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Equalities and Children's Rights Impact Assessment on Exclusions on Care Experienced Children and Young People

North Ayrshire Council · 26 March 2025
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NORTH AYRSHIRE COUNCIL 
26 March 2025   
North Ayrshire Council 
Title:    Equalities and Children’s Rights Impact Assessment:
Exemption of care experienced learners from the policy on
school exclusion 
Purpose:  To provide Council with an equalities and children’s rights impact
assessment on whether care experienced learners should be
exempt from the policy on school exclusion 
Recommendation:  It is recommended Council:
a) Notes the content of the equalities and children’s rights impact
assessment, 
b) Approves the recommendation that the option to exclude from
school as a last resort should be retained, 
c) Tasks the education service to further strengthen early
intervention and preventative approaches, in line with the
evidence presented through the ECRIA, with a view to
minimising the number of excluded pupils who are care
experienced, and to work towards meeting the policy intent of
the Promise. 
1. Executive Summary 
1.1 This Equalities and Children’s Rights Impact Assessment (ECRIA) follows a request
from North Ayrshire Council on 18th of September 2024 for an assessment to be
undertaken to explore the implications linked to potentially ending the practice of
excluding care experienced children and young people from school. 
1.2 The ECRIA undertaken is cognisant of the United Nations Convention on the Rights of
the Child (Incorporation) (Scotland) Act 2024 and Scottish Government’s Promise Plan
24-30 objectives. 
1.3 The ECRIA was undertaken by Education in consultation with representative(s) from
the HSCP and the Council's Equalities Officer. It has been informed by a range of
evidence sources, as well as direct engagement with: care experienced learners; the
wider school population; and ASN coordinators in schools supporting the care
experienced school population. 
1.4 The ECRIA evidence indicates the practice of excluding care experienced learners from
education can have both positive implications for care experienced learners and
negative implications through the potential to reduce consequences associated with

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incidents of violence and aggression in schools. There can also be impacts on the wider
school community which are important to take into account. These negative impacts
might fall on any part of the wider school community, including care experienced
children and young people themselves and groups with other statutory protected
characteristics. 
1.5 Balancing these various impacts, it is recommended that the existing policy position to
retain the option of excluding care experienced learners (and other learners) from
education is continued. In some instances, there can be positive impacts of such
practice, and it would be restrictive to remove the option in its entirety. Equally, we want
to support our care experienced children and young people to have positive outcomes,
and education is an important component of that ambition. Therefore, it is recommended
this remains a last resort consequence for the most serious incidents of violence and
aggression. In addition, we recommend that the education service is tasked with
undertaking work to strengthen early intervention and preventative approaches in order
to demonstrate our commitment to ‘Keeping The Promise’.   
2. Background 
Wider context 
2.1  Council requested on the 18th of September 2024 for an Equalities and Children’s Rights
Impact Assessment (ECRIA) to be completed to explore the implications of potentially
ending the practice of excluding care experienced children and young people from
school. 
2.2 In July 2024, the United Nations Convention on the Rights of the Child (Incorporation)
(Scotland) Act 2024 came into effect. The Act provides protection for the human rights
of children and young people in Scotland, which includes the right to education as part
of Article 28. In addition, Scottish Government’s The Promise 24-30 plan provides a
clear policy intent to end the practice of excluding care experienced learners or the
reduction in care experienced learner timetables to such an extent they are denied their
right to education. In particular, it states:   
“Scotland must not exclude care-experienced children from education or reduce their
timetable to such extent that they are denied their rights to education. The formal and
informal exclusion of care-experienced children must end”. 
2.3 An ECRIA was completed to explore the implications linked to the practice of ending
exclusions of care experienced learners from school. This included engagement with
the following groups:  
a) Care experienced learners via North Ayrshire care experienced Champion’s
Boards and MCR Pathways coordinators 
b) ASN coordinators across North Ayrshire primary and secondary schools 
c) Secondary school aged pupils from the wider school pupils

