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Publication - Consultation Paper

Healthcare in schools: draft guidance

Published: 20 Jan 2017
Part of:
Education, Health and social care
ISBN:
9781786527592

Guidance for NHS boards, education authorities and schools on supporting children and young people with healthcare needs in schools.

54 page PDF

478.7kB

54 page PDF

478.7kB

Contents
Healthcare in schools: draft guidance
Footnotes

54 page PDF

478.7kB

Footnotes

1. Under the Public Bodies (Joint Working) (Scotland) Act 2014, a number of the Health and Social Care Partnerships across Scotland have integrated children's health and/or social care services.

2. Human Medicines (Amendment) (No. 2) Regulations 2014

3. In areas where the responsibility for health services for children and young people has been delegated to a Health and Social Care Partnership, under section 25(3) of the Public Bodies Joint Working (Scotland) Act 2014, this guidance applies to the Partnership and should be taken into account when preparing a strategic plan and commissioning the services to which this guidance relates.

4. Guidance on the Administration of Medicines in Schools, Scottish Executive, 2001

5. National Health Service Reform (Scotland) Act 2004

6. Clinical and Care Governance Framework, Public Bodies (Joint Working) (Scotland) Act 2014, Scottish Government, 2015

7. NHS HDL 74 Clinical Governance Arrangements, Scottish Executive, 2001

8. NHS MEL 29 Clinical Governance, Scottish Executive, 2000

9. NHS MEL 75 Clinical Governance, Scottish Executive, 1998

10. How good is our school?, 4th edition, Education Scotland, 2015

11. Education authorities, schools and NHS Boards have a duty under the Equality Act 2010 to provide reasonable adjustments for disabled children and young people. Under it, the responsible body of a school is the education authority for public schools, the managers of a grant-aided school and the proprietors of an independent school.

12. Section 39 of the National Health Service (Scotland) Act 1978

13. Education (Scotland) Act 1980

14. Section 1 of the Education (Scotland) Act 1980

15. Section 30 of the Education (Scotland) Act 1980

16. Section 19 of the Education (Scotland) Act 1980

17. Section 32-44 of the Education (Scotland) Act 1980

18. Section 57 of the Education (Scotland) Act 1980

19. Section 2 Age of the Legal Capacity (Scotland) Act 1991

20. Part 1 of the Children (Scotland) Act 1995

21. Data Protection Act 1998

22. A new general data protection regulation will replace the Data Protection Act 1998 in May 2018.

23. Section 1(2) of the Data Protection Act 1998

24. Section 2 of the Data Protections Act 1998

25. Adults with Incapacity (Scotland) Act 2000

26. Section 1 of the Standards in Scotland's Schools etc. Act 2000

27. Section 2 of the Standards in Scotland's Schools etc. Act 2000

28. Section 1 of the Education (Disability Strategies and Pupil Educational Records (Scotland) Act 2002

29. Regulation 6 of the Pupils' Educational Records (Scotland) Regulations 2003

30. Education (Additional Support for Learning) (Scotland) Act 2004, the Education (Additional Support for Learning) (Scotland) Act 2009 and the Education (Scotland) Act 2016. The provision in the 2016 Act are expected to commence in 2017.

31. Supporting Children's Learning Code of Practice, Scottish Government, 2010

32. The Equality Act 2010

33. Technical Guidance for Schools in Scotland, Equality and Human Rights Commission, 2014

34. http://www.equalityhumanrights.com/

35. Guidance on reasonable adjustments for disabled pupils Scotland, Equality and Human Rights Commission, 2014

36. The Public Bodies (Joint Working) (Scotland) Act 2014

37. Children and Young People (Scotland) Act 2014

38. Part 1 of the Children and Young People (Scotland) Act 2014

39. Schedule 1 of the Children and Young People (Scotland) Act 2014

40. These duties are expected to come into force in April 2017, with the first reports due in 2020.

41. Part 3 of the Children and Young People (Scotland) Act 2014

42. Human Medicines (Amendment) (No. 2) Regulations 2014

43. Human Medicines Regulations 2012

44. Convention of the Rights of the Child, United Nations, 1989

45. https://education.gov.scot/scottish-education-system/Broad%20general%20education

