Date lodged: 16 September 2016
To ask the Scottish Government what discussions it has had with the Children and Young People’s Commissioner Scotland regarding (a) reversing the presumption of sharing children’s confidential information and (b) developing better guidelines for children’s understanding of confidentiality.
Answered by: Mark McDonald 28 September 2016
The Scottish Government has regular engagement with the Commissioner and his officials. The Commissioner submitted a detailed response to the consultation on the proposal for a Children and Young People Bill, introduced to Parliament in February 2013. Regarding the sharing of children's confidential information, the Commissioner met with officials responsible for Part 4 of the Children and Young People (Scotland) Act 2014 during its development and discussed his views on the provisions in Part 4, and in particular the information sharing duties within sections 26 and 27 of the Act. The Deputy First Minister has recently spoken with the Commissioner about the information sharing duties in the Act as part of his engagement following the Supreme Court judgment on the Named Person judicial review. The Scottish Government remains open to advice from the Commissioner's Office around children's understanding of confidentiality. Currently I am not aware of any official discussions around this matter.