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Summary statistics 
2.4 For context, the table below provides the total number of care experienced young
people educated in North Ayrshire schools, at the date of the annual school census, by
looked after status over the last 5 years. In 2023-24 academic session, care
experienced learners represented 4.7% of the whole school population. 
September
Census
Looked
after away
from home
Looked
after at
home
Previously
Looked after
Total Care
Experienced
2020 370 217 322 909
2021 346 208 294 848
2022 342 204 296 842
2023 321 149 344 814
2024 298 123 297 718 
2.5 The table below provides an overview of exclusion incidents and numbers of pupils
excluded from education. These are not the same as some pupils may be excluded on
more than one occasion (i.e. so they would record as one excluded pupil, but potentially
more than one exclusion incident). This table highlights the number of exclusion
incidents of care experienced pupils is relatively stable ranging from 72 to 66 over the
last three full academic years. The number of care experienced learners excluded is
also relatively stable ranging between 41 and 37 over the last three full academic years. 
Number of Incidents of
Exclusion Number of Pupils Excluded
School
session North
Ayrshire - all
school pupils
Of whom:
Care
Experienced
Pupils
North
Ayrshire - all
school pupils
Of whom:
Care
Experienced
Pupils
2021/22 321 72 205 41
2022/23 385 63 239 37
2023/24 389 66 261 40
2024/25* 239 39 183 29
* August 2024 to the end of February 2025 
2.6 The table below now outlines North Ayrshire’s exclusion incidents per 1000 pupils and
corresponding national data for all pupils in Scotland, which is collected every second
year. In 2022-23, the rate of exclusion incidents per 1000 pupils was higher in North
Ayrshire than the corresponding national figure. Broadly speaking, the rate of exclusion
incidents is about four times greater for care experienced pupils in North Ayrshire than
it is across the whole pupil cohort in North Ayrshire. Unfortunately, national data for the
full care experienced cohort is not collected by Scottish Government and consequently
no national comparison can be drawn for this group. We do, however, know that the
national rate of exclusions among pupils looked after within the year was 97 per 1,000
pupils in 2022/23.

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Exclusion Incidents per 1000 pupils
Academic
session
All Pupils in
Scotland (Primary,
Secondary, ASN
schools)
All North Ayrshire
Pupils (Primary,
Secondary, ASN
schools)
Care Experienced
Pupils - North
Ayrshire
2021/22 n/a 17.9 84.9
2022/23 16.6 21.7 76.0
2023/24 n/a 22.2 83.5 
2.7 Finally, the table below provides an overview of the average length of an exclusion in
half days. This data is published every two years for all pupils in Scotland. This table
shows the average of length of an exclusion in North Ayrshire pupils is shorter than
the corresponding national figure for all pupils. However, the average length of an
exclusion for care experienced pupils in North Ayrshire is slightly greater than for all
pupils. 
Academic
session
All Pupils in
Scotland (Primary,
Secondary, ASN
schools)
All North Ayrshire
Pupils (Primary,
Secondary, ASN
schools)
Care Experienced
Pupils - North
Ayrshire
2021/22 n/a 3.3 3.6
2022/23 4.0 3.4 3.9
2023/24 n/a 3.4 3.8 
Wider evidence and guidance 
2.8 Research undertaken in March 2024 by the Centre for Excellence for Children’s Care
and Protection (CELCIS) into the formal exclusions of care experienced children and
young people in Scotland suggests that all 14 local authorities that participate in the
virtual school head teachers’ network have exclusion policies that make explicit
reference to care experienced learners. At this point, only one local authority was in the
process of writing a policy to end formal exclusion for care experienced learners. The
virtual head teachers’ network is a group of 14 head teachers who have responsibility
for education of care experienced learners in their local authority. 
2.9 The Scottish Government’s ‘Included, Engaged and Involved 2’ (IEI2) lays out key
principles surrounding exclusion which include exclusion being used as a last resort
where there is no appropriate alternative. The wellbeing of the young person is a crucial
consideration, and the time is to be used constructively to resolve the situation for all
and to ensure everything is in place to mitigate against a recurrence. Alongside
extensive checklists for establishments, there is a clear definition of when an exclusion
can be considered. This reiterates that there is a high threshold to be met before moving
to exclude. IEI2 insists establishments do not exclude a pupil unless the authority "are
of the opinion that the parent of the pupil refuses or fails to comply, or to allow the pupil
to comply, with the rules, regulations, or disciplinary requirements of the school or
consider that in all the circumstances to allow the pupil to continue his attendance at
the school would be likely to be seriously detrimental to order and discipline in the school
or the educational well-being of the pupils there." The document also notes other issues
which are important, such as “The wellbeing and safety of the whole school community
should also be taken into account when considering exclusion.” In this regard, it

