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Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 SLAB’s Corporate Parenting Plan: 2016-2018 Foreword SLAB’s designation as a Corporate Parent recognises the important role that SLAB has in delivering services to children and young people. Legal aid enables those that could otherwise not afford it, including children, to access justice. This can therefore directly enhance the life chances of Scotland’s most disadvantaged children and young people. As a new corporate parent, our initial focus will be on developing our understanding of the lives and legal needs of Care Experienced Young People and using this to inform our own service delivery and our policy advice to Ministers on legal aid. We look forward to working with care experienced young people, Who Cares? Scotland, the Centre for Excellence for Looked After Children in Scotland and other corporate parents to better meet the needs of this important group. Background to legal aid in Scotland The Scottish Legal Aid Board was set up in 1987 to manage legal aid in Scotland. We are a non-departmental public body responsible to the Scottish Government. The purpose of legal aid in Scotland is to provide access to justice for those people who are unable to pay for it on their own. By providing people with access to assistance and representation at difficult times in their lives, we contribute to the Scottish Government’s Purpose to deliver a more successful Scotland with opportunities for everyone. Legal aid in Scotland provides a vital service to people, many of them vulnerable, who would not otherwise be able to pursue or defend their rights, or fund their defence. Legal aid can make an important difference to people at difficult times in their lives. For example, it can help people maintain their financial security, keep their jobs or prevent unfair dismissal, or help remove them from the dangers of domestic abuse. By doing this, legal aid helps to prevent wider social problems such as people slipping into poverty. It therefore improves people's lives and helps Scotland become a more successful place. Legal aid is also an important element of the wider criminal justice system and by providing publicly funded legal assistance to those accused of crimes, legal aid helps the criminal justice system to operate fairly. An effective and efficient system of legal aid helps cases to be processed through the courts as quickly as possible. Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 What is Corporate Parenting? The Children and Young People (Scotland) Act 2014 puts Corporate Parenting on a new statutory footing and introduces a framework of duties and responsibilities for the 24 public bodies listed in Schedule 4 as corporate parents. These duties were commenced on 1 April 2015 and require all corporate parents to collaborate with each other to promote the wellbeing of looked after children and care leavers in their care and enable them to achieve the best outcomes. Corporate parenting responsibilities extend to all looked after children aged from birth to when they cease to be looked after. This includes children in foster care, residential care, secure care, ‘looked after at home’ (on Home Supervision Requirements) and those in formal kinship care. It also includes disabled children who are ‘looked after’ during a short break provision. Corporate parenting responsibilities also apply to care leavers who were looked after on their 16th birthday (or subsequently) up to and including the age of 25. Justice, looked after children and care leavers Part 9 of the Children and Young People (Scotland) Act 2014 gives SLAB new duties as a national corporate parent. The Act aims to address the complex challenges faced by care experienced young people. The most common legal basis for a child being looked after is a Supervision Requirement made by a Children’s Hearing1. This means that, to some extent, many looked after children will have been involved in a legal process. Subject to statutory tests, SLAB makes children’s legal assistance available for Children’s Hearings and related court proceedings. Whilst individual looked after children and care leavers have different options, opportunities and make different choices, research suggests that as a group they experience a number of disadvantages which are likely to bring them into contact with legal services2: Research suggests that care leavers experience a lack of access to continuing education or training, unemployment, homelessness, poor mental health and physical wellbeing, teenage pregnancy and involvement in criminal activity. Some of these issues could involve direct contact with legal services and the justice system (such as criminal activity and homelessness), whilst others are 1 “Scotland’s Children’s Hearings System – does it deliver good outcomes for looked after children?”, Malcolm Schaffer and Bernadette Monaghan, Partnership for Progress: CELCIS 2013 Conference 2 “Still Caring? Supporting Care Leavers in Scotland”, Duncalf, Hill and McGhee, CELCIS, 2013 Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 associated with people generally experiencing more civil justiciable problems. 3 Justiciable problems are those which raise civil legal issues, whether or not this is recognised by those facing them and whether or not any action taken to deal with them involves the legal system. SLAB makes legal assistance available for both civil and criminal matters, subject to statutory tests, provides services directly to people through employed solicitors and funds projects to address specific unmet advice needs. Corporate Parenting and SLAB SLAB is one of a number of organisations listed in Schedule 4 of the Act and is legally obliged to meet duties and responsibilities to looked after children and care leavers. Specifically, the Act obliges Corporate Parents, in so far as consistent with the proper exercise of its other functions, to: to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, to assess the needs of those children and young people for services and support it provides, to promote the interests of those children and young people, to seek to provide those children and young people with opportunities