Chamber and committees

Every care experienced young person, aged between 16 and 19 years, is potentially eligible for an Activity Agreement (AA) – if it is assessed that it is the most appropriate route for them.

Eligibility to participate on an AA is not determined by a young person's status, for example by having had a care experience. To participate on an AA a young person undergoes a referral and assessment process which considers the young person’s strengths, needs and interests and identifies their current skills and experience. Young people participating on an AA may face multiple barriers and not disclose previous care experience. Robust assessment considers what is needed to help each young person engage and sustain informal learning, moving towards more formal learning and training and ultimately work.

In 2016-17 there was an increase in onward progressions from Activity Agreements. Of the 2,287 young people who left their Activity Agreement, 1,764 (77%) moved on to employment, training or further learning, an increase from 74% in 2015/16. 31% of AA leavers moved on to further training (Stage 2 and above); 25% to further education; 19% gained employment (including Modern Apprenticeships and Community Jobs Scotland places); 2% to volunteering.

In the period 1 April – 30 September 2017 1,365 young people in Scotland were on an Activity Agreement. We do not currently collate statistics for the numbers who identify with particular groups other than gender. However, some Local Authorities may keep a breakdown of this information for their area. The progression rate for the same period is 83%.

Jayne-Anne Gadhia, CEO of Virgin Money UK, was appointed Chair of the independent review of student support in October 2016. The Programme for Government published earlier this year stated that the review will report this autumn. The review is on track to publish to that timescale.

The Scottish Government is working with the Scottish Legal Aid Board to improve the information it collects on ‘looked after children’ who have received legal representation at children’s hearings. We regularly review the statistical information we collect and report on, this process is specified in the Code of Practice for Official Statistics and involves extensive discussion with users and suppliers. This ensures that the information meets user needs, is meaningful and is of a proportionate burden to data suppliers. However it should be noted that it may not always be appropriate for a young person to be legally represented at a hearing there are other means of support such as advocacy services that may be better placed to assist them in such settings.

The member refers to question S5W-11406 answered by Jamie Hepburn on 3 October 2017. It is assumed the reference should be to question
S5W-11416 answered by Mark McDonald on 3 October 2017.

In considering a sustainable and effective model of advocacy provision for the children's hearings system, the Scottish Government has commissioned a number of Action Research projects beginning in 2015.

These were undertaken across a number of locations to gain an understanding of how the practical issues around enacting Section 122 of the Children's Hearings (Scotland) Act 2011 would fit alongside existing practice, roles and responsibilities. Research Project Reports are available from SPICe - BiB number - 59312.

Barnardo's - Fife - 2015-16

This pilot provided advocacy to children aged 3 to 17 who have been referred by the Children’s Reporter for an initial children’s hearing. Furthermore the project provided advice, support and training as necessary to other people supporting children at children’s hearings. This included family members, teachers or carers.

Barnardo's - Fife - 2017-18 and Your Voice - North Lanarkshire - 2015-16 and
2016-17

Barnardo's are currently undertaking a further pilot which explores the provision of advocacy at short notice and the provision of a duty model which involves meeting at their offices located within the Glenrothes hearing centre itself, just before the child's Hearing. They will also provide advocacy at Pre Hearing panels if it is likely a child might be excused from attending their hearing but still wants their views to be heard.

Like the Barnardo's Project in Fife, Your Voice explored the provision of short term advocacy in the North Lanarkshire area. They were located within in the Bellshill hearing centre, and provided advocacy under the same circumstances.

Who Cares? Scotland (WC?S)- Dundee and Highlands - 2015-16

WC?S delivered advocacy through current and enhanced provision to children in Dundee and Highland as part of their project.

In addition they undertook a 2 month scoping exercise exploring what children and young people understand about advocacy and how they find out more about it and what awareness levels amongst relevant professionals were.

The learning from all of these projects has been significant. The Scottish Government has benefitted from information about logistical issues, barriers to accessing advocacy. The studies have highlighted benefits for both children and young people, professionals and panel members. The connections made with advocacy providers and the advocacy sector have proven invaluable as we move forward to the next phase where we are designing the delivery and practice models.