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explicitly recognises the complexity, sensitivity and multi-faceted nature of such
decisions. 
2.10 In relation to Looked After Children, it states: “In all cases prior to exclusion, the
Designated Manager for Looked After Children within the school, should involve the
child or young person’s lead professional, as well as the child’s parent with a view to
considering the implications and potential impact on wellbeing that exclusion can have.” 
2.11 Limited research has been carried out into the benefits of exclusion, and it is accepted
that exclusion in and of itself does not improve behaviour in schools. Establishments
have a wide range of supports and approaches to ensure that underlying issues are
identified through the Staged Intervention process and that supports are sought,
implemented, reviewed and evaluated on a regular basis. Exclusion is never used in
isolation or in the absence of other supports and enhancements to a young person’s
educational provision. However, exclusion may be used to: 
• Provide time and space for the young person to calm down and consider their
actions
• Provide time for the establishment to review or create personal risk assessments
and support plans for the young person in question
• Provide time for the establishment to make adjustments to their educational
experience upon return to school, removing any barriers or triggers as far as
possible as well as engaging supports from other agencies
• Ensure the safety of other learners and staff
• Provide time and space for caregivers to reflect on the reasons for the exclusion and
to work with staff to plan for a safe return 
2.12 Where children are excluded from school, they will continue to access education
provision at home during the period of their exclusion. On this, IEI2 states: “The
education authority should seek to provide the quality, quantity and range of education
which adheres, as far as is practicable, to that which was available to the child or young
person before they were excluded... Any existing involvement in non-school based
learning should continue. These include college placements, therapeutic support, or
mentoring. It may be necessary to provide any such support in an environment outwith
the school building during the period of exclusion.” This ensures continuing access to
education throughout. This takes the form of online learning as well as the provision of
additional course work and continuation of homework tasks. When a learner returns
from exclusion, teaching and support staff ensure that learners are supported to catch
up with any aspects of their learning which have been missed or require reinforcement. 
Assessment 
2.13 The completion of the ECRIA and gathered evidence indicates both positive and
negative implications linked to the proposal to end the practice of excluding care
experienced learners. These implications are primarily: 
2.13.1 A positive impact may occur for care experienced learners by reducing barriers
to accessing their full educational entitlement within a school and right to an education;
however, this is only applicable for instances when the young person remains able to
engage with school-based education.