46. How good is our school, Fourth Edition, Education Scotland, 2015

47. The National Improvement Framework for Scottish Education, Scottish Government, 2016

48. Guidance on the education of children and young people unable to attend school due to ill-health, Scottish Government, 2015

49. https://education.gov.scot/scottish-education-system/policy-for-scottish-education/policy-drivers/Developing%20the%20Young%20Workforce

50. Pre-Birth to Three, Positive Outcomes for Scotland's Children and Families, National Guidance, Learning Teaching Scotland, 2010

51. Building the Ambition, National Practice Guidance on Early Learning and Childcare, Children and Young People (Scotland) Act 2014, Scottish Government, 2014

52. Health for all children 4: Guidance on Implementation in Scotland, Scottish Executive, 2005

53. Refresh of HALL 4, Reinforcing the key messages, CEL 15, Scottish Government, 2010

54. A new look at HALL 4, The Early Years Good Health for Every Child, Scottish Government, 2011

55. The Scottish Child Health Programme, Guidance on the 27-30 month review, Scottish Government, 2012

56. Universal Health Visiting Pathway in Scotland - Pre Birth to Pre School, Scottish Government, 2015

57. Role of the Child Health Commissioner, CEL 19, Scottish Government, 2011

58. Children's rights are to be further extended under the Education (Scotland) Act 2016 once the relevant provisions are commenced. This will give children a range of rights under Education (Additional Support for Learning) (Scotland) Act 2004 (as amended).

59. Parental consent is only required if the medical practitioner feels that the child does not have sufficient understanding. However, where parental consent is not legally required, good practice would seek to involve parents/carers, with the child's consent.

60. Parents/carers of children under 16 have the same rights as young people under the Education (Additional Support for Learning) Scotland) Act 2004 (as amended).

61. Section 14 of the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended)

62. Section 23 of the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended)

63. Section 26(2)(f) of the Education (Additional Support for Learning)(Scotland) Act 2004

64. Section 26 of the Education (Additional Support for Learning)(Scotland) Act 2004

65. Traditionally the school health team (or service) has provided a wide service ranging from health promotion in schools, immunisation and work with children and families with additional needs.

66. As set out in Public Health Nursing Services - Future Focus (CEL 13), Scottish Government, 2013, the qualified school nurse role is being refocused to provide a clear distinction between the qualified school nurse role and role of the wider school health team which may include healthcare support workers, community children's nurses and other registered nurses working within schools. Going forward the qualified school nurse role will centre on work with children, young people and their families with additional needs and a number of priority areas (looked after children, mental health and well-being, substance misuse, domestic abuse, youth justice, young carers, homeless families and children, transition periods and child protection). The wider school health team will lead on providing other key public health interventions and services within schools such as immunisations, health zones; height and weight. Following initial testing it is envisaged roll out of this refocused role will take place in 2017/18.

67. Where it has been agreed that a Child's Plan should be prepared, there will be a lead professional to make sure that the Child's Plan is managed properly and to co-ordinate the support described in the plan.

68. Common Core of Skills, Knowledge & Understanding and Values for the "Children's Workforce" in Scotland, Scottish Government, 2012

69. This framework includes the Data Protection Act 1998 and the Pupils' Educational Records (Scotland) Regulations 2003.

70. http://enquire.org.uk/publications/factsheets/resolving-disagreements

71. The Schools (Health Promotion and Nutrition) Scotland Act 2007 places a duty on education authorities and managers of grant-aided schools to endeavour to ensure that public schools and grant-aided schools are health-promoting.

72. Under the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended), a
Co-ordinated Support Plan is a statutory plan required if a child or young person's needs will last a year or more and will require significant additional support from education and more than one other agency.

