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Documenting decisions

Scotland in 2024

There is evidence of positive change regarding how decisions are documented, so that the words used about, for, and around children are kind and understandable to them. There is work underway to improve creation and control of information by children and to improve personal story recording, shifting the focus and power to ownership of life stories. There are also examples of projects that are focused on ensuring that people who support children and young people are using caring language and reflecting on how documents can become resources at different points in their life, to help them develop their identities and make sense of their lives.

However, the changes needed are not yet fully embedded, and there is still too much language used in recording practices that is not clear enough and is too ‘system-focused’. Some of those engaged with identified that language appearing ‘too informal’ in certain kinds of contexts for paperwork felt like a barrier to making the necessary changes. More needs to be done to prioritise what matters to children, young people, families, and care experienced adults over the needs of the ‘system’.

Documenting decisions

Where does Scotland need to be by 2030?

By 2030, Scotland will have changed the language of care. Language will be easily understood, positive and not create or compound stigma (Pg 87).

This means:

  • There will be a shared language of care and approach between services and professionals so that families are not navigating between competing standards and expectations (Pg 54).
  • Professionalised language will not be used to describe meetings and experiences (Pg 87). The words ‘respite’ (Pg 88), placement’ and ‘contact’ will not be used (Pg 24) and changes will be made to stop using similar ‘system language’.
  • Society and the media will be mindful of how individual care stories are talked about and publicised. Care experienced people’s experiences will not be sensationalised and everyday examples of real-life scenarios will be promoted instead (Pg 88).
  • Scotland will understand that "language creates realities." Those with care experience will hold and own the narrative of their stories and lives (Pg 69).
  • Simple, caring language will be used in the writing of care files (Pg 69).
  • The workforce will be considerate and write reports in a clear, relatable way, using plain English (Pg 69). Reports will be written with the assumption the young person will read them later (Pg 69).
  • All reports and submissions to a Children’s Hearing will be accurate, of high quality with all information that decision-makers require. Historical information that is not the focus of the reasons for the Hearing discussion will only be included where there is a need to provide context (Pg 42). Decision making in relation to any sibling separation will be accurately recorded and reviewed (Pg 62).

These statements and the page numbers referenced are taken from the promise report, published when the Independent Care Review concluded in 2020.

Where does Scotland need to be by 2030?

The route map to get there

Relational practice relies on children, families, and care experienced adults trusting that their voice will be heard in decisions that affect them. Accurate record keeping that can evidence views were sought through participation and engagement and listening, that views were taken account of, and that views informed any decision is critical. When documenting decisions, respecting the right to access care records needs to be front of mind.

Consultation and Legislation

July: The Scottish Government put out a consultation on the Children’s Hearings Redesign which included consideration of changes to language within and around the Children’s Hearings System, informed by the ‘Language Leaders’ work led by Our Hearings Our Voice and supported by the Children’s Hearings Improvement Partnership.

October: The Scottish Government launched the Developing a universal definition of ‘care experience’ consultation. The consultation seeks to consider the potential advantages of introducing a universal definition such as increasing access to rights and entitlements and making language more ‘considerate and consistent’, and disadvantages, including potentially complicating the legal and legislative landscape further.

This consultation also includes consideration of wider language relating to care including overly formal language, legal language, and acronyms.

Reports

July: Social Work Scotland published the Accessing Records in Scotland: What people with care experience tell us about the Right of Access report.

September: The Scottish Government published Keeping The Promise to our children, young people and families: progress update 2024 which reaffirms commitment to and funding for the Each and Every Child initiative for Phase 4 (2024-2026) to shift public understanding, consolidate practice, and change culture around language across organisations, individuals and communities.

Groups

January: A Children’s Hearings Redesign Board was established, co-chaired by COSLA and Scottish Government. The Board notes a focus on inclusion of voice in the process of reform and redesign. See Listening for more.

Consultation and Legislation

February: The Scottish Government publish the analysis of the Children's Hearings Redesign consultation.

May: As part of the Programme for Government 2025 to 2026, the Scottish Government announced plans for the Children and Young People (Care) (Scotland) Bill to be brought forward ahead of the summer recess.

