Children and Young People's Act (Complaints)

Category: Respect for the views of the child

27th October 2015

The Scottish Government is consulting on the provisions contained within the Children and Young People's Act (2014) relating to complaints relating to the named person and the child's plan. This is particular to Parts 4 and Part 5 of the Act. The consultation paper sets out two options for consideration for the management of complaints relating to Parts 4 and/or 5 of the Act.

The Children and Young People (Scotland) Act 2014 was passed by the Scottish Parliament on 19 February 2014, and received Royal Assent on 27 March 2014. The legislation is a key part of the Scottish Government's strategy for making Scotland the best place to grow up. By facilitating a shift in public services towards early intervention whenever a family, child or young person needs help, the legislation encourages preventative measures, rather than crises responses. Underpinned by the Scottish Government's commitment to the United Nations Convention on the Rights of the Child 1989 (UNCRC), and Getting it right for every child (GIRFEC), the Act also establishes a new legal framework within which services are to work together in support of children, young people and families.

The Act places in statute key elements of GIRFEC. The key elements of GIRFEC are, in summary:

- every child and young person in Scotland is to have access to a Named Person
- a statutory Child's Plan should be prepared for every child or young person who requires one as a result of their wellbeing needs
- a holistic explanation of wellbeing, which is set out in the Act

This consultation relates to the provision in the CYPA about the making, consideration and determination of complaints concerning functions relating to the Named Person (Part 4) and Child's Plan (Part 5).

The consultation will run for 8 weeks and written responses to this consultation are invited until 30 October 2015.

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