73. A guide to good practice in the management of controlled drugs in primary care - Scotland, Version 2.0, September 2014

74. http://www.nhsinform.co.uk/health-library/articles/a/anti-platelets-aspirin-low-dose/introduction/

75. https://www.gov.uk/drug-safety-update/codeine-for-cough-and-cold-restricted-use-in-children

76. Paragraph 12 of Schedule 4 of the Waste Management Licensing (Scotland) Regulations 2011

77. http://www.sepa.org.uk/regulations/waste/waste-carriers-and-brokers/

78. https://forms.sepa.org.uk/site/scripts/xforms_form.php?formID=51&return
URL=http://online.sepa.org.uk/apex/pctw_return_from_jadu?p=217:340:3657112044583::::%26

79. http://www.sepa.org.uk/regulations/waste/special-waste/clinical-waste/

80. Health and Safety on Educational Excursions - A Good Practice Guide, Scottish Executive, 2004

81. Supporting you at college, A guide for people with additional support needs in Scotland's colleges, Scottish Government 2015-16 (revised annually)

82. Human Medicines (Amendment) (No. 2) Regulations 2014

83. The Human Medicines Regulations 2012

84. Regulation 27 of the Human Medicines (Amendment) (No. 2) Regulations 2014 amends Schedule 17 of the Human Medicines Regulations 2012 to set out the principles of supply to schools.

85. School is defined in section 22 of the Human Medicines (Amendment) (No. 2) Regulations 2014 with reference to the definition in section 135(1) of the Education (Scotland) Act 1980 as meaning "an institution for the provision of primary or secondary education or both primary and secondary education being a public school, a grant-aided school or an independent school, and includes a nursery school and a special school"; and the expression "school" where used without qualification includes any such school or all such schools as the context may require.

86. British guideline on the management of asthma

87. Asthma quality standard, NICE, 2013

88. Regulation 27 of the Human Medicines (Amendment) (No. 2) Regulations 2014 amends Schedule 17 of the Human Medicines Regulations 2012 to permit persons selling or supplying prescription only medicines comprising salbutamol inhalers, subject to the condition that the principal or head teacher of the school has to present a signed order stating the name of the school, the purpose for which the medicine is required and the total quantity, and provided the purpose is for the supply of the medicine to pupils in an emergency.

89. https://forms.sepa.org.uk/site/scripts/xforms_form.php?formID=51&return
URL=http://online.sepa.org.uk/apex/pctw_return_from_jadu?p=217:340:3657112044583::::%26

90. Section 20 of the Equality Act 2010

91. Reasonable adjustments for disabled pupils Scotland, Equality and Human Rights Commission, 2014

92. Technical Guidance for Schools in Scotland, Equality and Human Rights Commission, 2014

93. Section 149 of the Equality Act 2010

94. Public Authorities in Scotland - Who is covered by the Specific Duties under the Public Sector Equality Duty?, Equality and Human Rights Commission, 2015

95. The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012, as amended

96. Technical Guidance on the public Sector Equality Duty Scotland, Equality and Human rights Commission, 2014

97. For further guidance on the public sector equality duty visit the Equality and Human Rights Commission website at https://www.equalityhumanrights.com/en/advice-and-guidance/non-statutory-guidance-scottish-public-authorities.

98. Human Medicines Regulations 2012

99. http://www.mhra.gov.uk/Howweregulate/Medicines/Availabilityprescribingsellingandsupplyingof
medicines/ExemptionsfromMedicinesActrestrictions/PatientGroupDirectionsintheNHS/index.htm

100. https://www.gov.uk/government/organisations/medicines-and-healthcare-products-regulatory-agency

101. Regulation 238 and Schedule 19 of the Human Medicines Regulations 2012

102. Controlled Drugs (Supervision of Management and Use) Regulations 2013

103. The Health and Safety at Work etc Act 1974

104. Management of Health and Safety at Work Regulations 1999

105. Education (Schools and Placing Information) (Scotland) Regulations 2012

106. Paragraph 12 of Schedule 4 of the Waste Management Licensing (Scotland) Regulations 2011


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