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2.13.2 A negative impact may occur through increasing prevalence of dysregulated
behaviour, such as incidents of violence and aggression, and disruption to learning
which impacts every child’s right to an education. It is important to note that these
negative impacts can fall equally on care experienced children and young people as
they can on the rest of the school population. Children and young people with other
protected characteristics may be particularly impacted. Any incidents of violence and
aggression that do occur are likely to have Health and Safety implications, and these
needs to be considered in light of the Council's duty of care towards other pupils and
staff. 
2.14 Section 9 of the ECRIA recommends the option of excluding care experienced learners
from education is retained. This is due to the balance of positive and negative
implications as outlined in section 2.13.1 – 2.13.2, although should only be deployed as
a last resort where there is considered to be no appropriate alternative. In essence, this
means that there would need to be exceptional circumstances for it to be justified, and
the education service will give consideration as to whether this definition is applied
consistently. 
2.15 It is recognised that there is evidence that can be used to advocate for either outcome.
It is also acknowledged that further work to promote early intervention and preventative
practices would be beneficial to minimise the number of occasions when exclusion of
care experienced learners from school is viewed as a necessary last resort . Actions
that will be explored by the education service include: 
a) Further developing partnership working with education establishments to consider
what can be done to re-engage care experienced learners in education and prevent
repeat exclusions where possible;
b) benchmarking with other local authorities to explore opportunities to enhance local
practice in relation to exclusion of care experienced learners;
c) Reviewing application of the ‘last resort’ criteria, to ensure that this is applied
consistently and only in exceptional circumstances.
d) considering the role of extended outreach to enhance focus on meeting needs of
learners with significant levels of need, including care experienced learners. 
2.16 Further, when an exclusion is deemed unavoidable, the Service will seek to ensure a
robust and bespoke educational provision is in place for a care experienced learner
taking into account the aims of The Promise. This plan will seek to uphold the
foundations of The Promise and in particular: 
• Voice: Ensuring that the voices of children… are heard and valued in decision-
making about their care. 
• People: Supporting and nurturing the workforce to develop trusting, compassionate
relationships with children, young people, and families. 
• Scaffolding: Providing the necessary structures, systems, and supports … ensuring
that help, support, and accountability are in place.

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3. Proposals 
3.1 It is recommended Council:
a. Notes the content of the equalities and children’s rights impact assessment, 
b. Approves the recommendation that the option to exclude should be retained.
c. Tasks the education service to further strengthen early intervention and
preventative approaches, in line with the evidence presented through the ECRIA,
with a view to minimising the number of excluded pupils who are care experienced,
and to work towards meeting the policy intent of the Promise. 
4. Implications/Socio-economic Duty 
Financial 
4.1   A decision to progress the practice of ending exclusions of care experienced learners
from school may require additional focus on approaches that enable learner needs to
be met without exclusion as a last resort. Where this has a financial impact, we would
intend to meet it through reprioritisation within the existing education budget. 
Human Resources 
4.2   A decision to progress the practice of ending exclusions of care experienced learners
from school may require additional staff to deliver approaches that enable learner needs
to be met without exclusion as a last resort. As above, we would intend to find any such
staff from reprioritisation within the education workforce. 
Legal 
4.3 We have a statutory duty to consider the impact our policies may have on those with
protected characteristics (Equality Act 2010), our island communities (Islands
(Scotland) Act 2018) as well as the socio-economic impact on our residents (Fairer
Scotland Duty (2018) and Consumer (Scotland) Act 2020). The ECRIA appended to
this report considers the impacts of the decision to progress the proposed policy. From
a legal perspective, it is relevant to distinguish between these groups and care
experienced children and young people, with the latter ‘treated’ by NAC as having a
protected characteristic. 
4.4  It is unlawful for public authorities to act in a way that is incompatible with the United
Nations Convention on the Rights of the Child. Assessing the impact of proposals on
children’s rights helps to support good decision making and practice and ensure that
decisions are necessary and proportionate when balanced against any impact on
children’s rights. The ECRIA appended to this report considers the impact of the
decision to progress the proposed policy on children’s rights. 
Equality/Socio-economic 
4.4   Equality/socio-economic impacts are noted in the ECRIA appended to this report.

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Climate Change and Carbon 
4.5 None. 
Key Priorities 
4.6 Council Plan 2023-28 strategic aim to transition to a wellbeing economy, delivering
prosperity, wellbeing and resilience for local people and Council Plan actions:
a)  Improving educational attainment and achievement and closing the attainment
gap activities.   
b) Improving outcomes for care experienced young people including
implementation of The Promise 
Community Wealth Building 
4.7 None. 
5. Consultation 
5.1 Output from all engagement is detailed within the Equality and Children’s Right Impact
Assessment (ECRIA) attached at appendix 1. 
Sam Anson
Executive Director (Education) 
For further information please contact Lindsay Morris, Executive Manager (Education),
on 01294 324485. 
Background Papers 
1 – Equality and Children’s Rights Impact Assessment

