Our successful series of five events in partnership with the Care Inspectorate took us around the country (Aberdeen, Glasgow (x2), Edinburgh and Dundee) for 4 months from November last year. In total, we had over 220 delegates and feedback was extremely positive:
The events looked at the Health and Social Care Standards and how they relate to the SHANARRI Wellbeing principles. It was discussed how the onus will be on services to demonstrate how they meet the standards from the perspective of users. So, rather than being 'told' what to do by the Care Inspectorate, services need to show what they do and why, always thinking about the impact on, and outcomes for, users. Reflective practice as well as honest self-assessments will be key to meeting the new standards.
Thank you to everyone that took part in our workforce survey last year. The results have been
analysed and the full report is now available for download here:
The information gained from this survey is essential for SOSCN's policy work and for the promotion of out of school care, so, we are very grateful to everyone who managed to respond. Look out for our 2018 survey later this year.
Here are some of the headline results from the survey:
(If correctly self-identified as a Lead Practitioner, the 19 year old currently has no childcare qualification but is working towards Playwork SVQ 3 and paid £3.50 per hour in the private sector which means they would have to be a Modern Apprentice.)
SOSCN's Policy and Research Manager, Andrew, recently contributed to the Change Childcare
blog with the article 'Out of School Care - believing that children matter'.
You can read the full blog here:
SOSCN has responded to four Scottish Government consultations, read our responses:
Safe and Effective Staffing in Health and Social Care - SOSCN Consultation Response
Closing date: 20th February 2018
Consultation on Excellence and Equity for All: Guidance on the Presumption of Mainstreaming - SOSCN Consultation Response
Closing date: 9th Feb 2018
A Healthier Future - Action and Ambitions on Diet, Activity and Healthy Weight - SOSCN Consultation Response
Closing date: 31st January 2018
Empowering Schools: A consultation on the provisions of the Education (Scotland) Bill
Closing date: 30th January 2018
All services with the Care Inspectorate should have received information about duty of candour which will be implemented on 1st April 2018.
“The overall purpose of the new duty is to ensure that organisations are open, honest and supportive when there is an unexpected or unintended incident resulting in death or harm, as defined in the Act. This duty requires organisations to follow a duty of candour procedure which will include notifying the person affected, apologising and offering a meeting to give an account of what happened. The procedure will also require the organisation to review each incident and offer support to those affected (people who deliver and receive care). The details of this procedure will be set out in Regulations which will be published prior to 1st April 2018. Organisations will have a new requirement to publish an annual report on when the duty has been applied. This will include the number of incidents, how the organisation has complied with the duty and what learning and improvements have been put in place.” (Information sent to all Care Inspectorate registered services, 8th February 2017)
For further information about Duty of Candour, see the dedicated page on the Scottish Government
Staff can undertake an e-module about duty of candour: http://www.knowledge.scot.nhs.uk/scormplayer.aspx?pkgurl=%2fecomscormplayer%2fdutyofcandour%2f
All the information that follows is only guidance from SOSCN's own understanding of the legislation- this may change or develop as time continues, and in no way can this be seen as legal advice. The information has been gathered from a variety of official resources listed at the end, as well as a conversation with the Information Commissioner's Office (ICO).
The GDPR is legislation which will be enacted from the 25th May and it is concerned with how personal data is stored, handled, shared and ultimately destroyed -it recognises an individual's rights to privacy, including that of children.
“Many of the GDPR's main concepts and principles are much the same as those in the current Data Protection Act (DPA), so if you are complying properly with the current law then most of your approach to compliance will remain valid under the GDPR and can be the starting point to build from. However, there are some new elements and significant enhancements, so you will have to do some things for the first time and some things differently.” ('Preparing for the General Data Protection Regulation (GDPR) 12 Steps to Take Now', ICO)
In the first instance you need to declare your 'lawful basis' for processing personal data. There are 6 lawful bases:
“(a) Consent: the individual has given clear consent for you to process their personal data for a specific purpose.
(b) Contract: the processing is necessary for a contract you have with the individual, or because they have asked you to take specific steps before entering into a contract.
(c) Legal obligation: the processing is necessary for you to comply with the law (not including contractual obligations).
(d) Vital interests: the processing is necessary to protect someone's life.
(e) Public task: the processing is necessary for you to perform a task in the public interest or for your official functions, and the task or function has a clear basis in law.
(f) Legitimate interests: the processing is necessary for your legitimate interests or the
legitimate interests of a third party unless there is a good reason to protect the
individual's personal data which overrides those legitimate interests. (This cannot apply
if you are a public authority processing data to perform your official tasks.)”
(https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/ accessed 08-03-18)
You have to meet at least one of these basis, and for out of school care services these would be: 'legal obligation' - it is a legal obligation by the Care Inspectorate that you hold personal data on children in your care, and 'vital interests' - you require personal data on children to ensure the children's wellbeing and safety within your care.
When gathering information about children through completion of registration forms, 'all about me' etc on registration of children, parents (and children) must be aware of why you are gathering this personal data, how this will be stored and what will be done with this data when it is no longer required. So, parents must sign and date terms and conditions/privacy agreement which states they have read and agreed to the terms and conditions associated with the personal data held by the organisation.
