Read Implementation Note 5

Implementing Section 58: promote, opportunities, access

This is the fifth in a special series of implementation notes.

Effective implementation of legislation requires leadership, planning, commitment, good communication and hard work. This paper considers how three of the duties outlined in Section 58 (1) of the Act could be implemented by corporate parents:

• To 'promote the interests of looked after children and care leavers',
• To 'provide opportunities to participate in activities designed to promote wellbeing'
• To carry out 'actions to help eligible children and young people access opportunities and make use of services'.

This paper considers each of these duties in turn, defining relevant terminology and concepts as they arise.

Who should read this paper?

All corporate parents should read this paper, as determined by their inclusion on schedule 4 of the Act. It will be of particular interest to staff involved in the development and implementation (as opposed to delivery) of the processes and systems which will facilitate compliance. This includes the Chief Officer of the organisation, the Chair of the Board (or equivalent, such as Leader of the Council) and directors of all affected departments and services.

Authors note:

Please note this paper does not replace or supersede the Scottish Government's Statutory Guidance on Part 9 (Corporate Parenting), published in July 2015, to which all corporate parents must have regard. As the implementation of Part 9 will look different for each corporate parent in view of their distinct functions and context, guidance or papers cannot provide a simple how-to guide. As such, this series of implementation notes has no statutory basis but instead provides additional, optional advice and ideas, as well as generic 'good practice' in respect of the fulfilment of specific corporate parenting duties. The Scottish Government and its agencies may also refer to these papers when reviewing corporate parents' performance.

For tailored advice and guidance, corporate parents should contact CELCIS directly.