Lesley Scott, Tymes Trust officer, points out that John Swinney`s pause to implementing Parts 4 & 5 of the Children & Young People (Scotland) Act 2014, until the decision of the UK Supreme court, may have no impact in the pilot areas:
"GIRFEC `threads through all existing policy, practice, strategy and legislation affecting children, young people and families` including adult services. In practical terms therefore, how can it be ‘paused’?"
"For example, Parts 4 & 5 of the act that John Swinney refers to include functions around information sharing."
"During a ‘pause’ would the threshold on the sharing of information remain at the new lower level of ‘wellbeing’ introduced through the act, or will it be raised back up to that of ‘risk of significant harm’? And what of all the information on families that has already been gathered through the new lower threshold – does it get deleted or ‘paused’ as well?"
"A recent freedom of information response from one of the oft cited trial areas for named person included guidance to practitioners on issues of consent and information sharing."
"It advises that children 12 years and over `are presumed to have a sufficient level of understanding of the nature of consent and its consequences`."
"Indeed even younger children may make decisions around consent `if deemed to have capacity on their level of understanding and levels of maturity`."
"But the young persons’ guide to information sharing from the same FOI response shows that any implied right of consent is illusory."
"It states that `Where there is a concern about your wellbeing including your safety, people do not have to seek your consent before sharing information`..."
"Forget the pause button; John Swinney needs to push stop and rewind."
Read more at http://thirdforcenews.org.uk/blogs/named-person-shouldnt-be-paused-it-must-be-scrapped#RMjHGqOgvGjRSAHI.99
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