Children s services bill aspirations and options
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Children’s Services Bill Aspirations and Options. Robin McKendrick Head of Getting it Right Team. Aspirations for Children’s Services. Effective early years support Prevention and early intervention Supporting parents effectively Delivering child centred support and services

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Children’s Services BillAspirations and Options

Robin McKendrick

Head of Getting it Right Team


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Aspirations for Children’s Services

  • Effective early years support

  • Prevention and early intervention

  • Supporting parents effectively

  • Delivering child centred support and services

  • Recognising the rights of children and young people

    How can legislation help deliver these aspirations?


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Architecture

Business process

  • “PEOPLE”

  • Culture

    • Behaviour

    • Practice

    • Motivation

    • Reputation

  • “RULES”

    • Legislation

    • Codes & Guidance

    • ECHR / UNCRC

    • DPA & FoI

    • Profession

    • Contracts

    • SOAs

Instructions

Where is the problem?

What can legislation do?


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Constraints on legislation

Courts

Case law,

litigation

Sc & UK

Parliaments

Devolution

Boundary

Legislation

Policy

European

and

international

law

Drafting

practice and

constraints


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Purposes of legislation

  • To create new law

    • A new policy for which no legislation exists

  • To amend existing law

    • Existing provision is somehow inadequate

    • Existing provision is ambiguous or unclear

    • Case law (court judgements)

  • To repeal existing law

    • It has become a barrier to policy delivery


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Core of legislation

  • Duty

    • Requirements (must)

    • Prohibitions (must not)

    • … which may equate to entitlements or protections for any “recipient”.

  • Power

    • Discretion to act (may)

    • Discretion not to act (need not)

    • … which may equate to privileges or dispensations for any “recipient”.


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Possible legislative options

  • Embed the Early Years Framework, with a strong focus on appropriate early intervention

  • Build upon the Getting it right approach to ensure that services are delivered in a child-centred way

  • Review and update the Children (Scotland) Act 1995

  • Support a stronger focus on achieving outcomes and improving life chances

  • Remove barriers to child-centred service delivery


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Early Years Framework

  • Duty to ensure:

    Early learning and childcare

    Play opportunities

    Parenting and family support

    A workforce with appropriate skills


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Getting it right for every child

  • Duties around core components

    • Single planning process?

    • Named person?

    • Others?

  • Duties around the Practice model

    • Obtaining the views of children and young people?

    • Advocacy?

  • Reporting on outcomes


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Updating 95 Children Act

  • Definition of parental rights and responsibilities?

  • Revisit the parenting strategies as laid down by Anti Social Behaviour legislation?

  • Specific duties re particular groups of children?

  • Should duties be defined in terms of children's welfare or their wellbeing?


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Achieving Outcomes

  • Adopt wellbeing indicators into legislation?

  • Impact assessment of services on outcomes for children?

  • Reporting of outcomes?


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Making Good Legislation

  • Needs to be clear and specific

  • Balancing benefits with burdens

  • Not about

    • setting out “high level principles”

    • emphasising or restating existing law which is perfectly adequate

    • Dealing with compliance issues


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