code-of-practice [accessed 28 July 2017]

Information Commissioner's Office. (2017). Response to Education and Skills Committee on Children and Young People (Information Sharing)(Scotland) Bill. Retrieved from http://www.parliament.scot/S5_Education/Inquiries/20170825InformationCommisionersOffice.pdf [accessed 30 August 2017]

Children and Young People (Information Sharing)(Scotland) Bill [as introduced] Delegated Powers Memorandum, SP Bill 17-DPM. (2017). Retrieved from http://www.parliament.scot/Children%20and%20Young%20People%20(Information%20Sharing)%20(Scotland)%20Bill/SPBill17DPM052017(1).pdf [accessed 2 August 2017]

Children and Young People (Information Sharing)(Scotland) Bill [as introduced] Financial Memorandum, SP Bill 17-FM. (2017). No title Retrieved from http://www.parliament.scot/Children%20and%20Young%20People%20(Information%20Sharing)%20(Scotland)%20Bill/SPBill17FMS052017.pdf [accessed 28 July 2017]

Police Scotland. (2017). Response to Education and Skills Committee on Children and Young People (Information Sharing)(Scotland)Bill. Retrieved from http://www.parliament.scot/S5_Education/Inquiries/20170825Police_Scotland.pdf [accessed 30 August 2017]

BBC. (2017, June 20). Changes to named person law published. Retrieved from http://www.bbc.co.uk/news/uk-scotland-scotland-politics-40341333 [accessed 1 August 2017]

No2NamedPerson. (2017). Scot gov climbdown on named person triggers expensive retraining exercise. Retrieved from http://no2np.org/scot-gov-climbdown-named-persons-triggers-expensive-retraining-exercise/ [accessed 1 August 2017]

Education and Skills Committee. (2017). Children and Young People (Information Sharing)(Scotland) Bill Evidence. Retrieved from http://www.parliament.scot/parliamentarybusiness/CurrentCommittees/105563.aspx [accessed 30 August 2017]

Waiton, S. (2017). Response to Education and Skills Committee on Children and Young People (Information Sharing) (Scotland) Bill. Retrieved from http://www.parliament.scot/S5_Education/Inquiries/20170726Dr_Stuart_Waiton_NAMED_PERSON_SUBMISSION.pdf [accessed 23 August 2017]

The Young ME Sufferers Trust. (2017). Response to Education and Skills Committee on Children and Young People (Information Sharing) (Scotland) Bill. Retrieved from http://www.parliament.scot/S5_Education/Inquiries/20170815TYMES_Trust_Submission.pdf [accessed 23 August 2017]

Faculty of Advocates. (2017). Response to Education and Skills Committee on the Children and Young People (Information Sharing) (Scotland) Bill. Retrieved from http://www.parliament.scot/S5_Education/Inquiries/20170815Faculty_of_Advocates_Response.pdf [accessed 23 August 2017]

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CLAN Childlaw. (2017). Response to Education and Skills Committee on Children and Young People (Information Sharing)(Scotland) Bill. Retrieved from http://www.parliament.scot/S5_Education/Inquiries/Clan_Childlaw_Evidence_230817.pdf [accessed 30 August 2017]

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Children and Young People (Information Sharing)(Scotland)Bill [as introduced] Policy Memorandum, SP Bill 17-PM. (2017). Retrieved from http://www.parliament.scot/Children%20and%20Young%20People%20(Information%20Sharing)%20(Scotland)%20Bill/SPBill17PMS052017.pdf [accessed 1 August 2017]

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