Commentary on Sections Part 9 – Corporate Parenting Section 58 – Corporate parenting responsibilities
140.As noted above, this section sets out the corporate parenting responsibilities. Subsection (1) provides that it is the duty of every corporate parent (where consistent with their other functions): to be alert to matters which could 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 support and services 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 advance their wellbeing; to take such action as it considers appropriate to help those children and young people to access those opportunities and to make use of services, and access the support, which it provides; and to take any other action it considers appropriate to improve the way in which it carries out its functions in relation to those children and young people.
141.Subsection (2)(a) provides that the Scottish Ministers may, by order, modify subsection (1) so as to confer, remove or vary a duty on corporate parents. By virtue of subsection (2)(b) such an order may also provide that subsection (1) is to be read, in relation to a particular corporate parent or particular descriptions of corporate parents, with a modification conferring, removing or varying a duty. The effect of this is that the power may be used to apply different duties to different corporate parents. Orders under subsection (2) are subject to affirmative procedure by virtue of section 99(2).