to participate in activities designed to promote their wellbeing, to take such action as it considers appropriate to help those children and young people— o to access opportunities it provides in pursuance of paragraph o to make use of services, and access support, which it provides, and to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people. For this first corporate parenting plan, we will focus on developing our understanding of the needs of looked after children and care leavers, to help contribute to the outcome: “To enable the upholding of the rights of looked after children and care leavers” 3 “Paths to Justice: A Past, Present and Future Roadmap”, Pleasance, Balmer and Sandefur, Nuffield Foundation, 2014 Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 Additionally, to support this outcome, we will take steps to improve our communication with applicants and assisted persons, develop our staff’s understanding through induction and training, and ensure that the needs of care experienced young people are taken into account when developing advice, policies or procedures. In November 2015, SLAB pledged its support for the Who Cares? Scotland ‘ListenAct-Unite’ campaign4. Through our corporate parenting plan activities we will listen to care-experienced young people, act on what we hear and work with them to create better lives. In order to ensure that the voices of care-experienced young people are heard at the most senior level, SLAB’s Executive Team, comprising the Chief Executive, Directors and the Principal Legal Advisor5 will monitor and steer SLAB’s progress against this plan. 4 5 https://www.whocaresscotland.org/what-we-do/campaigns/listen-act-unite/ http://www.slab.org.uk/about-us/who-we-are/board/ Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 The Corporate Parenting Plan Name and outcome Mentoring SLAB recognises the importance of improving the opportunities for looked after children and care leavers. General and bespoke staff training SLAB recognises the importance of raising awareness and knowledge about corporate parenting duties among staff. Reforms, projects, Proposed activity SLAB will: engage with the Scottish Government’s planned mentoring scheme for looked after children and, where possible, support SLAB staff to volunteer for any appropriate projects that secure funding from the Scottish Government. Owner Corporate Services Directorate Relevant Corporate Parenting Duty (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, (c) to promote the interests of those children and young people, (d) to seek to provide those children and young people with opportunities to participate in activities designed to promote their wellbeing, (e) to take such action as it considers appropriate to help those children and young people(i) to access opportunities it provides in pursuance of paragraph (d), (ii)to make use of services, and access support, which it provides SLAB will: provide information Corporate about SLAB’s corporate Services parenting duties as part of the Directorate staff induction process. The option of using SLAB’s learning management system to develop training packages for specific areas of the business will also be explored (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, (c) to promote the interests of those children and young people, (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people. SLAB will: incorporate looked (a) to be alert to matters which, or which Strategic Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 Name and outcome planning and advice to Ministers – awareness of implications for eligible young people The impacts on eligible young people should be considered when developing and implementing reforms and projects, providing advice to Ministers, undertaking corporate planning and carrying out SLAB’s monitoring function. Guidance on circumstances in applying for legal aid Where an individual’s circumstances or background is deemed relevant to the merits of granting legal aid, this can be taken into account. Improving written communications SLAB is aware of the complexity of legal aid and Proposed activity after children and care leavers in SLAB’s equalities impact assessment process and in ongoing consideration of customers needs. Owner Development Directorate Relevant Corporate Parenting Duty might, adversely affect the wellbeing of children and young people to whom this Part applies, (b) to assess the needs of those children and young people for services and support it provides, (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people. SLAB will: seek to provide guidance in the Handbooks about what specific information about someone’s background (in relation to care status or otherwise) might be used where the reasonableness test or interests of justice test is applied to an application. Operations Directorate SLAB will: consider looked after children and care leavers as part of its continuing programme to improve written Operations Directorate (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, (b) to assess the needs of those children and young people for services and support it provides, (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people. (c) to promote the interests of those children and young people, (d) to seek to provide those children and young people with opportunities to participate in activities designed to promote their wellbeing, Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 Name and outcome the need to communicate clearly with applicants. Proposed activity communications. In addition, SLAB will seek to work with Who Cares? Scotland and looked after a children and care leavers in helping us improve in this area. Owner Relevant Corporate Parenting Duty (e) to take such action as it considers appropriate to help those children and young people(i) to access opportunities it provides in pursuance of paragraph (d), (ii)to make use of services, and access support, which it provides Improving distribution and dissemination of information about availability of legal aid SLAB will: learn from the information gained through the literature review, applicant research and analysis of our own data to fully scope a pilot of the provision of information about