Download SLAB`s Corporate Parenting Plan: 2016-2018

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
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F
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E
To
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