Explanatory Notes

Children and Young People (Scotland) Act 2014

2014 asp 8

27 March 2014

Commentary on Sections

Part 3 – Children’s Services Planning

Section 10 – Children’s services plan: process

31.Subsection (1) provides that in preparing a children’s services plan, the local authority and relevant health board must give the other service providers and the Scottish Ministers an effective opportunity to participate in or contribute to the preparation of the plan. The local authority and relevant health board must also consult with organisations falling within subsection (2) (which represent the interests of persons who use or are likely to use any children’s service or related service in the area; or provide a service in the area which, if it were provided by the local authority, health board, other service provider or the Scottish Ministers, would be a children’s service or related service), such social landlords as appear to provide housing in the area of the local authority and other such persons as the Scottish Ministers may, by direction, specify. “Social landlords” has the meaning given by section 165 of the Housing (Scotland) Act 2010.

32.Subsection (4) provides that a direction under subsection (1)(b)(iii) may be revised or revoked.

33.Subsections (5) and (6) require the other service providers and the Scottish Ministers to participate in, or contribute to, the preparation of the children’s services plan, and the bodies to be consulted within subsection (1)(b) are to meet any reasonable request of the local authority or health board in participating in, or contributing to, the preparation of the children’s services plan. Subsection (7) provides that, as soon as reasonably practicable after the plan has been prepared, the persons who prepared it must send a copy to the Scottish Ministers and each of the other service providers, and publish it (in such a manner as considered appropriate).

34.Subsection (8) provides that, where the Scottish Ministers or any of the other service providers disagree with any aspect of a plan which relates to a service provided by them, they must prepare and publish a notice detailing the matters in relation to which they disagree and a statement of their reasons for disagreeing.