Prospective

Part 1 S Children’s care system

Chapter 2 S Support etc. for persons in or with experience of children’s care system: modification of enactments

Family group decision-making S

14 Right to request family group decision-making services S

(1) The Children and Young People (Scotland) Act 2014 is amended as follows.

(2) After section 69, insert—

“69A Right to request family group decision-making services

(1) Where family group decision-making services are available by virtue of section 68(1), the following persons may ask a relevant local authority to provide such a service—

(a) a child who considers themselves likely to fall within the definition of an eligible child,

(b) a person who considers themselves likely to fall within the definition of a qualifying person in relation to an eligible child,

(c) a pregnant woman who considers herself likely to fall within the definition of an eligible pregnant woman,

(d) a person who considers themselves likely to fall within the definition of a qualifying person in relation to an eligible pregnant woman.

(2) A local authority which receives a request under subsection (1) (“the request”)—

(a) may ask the requester to provide such further information as it considers necessary in order to consider the request, and

(b) must, unless it considers that there are good reasons not to respond (or not to respond further) to the requester, take the steps set out in subsection (3).

(3) The steps are—

(a) as soon as reasonably practicable after receiving the request, providing the requester with confirmation of receipt of it, and

(b) subject to receiving such further information, if any, as the authority requires (which was sought under subsection (2)(a))—

(i) considering whether a family group decision-making service should be provided in response to the request, and

(ii) providing the requester with a response to the request which includes the authority’s decision and its reasons for reaching that decision.

(4) In this section—

• “eligible child” and “eligible pregnant woman” have the same meanings as in section 68,

• “family group decision-making service” means a service which is designed to facilitate decision-making, in relation to the services and support required for a child, by—

  (a)

  the child’s family, and

  (b)

  where appropriate having regard to the child’s age and maturity, the child,

• “qualifying person”, in relation to an eligible child or an eligible pregnant woman, has the same meaning as it has in relation to that child or woman in section 68,

• “relevant local authority” is to be construed in accordance with section 201 of the Children’s Hearings (Scotland) Act 2011.

(5) The Scottish Ministers may by regulations modify the definition of “family group decision-making service” in subsection (4).”.

(3) In section 99 (subordinate legislation), after “section 68(3)(b)” insert—

• “section 69A(5)”.

Commencement Information

I1 S. 14 not in force at Royal Assent, see s. 70(2)