There are currently a number of measures in place and in development which monitor and review child deaths, including deaths of looked after young people, in Scotland.

Significant Case Reviews

A Significant Case Review is a multi-agency process for establishing the facts of, and learning lessons from, a situation where a child has died or been significantly harmed. Child Protection Committees, on behalf of Local Authority Chief Officers Groups, are responsible for deciding whether a Significant Case Review (SCR) or Initial Case Review (ICR) is warranted and for agreeing how the review is conducted, in cases where a child has died within their area. The National Guidance for Child Protection Committees for Conducting a Significant Case Review makes clear that SCRs should seek to establish the full circumstances of the death or serious harm of the child, establish whether there are lessons to be learned from the case, or good practice to be shared, identify areas for development and establish the findings which will allow the Child Protection Committee to consider what recommendations need to be made to improve the quality of services.

Child Death Review System

The Scottish Government also plans to establish a preventing child deaths system, referred to in the response to question S5W-11422 on 2 October 2017, to ensure the deaths of all children and young people are reviewed with the aim of learning lessons to reduce the numbers of deaths in Scotland. Reviews should be carried out on the deaths of all live born children up to the date of their 18th birthday, including care-experienced young people who were in receipt of aftercare or continuing care at the time of their death, up to the date of their 26th birthday. This will work alongside Significant Case Reviews and ensure, where possible, that the deaths of looked-after young people have been reviewed and learned from.

The Care Inspectorate Reporting and Monitoring Procedure

Local authorities have a duty to notify the Care Inspectorate of the death of a looked after child, and are required to submit a report and supporting documentation following notification of a death. The Care Inspectorate works with colleagues from Education Scotland to review the local authority’s report on behalf of Ministers. In so doing, they examine the arrangements made for the child’s welfare during the time he/she was looked after; assess whether action taken or not taken by the local authority may have contributed to the child’s death; identify lessons which need to be drawn to the attention of the local authority that had responsibility for the child and/or other local authorities or statutory agencies; and draw attention to the potential need for reviewing legislation, policy, guidance, advice or practice in the light of a particular case, or trends emerging from the deaths of looked after children.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

I refer you to the answer to question S5W-11419 on 2 October 2017, describing a number of workstreams in place providing a wide range of support to young people with experience of care. These provisions look at the whole life experience of the child and young person, supporting every aspect of their health – including their physical and mental health – and wellbeing. Evidence-based policy making requires time for these supports to take effect. We will therefore consider the evidence, when available, and decide how best to continue seeking the necessary improvements in outcomes for our looked after and care experienced young people. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at http://www.parliament.scot/parliamentarybusiness/28877.aspx

The answer to S5W-11416 set out our intention to make significant progress over the next two year period. The Scottish Government will be making an announcement soon on the next steps.

The commencement of section 122 pertains to the availability of advocacy for children's hearings and does not of itself extend a right of advocacy into other domains.

We hope that the number of children who will benefit from a future national children's hearings advocacy scheme will go beyond those that are already care experienced.

The member refers to question S5W-11406 answered by Jamie Hepburn on 3 October 2017. It is assumed the reference should be to question
S5W-11416 answered by Mark McDonald on 3 October 2017.

In partnership with Who Cares? Scotland, the Scottish Government is looking at capacity issues and future modelling. As part of this work we will consult with a number of providers and commissioners across Scotland. This project will report in Spring 2018.

The scope and intention of the statutory provisions do not map across directly to children with existing care experience. Rather, they relate to those children who are involved in a children's hearings referral, which may be for the first time. Two mapping exercises conducted by Inspiring Scotland on our behalf in the last two years illustrated a patchy provision of advocacy in relation to children's hearings.

Any future demand led national children's hearings advocacy scheme will require additional capacity.

Since 2015 the Scottish Government has worked closely with Who Cares? Scotland, Barnardo's and Your Voice. In addition we have consulted with the Scottish Independent Advocacy Alliance (SIAA), the national membership body for independent advocacy organisations in Scotland. We will continue to broaden our partnerships as we progress with this work.