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Version: 6.0   
North Ayrshire Council
Equality & Children’s Rights Impact
Assessment 
(Full Form) 
Introduction 
This form will assist in carrying out an Equality Impact Assessment and where
appropriate, Socio-Economic, Children’s Rights, Island Communities and
Consumer Duty Impacts of new, revised and existing policies and practices.
Guidance on how to complete assessments is given in the Council’s Equality and
Children’s Rights Impact Assessment Toolkit. 
The form is mandatory and must be published on the Council website once the
policy or practice has been approved.
Section 1: General Details
1.1 Directorate/Service Education: 
Section: Education
1.2 Name of Policy, Practice of Proposal being assessed: 
Exclusion Policy: Consideration of the exemption of learners who are care
experienced from exclusion procedures
Is it New ☒ Existing (being reviewed): ☐ Budget Proposal: ☐
Please insert Budget Reference number (if applicable) N/A
1.3  List of participants in the assessment 
Andrew McClelland (Head of Service)
Lindsay Morris (Executive Manager)
Stewart Robbie (Business Manager)
Louise Lawson (Directorate Support Officer)
Andrew Hale (Team Manager – Policy & Performance)
Kris McDowall (Solicitor - Legal Services)

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1.4  Manager responsible for the impact assessment 
Name: Lindsay Morris Designation: Executive Manager
1.5  Timetable (should be started during the development phase of the proposal)
Date Assessment Started: 12/11/2024
Interim Review Date: 12/11/2025
Final sign off by Head of Service at the end of the form.
Section 2 – Aims and Relevance 
2.1  What is the purpose of the policy practice or proposal?
Council requested at the meeting on 18th of September 2024 for an Equalities
and Children’s Rights Impact Assessment to be undertaken explore the
implications of potential ending the practice of excluding care experienced
learners within North Ayrshire schools.

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Version: 6.0   
Section 3 – Equality and Diversity
3.1  What evidence were you able to access about the relevant needs of protected
groups as outlined in section 3.3 below (Please include your sources – links to
equality providers and evidence can be found in both the toolkit and the
Promoting Equality Page on Connects).
a) North Ayrshire care experienced data:
The table below provides the total number of care experienced young people
educated in North Ayrshire schools, at the date of the annual school census, by
looked after status over the last 5 years. In 2023-24 academic session, care
experienced learners represented 4.7% of the whole school population.
September
Census
Looked after
away from
home
Looked after
at home
Previously
Looked after
Total Care
Experienced
2020 370 217 322 909
2021 346 208 294 848
2022 342 204 296 842
2023 321 149 344 814
2024 298 123 297 718
North Ayrshire Council’s Cabinet receives an annual report on the outcomes for
care experienced learners. The last update was provided in June 2024 and can
be found online. Key messages are as follows:
• Attainment in Literacy and Numeracy in Broad General Education for care
experienced learners have increased for care experienced learners from
2021 figures. The gap between the attainment of all learners and care
experienced learners remains, however it is closing, most significantly in
levels of literacy.
• Performance in Literacy and Numeracy at SCQF levels 4 and 5 is
consistently lower for care experienced leavers than for the overall school
leaver cohort in North Ayrshire. However, North Ayrshire care
experienced school leavers consistently perform better than their
counterparts nationally and in the SWEIC authorities.
• The overall percentage of North Ayrshire care experienced school leavers
entering a positive destination continues to be above the national
performance. In 2023, the number of care experienced school leavers in
a positive destination is 94%, with the gap between care experienced
leavers and all leavers being at 2.6%. The percentage of leavers in
positive destinations continues in an upward trend since 2015.