Ongoing: More thought is needed to understand the legal impact of changing terminology. Current legal terms are not seen as ‘care-based,’ but changing them while keeping professional communication clear is challenging. Some professionals also worry that new language may feel too informal for internal use.

Certain terms, like ‘Reporter’ or ‘Children’s Hearing,’ would require legal changes, so any updates must be carefully planned. More work is also needed to make language accessible for people with disabilities, low literacy, or non-English speakers.

Ongoing: Further investigation and consideration is required regarding the use of jargon, specialist terms and legal language, particularly for people with disabilities, low levels of literacy and non-English speakers. There remains more work to be done by organisations to make language more inclusive.

Ongoing: Local Authorities and other organisations must continue to create and implement language policies. Reflections and learning should be captured and shared regarding how to move these policy changes into workplace culture changes.

Collaboration

Ongoing: The Community of Practice for Siblings continues to bring together people working across the sector to collaborate and learn about best practice related to siblings and sibling-like relationships and ensuring their voices are captured in decision-making processes. 

The actions outlined in the Voice foundation are fully embedded at every stage to progress actions on Documenting decisions.

What is helping?

There is evidence of positive changes in the culture around the use of language since 2020. Many organisations claim rights-based and trauma-informed approaches that take language into account have been widely adopted throughout the ‘care sector’.

There continues to be good work in relation to making changes to ‘system language.’ This includes Our Hearings Our Voice (OHOV’s) Language Leaders work with Children’s Hearings Improvement Partnership, and COSLA leading work on definitions around ‘at risk of becoming looked after’. This type of work remains complex given legal and legislative meanings of some of these terms. Language Leaders work also includes the creation of tools to support understanding (e.g. glossary of abbreviations, guidance on language, stop/go cards, ‘I don’t understand’ cards).

A 'Language that Cares’ guide and animation was launched alongside Articulate Animation with Scottish Children’s Reporters Administration (SCRA), Childrens Hearings Scotland (CHS) & Our Hearings, Our Voice (OHOV) in 2024. Other examples of positive practice include the development of Language Policies, Language Groups and Language Charters; the renaming of ‘Corporate Parenting Boards’; and training on the impact of language used in statutory reports on children, young people and families. Some organisations and Local Authorities have also reported a focus on ‘reframing our language’ and ‘creating a language of care’.

The Scottish Government continues to provide funding to the Each and Every Child Initiative which is working to create a fresh and inspiring narrative of care to shift public attitudes and tackle the stigma that can be associated with care experience. Since 2020, Each and Every Child have been approached by over 130 organisations across Scotland to deliver bespoke training and the framing toolkit.

Education Scotland has worked collaboratively with the West Partnership Promise Team to develop ‘The Keeping the Promise Award programme’. The award aims to raise awareness and understanding of the promise and support consistency of language, messaging, practice, reduce the stigma and strengthen approaches to inclusion. Two regions and at least six Local Authorities have become early adopters and are already training trainers or delivering the programme in their schools.

The Information Commissioner’s Office are looking at information rights of care experienced people. They have committed to improving the support they provide to both people who grew up in the 'care system' in the UK and the organisations that hold their information.

Who must act?

Here is what matters to children and families

My views and experiences, and the views and experiences of people who are important in my life, are recorded, included and acted on in a meaningful way. 

The words people use when they are speaking or writing do not make me feel different, embarrassed, singled out or blamed.

The language used about and around me is kind and understandable to me.

Those who support me have listened to and recorded who I consider to be my family and the people and things that matter to me.

Find out more about the what matters questions here.

Also connected to this theme

Mapping

This is how Plan 24-30 relates to other frameworks and plans

Independent Care Review conclusions  Plan 21-24 priority area
the promise pgs.10; 24; 32; 39; 42; 69; 87 Language
  Listening
  Children's rights
  What matters to children and families
  Supporting the workforce
  A good childhood
  Whole family support

 

 

UNCRC GIRFEC
Articles 2; 3; 8; 12; 12; 20 Safe
Concluding observation 17b Included
  Respected