The terms and conditions should:
1. State your legal basis to gather personal data in accordance with the GDPR ('legal \obligation' and 'vital interests', and clearly state that is through compliance with Care Inspectorate registration).
2. State how this information will be SECURELY stored. If you use digital files then you need to ensure that all devices storing this data or emails etc are encrypted.
3. State which persons (their professional roles) within the organisation will have access to the full personal data- these are the organisation's 'data processors', and only they should have access to full records.
4. State the organisation's procedures to detect, report and investigate any data breaches.
5. State how any personal data will be shared, if at all with other agencies- for out of school care this will be on a parent (and possibly child) consent basis unless it is a child protection issue which relates to a parent/carer, where child protection procedures come into effect.
6. State that parents and children are able to request to see the personal data which is held.
7. State how often this information will be reviewed - six monthly minimum for information held on children in out of school care.
8. State WHEN personal data will be disposed of, including circumstances and timeframes.
9. State HOW personal data will be SAFELY disposed of.
Please note that this also applies to personal data held on employees and committee/board members. If parents refuse to sign this agreement then you will not be able to hold personal data, and since you have a legal obligation to do so, you cannot provide a service for this child. No agreement, no service.
You should write clear privacy notices for children so that they are able to understand what will happen to their personal data, and what rights they have.
Children have the same rights as adults over their personal data. These include the rights to access their personal data; request rectification; object to processing and have their personal data erased. Again, if they request personal data to be erased which you are required to have by law, then you would not be able to provide a service for them.
Please note that photographs can be considered personal data if the person can be identified so signed consent from children and parents should be given before photographs are used in the public realm such as published materials, website, social media etc. Also, children (and adults) will have recourse to request that these images are deleted at a later date from online resources.
So you can ask for general consent from children and parents for photographs which will be used within the service e.g. floor books, information folders, children's own folders etc however, you will require specific and additional written consent if you wish to use a particular photograph on a website, facebook, twitter etc. if a child is identifiable. You can still use photographs of activities showing hands etc without specific consent since children are not personally identifiable.
Employment files must also be treated in the same way as children's records- the GDPR relates to all personal data held by an organisation.
'Preparing for the General Data Protection Regulation (GDPR)'
'Getting ready for the new data protection law. Eight practical steps for micro business owners and sole traders.'
Taking photos in schools
A huge congratulations to the services who have just been awarded their new Achieving Quality Scotland awards. Well done to all involved.
“We are delighted with our AQS Award! Our Out of School Care team do a fantastic job and the children thoroughly enjoy the experiences on offer through our holistic approach. The quality improvement framework process proved invaluable allowing us to reflect on and improve our approaches as we prepared and collated our portfolio over several months. As we aim for continuous improvement we look forward to working towards the gold star.”
Sarah Chapman, Childcare Manager: Milton of Leys Primary School
If you woud like to find out more about AQS, then please see this link:
Over the last year, Greig Cavanagh has delivered SOSCN Physical Activity and Wellbeing training to over 25 services, reaching nearly 3000 children and over 2000 families. Training has taken place in local authorities including Scottish Borders, Glasgow, South Ayrshire, Dumfries & Galloway, North Lanarkshire, South Lanarkshire, Renfrewshire, East Renfrewshire. Feedback has always been excellent or good and most participants reported that they would promote and use what they learner in their service.
For further information about requirements, what is involved with the training,
and for information about how to book, please follow this link:
Free online training course delivered through Future Learn that is relevant to out of school care services:
“Develop an understanding of some of the approaches involved in caring for vulnerable children, with this free online course.
We'll consider what we mean by risk and vulnerability, as well as how we define good enough parenting. We'll think about how children grow and develop, and how we can provide them with containment and security via meaningful relationships and attachments. And we'll look at the particular skills involved in communicating with children and young people.”
Course starts 16 April 2018
The UK government tax-free childcare system is now open for parents in Scotland and can be used to pay for out of school care. Parents can get up to £500 every 3 months (£2,000 a year) for each of their children to help with the costs of childcare.
If parents get Tax-Free Childcare, the government will pay £2 for every £8 they pay their childcare provider via an online account.
It can only be used to pay for registered childcare; the childcare provider must also be registered to deliver the scheme. (Please note this is a new scheme and different to the current childcare vouchers system.)
For further information:
The Care Inspectorate have just published their Improvement Strategy 2017 - 2019. This document:
“presents the direction and focus of the Care Inspectorate's developing approach and contribution to supporting improvement in social care and social work in Scotland for the next two years...
Over recent years, how we go about providing scrutiny and assurance about the quality of care has shifted focus from compliance (what services are doing to meet various standards, procedures, targets and so on) to an overall approach that supports services to improve.” (Care Inspectorate, 2017)
Ongoing self-evaluation will be key for your services in demonstrating how you meet the new Health and Social Care Standards.
As OSC services you should be using the SHANARRI wellbeing indicators and asking yourselves:
Read the full strategy (16 pages): http://hub.careinspectorate.com/media/643020/improvement-strategy-2017-19-online.pdf