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Children and Young People (Scotland) Act 2014

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This is the original version (as it was originally enacted).

39Child’s plan: management

This section has no associated Explanatory Notes

(1)The managing authority of a child’s plan is to keep under review whether—

(a)the wellbeing need of the child stated in the plan is still accurate,

(b)in relation to each targeted intervention, it or the manner of its provision, is still appropriate,

(c)the outcome of the plan has been achieved, and

(d)the management of the plan should transfer to another relevant authority.

(2)In reviewing a child’s plan, the managing authority—

(a)is to consult—

(i)each other relevant authority to which subsection (3) applies,

(ii)where it is neither the managing authority nor consulted under sub-paragraph (i), the responsible authority in relation to the child, and

(iii)where the child’s named person is not an employee of the managing authority, the child’s named person, and

(b)is so far as reasonably practicable to ascertain and have regard to the views of—

(i)the child,

(ii)the child’s parents,

(iii)such persons, or the persons within such description, as the Scottish Ministers may by order specify, and

(iv)such other persons as the managing authority considers appropriate.

(3)This subsection applies to a relevant authority if—

(a)it is providing a targeted intervention contained in the plan, or

(b)a targeted intervention contained in the plan is being provided by a third person under arrangements made by the authority.

(4)In having regard to the views of the child as mentioned in subsection (2)(b)(i), the managing authority is to take account of the child’s age and maturity.

(5)The managing authority of a child’s plan may in consequence of the review—

(a)amend the plan so as to revise—

(i)the wellbeing need of the child,

(ii)a targeted intervention,

(iii)the manner in which a targeted intervention requires to be provided, or

(iv)the outcome which the plan is intended to achieve,

(b)transfer the management of the plan to another relevant authority, or

(c)end the plan.

(6)The Scottish Ministers may by order make provision about the management of child’s plans, including provision about—

(a)when and how a child’s plan is to be reviewed in accordance with subsection (1),

(b)who is to be the managing authority of a child’s plan,

(c)when and to whom management of a child’s plan is to or may transfer under subsection (5)(b),

(d)when and how a new targeted intervention may be included in a child’s plan,

(e)the keeping, disclosure and destruction of child’s plans.

(7)Subject to provision made under subsection (6)(b), the managing authority of a child’s plan is—

(a)the relevant authority which prepared it, or

(b)where management of the child’s plan has been transferred under subsection (5)(b), the relevant authority to which the management of the child’s plan was so transferred (or where there has been more than one such transfer, last so transferred).

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