legal aid at key transition points for looked after children and care leavers. Strategic Development Directorate (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, (b) to assess the needs of those children and young people for services and support it provides, (c) to promote the interests of those children and young people, SLAB will: look at the information that is currently gathered by the Civil Legal Assistance Office and Public Defender Solicitor Office networks, and how it is recorded, on the premise that this information could tell us how best to ask the question about current or previous care status across our work, how well the question is answered Strategic Development Directorate (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, (b) to assess the needs of those children and young people for services and support it provides, (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people. Address potential difficulties faced by looked after children and care leavers in accessing information about legal aid. Improving our understanding of eligible young people’s interaction with legal aid – testing ongoing collection of information SLAB will have an improved understanding of the extent to which looked after children and care leavers interact with the Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 Name and outcome legal aid system. Proposed activity and which matter types that LAC/CL tend to present with. Improving our SLAB will: make a specific understanding of eligible inquiry as to the care status of young people’s interaction applicants as part of SLAB’s with legal aid –applicant civil applicant survey. research Owner Relevant Corporate Parenting Duty Strategic Development Directorate (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, (b) to assess the needs of those children and young people for services and support it provides, (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people. SLAB will have an improved understanding of the extent to which looked after children and care leavers interact with the legal aid system. SLAB will: Conduct a literature Strategic review into the ways in which Development members of the eligible group Directorate are likely to interact with the broader justice system or to experience justiciable issues, their communication needs to better understand where SLAB fits in to their life course. Understanding their communication needs would also form part of the project. Learning from Corporate Parenting and delivery partners SLAB will: explore what other corporate parents and relevant delivery partners do (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, (b) to assess the needs of those children and young people for services and support it provides, (c) to promote the interests of those children and young people, (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people. (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part SLAB will have an improved understanding of the extent to which looked after children and care leavers interact with the legal aid system. Improving our understanding of eligible young people’s interaction with legal aid –literature review Strategic Development Directorate Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 Name and outcome SLAB will learn directly from the experience of other corporate parents and relevant partners who already deliver services to care-experienced young people Direct Service Delivery – police station advice The interaction of looked after children and care leavers interact with the criminal justice system will be better understood and operational changes can be considered. Proposed activity as part of the research exercise aimed at improving SLAB’s understanding of eligible young people’s experiences, including where legal aid and the justice system more widely fits in. Owner Relevant Corporate Parenting Duty applies, (b) to assess the needs of those children and young people for services and support it provides, (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in relation to those children and young people. SLAB will: seek to work with Police Scotland and explore the feasibility of police officers passing on information about the care status of detainees to the solicitor contact line. Chief Executive and Director of PDSO (a) to be alert to matters which, or which might, adversely affect the wellbeing of children and young people to whom this Part applies, (b) to assess the needs of those children and young people for services and support it provides, (c) to promote the interests of those children and young people, (d) to seek to provide those children and young people with opportunities to participate in activities designed to promote their wellbeing, (e) to take such action as it considers appropriate to help those children and young people(i) to access opportunities it provides in pursuance of paragraph (d), (ii)to make use of services, and access support, which it provides, and (f) to take such other action as it considers appropriate for the purposes of improving the way in which it exercises its functions in Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 Name and outcome Proposed activity Owner Relevant Corporate Parenting Duty relation to those children and young people. Scottish Legal Aid Board Corporate Parenting Plan 2016 - 2018 Duties C D Proposed Activity A 1. Mentoring 2. General training and bespoke staff training 3. Reforms, projects, planning and advice to Ministers – awareness of implications for eligible young people 4. Guidance on circumstances 5. Improving written communications 6. Improving distribution and dissemination of information about availability of legal aid 7. Improving our understanding of eligible young people’s interaction with legal aid – testing ongoing collection of information 8. Improving our understanding of eligible young people’s interaction with legal aid –applicant research 9. Improving our understanding of eligible young people’s interaction with legal aid –literature review 10. Learning from Corporate Parenting partners 11. Direct Service Delivery – police station advice B x x F x x x x x x x x x x x x E To Collaborate x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x