Commentary on Sections Part 5 – Child’s plan Section 35 – Preparation of a child’s plan
83.Subsections (1) and (3) have the effect that where a child requires a child’s plan, the responsible authority should prepare the plan unless the responsible authority and a relevant authority agree that it would be more appropriate for the relevant authority to prepare the plan. Subsection (2) provides that where required a plan should always be prepared as soon as is reasonably practicable. Subsection (5) creates an exception for where there are no targeted interventions to be included because a relevant authority has not agreed to them in the terms of section 34(2).
84.Subsection (4) provides that where a relevant authority declines to give its agreement to prepare a plan, the relevant authority must provide a statement of its reasons for declining.
85.Subsection (6) provides that in preparing a child’s plan, an authority must consult the child’s named person where that individual is not employed by the authority. Furthermore, the authority must, so far as reasonably practicable, ascertain and have regard to the views of the child, their parent(s), any other persons as specified by order by the Scottish Ministers and any other persons as it considers appropriate. In having regard to the views of the child, the authority is to take account of the child’s age and maturity. Subsections (8) and (9) provide that the Scottish Ministers may, by order, make further provision as to the preparation of child’s plans, including provisions requiring or permitting a copy of the plan to be given to a particular person or persons within a particular description, in the circumstances described in the order or where the authority considers it appropriate.