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

Scottish Public Sector Ombudsman. (2017). Response to Education and Skills Committee on Children and Young People (Information Sharing)(Scotland) Bill.

Scottish Parliament. (2013). Official Report 19 February 2013. Retrieved from http://www.scottish.parliament.uk/parliamentarybusiness/report.aspx?r=9473&mode=pdf [accessed 1 August 2017]

Scottish Parliament Education and Culture Committee. (2013). Stage 1 report on Children and Young People (Scotland) Bill. Retrieved from http://www.parliament.scot/parliamentarybusiness/CurrentCommittees/69949.aspx [accessed 28 July 2017]

No2NamedPerson. (n.d.) No title Retrieved from http://no2np.org/ [accessed 2 August 2017]

The Christian Institute and others (Appellants) v The Lord Advocate (Respondent) (Scotland) [2016] UKSC 51. (2016). Retrieved from https://www.supremecourt.uk/cases/uksc-2015-0216.html [accessed 28 July 2017]

Scottish Government. (2016). Supreme Court rules on named person. News release 28 July 2016. Retrieved from https://news.gov.scot/news/supreme-court-rules-on-named-person [accessed 1 August 2017]

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

Scottish Government. (2017, August 31). Personal communication.

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]

Sloan, A. (2017). Response to Education and Skills Committee on Children and Young People (Information Sharing) (Scotland) Bill. Retrieved from http://www.parliament.scot/S5_Education/General%20Documents/20170802Response_by_Alistair_Sloan_Inksters_Solicitors.pdf [accessed 23 August 2017]

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]

Aberlour, Action for Children, Children 1st, Includem, Barnardos, NSPCC Scotland, Parenting Across 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/20170825JointThirdSectorOrgsResp.pdf [accessed 30 August 2017]

Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation). (2016, April 27). Retrieved from http://ec.europa.eu/justice/data-protection/reform/files/regulation_oj_en.pdf [accessed 2 August 2017]

Department for culture media and sport. (2017). Call for views on the general data protection regulation derogations. Retrieved from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/610133/EnglishGDPRCFV_v1.5.2pdf_2.pdf [accessed 1 August 2017]

European Union (Withdrawal) Bill. Bill 005 2017-19. (2017). Retrieved from https://publications.parliament.uk/pa/bills/cbill/2017-2019/0005/cbill_2017-20190005_en_1.htm [accessed 2 August 2017]

Woodhouse, J. (2017). Brexit and data protection. Briefing paper number 7838. Retrieved from http://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7838 [accessed 1 August 2017]

UK Government. (2017, August 7). News Release. Government to strengthen UK data protection law.. Retrieved from https://www.gov.uk/government/news/government-to-strengthen-uk-data-protection-law [accessed 18 August 2017]

European Union. (n.d.) No title Retrieved from http://www.eugdpr.org/ [accessed 1 August 2017]

Information Commissioner's Office. (n.d.) Key areas to consider. Retrieved from https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/key-areas-to-consider/ [accessed 1 August 2017]

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]

Last Updated: 28/3 1:21pm

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