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b) North Ayrshire’s care experienced learner exclusion data: 
The table below provides an overview of exclusion incidents and numbers of
pupils excluded from school. These are not the same as some pupils may be
excluded on more than one occasion (i.e. so they would record as one excluded
pupil, but potentially more than one exclusion incident). This table highlights the
number of exclusion incidents of care experienced pupils is relatively stable
ranging from 72 to 66 over the last three full academic years. The number of care
experienced learners excluded is also relatively stable ranging between 41 and
37 over the last three full academic years. 
Number of Incidents of
Exclusion
Number of Pupils
Excluded
School
session
North
Ayrshire -
all school
pupils
Of whom:
Care
Experienced
Pupils
North
Ayrshire -
all school
pupils
Of whom:
Care
Experienced
Pupils
2021/22 321 72 205 41
2022/23 385 63 239 37
2023/24 389 66 261 40
2024/25* 239 39 183 29
* August 2024 to the end of February 2025
The table below outlines North Ayrshire’s exclusion incidents per 1000 pupils
and corresponding national data for all pupils in Scotland, which is collected
every second year. In 2022-23, the rate of exclusion incidents per 1000 pupils
was higher in North Ayrshire than the corresponding national figure. Broadly
speaking, the rate of exclusion incidents is about four times greater for care
experienced pupils in North Ayrshire than it is across the whole pupil cohort in
North Ayrshire. Unfortunately, national data for the full care experienced cohort
is not collected by Scottish Government and consequently no national
comparison can be drawn for this group.
Exclusion Incidents per 1000 pupils
Academic
session
All Pupils in
Scotland (Primary,
Secondary, ASN
schools)
All North Ayrshire
Pupils (Primary,
Secondary, ASN
schools)
Care
Experienced
Pupils - North
Ayrshire
2021/22 n/a 17.9 84.9
2022/23 16.6 21.7 76.0
2023/24 n/a 22.2 83.5

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This final table below provides an overview of the average length of an
exclusion in half days. This data is published every two years for all pupils in
Scotland. This table shows the average of length of an exclusion in North
Ayrshire pupils is shorter than the corresponding national figure for all pupils.
However, the average length of an exclusion for care experienced pupils in
North Ayrshire is slightly greater than for all pupils.   
Academic
session
All Pupils in
Scotland
(Primary,
Secondary, ASN
schools)
All North Ayrshire
Pupils (Primary,
Secondary, ASN
schools)
Care
Experienced
Pupils -
North
Ayrshire
2021/22 n/a 3.3 3.6
2022/23 4.0 3.4 3.9
2023/24 n/a 3.4 3.8 
c) Engagement with North Ayrshire Additional Support Needs coordinators: 
In November 2024, Additional Support Needs (ASN) co-ordinators from across
all educational establishments within North Ayrshire were invited to give their
views on the potential impact on their establishment of stopping care
experienced learners from being excluded from school. Attendees included
colleagues from our Private and Voluntary Early Years providers which ensured
representation from across all sectors within North Ayrshire. ASN co-ordinators
include a range of senior leaders from within our primary, secondary, ASN and
early years establishments ranging from Depute Head Teachers to Head
Teachers and Heads of Centre. Around 70 senior leaders were in attendance
and were split into 10 separate tables to work on this exercise. 
Each table was provided with a feedback form querying how the decision to end
the practice of excluding care experienced children and young people from
school may have a positive impact on equality and children’s rights and also how
might this decision have a negative impact. Time was allowed for tables to
discuss and note down their feedback which was then collated and analysed.
The feedback was anonymous, and this allowed for open and honest
conversations to take place amongst colleagues. 
Engagement with primary and secondary staff within establishments, identified
that removing exclusions for care experienced children and young people
(CECYP) would have many positives for the Care experienced learner such as
ensuring a safe environment, protecting their rights and ensuring they have a
sense of belonging. However, staff also noted the negative impact that this will
have on staff within establishments and other children and young people. Care
experienced children and young people require special consideration when there
is a risk of exclusion. There was concern that removing the option of exclusions

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for CECYP would convey a sense of no ‘consequence’ which may allow negative
behaviours to continue. An agreement amongst primary and secondary staff was
also the implications for other young people with protected characteristics and
whether the removal of exclusions only for CECYP would be equitable. 
d) Benchmarking against other local authority provisions:
Centre for Excellence for Children’s Care and Protection (CELCIS) are an
organisation with specialist knowledge concerning the care and protection of
children in Scotland, and work with people at all levels to improve how services
can be developed and delivered to meet the needs of children, young people and
their families. CELCIS recently published survey results on the formal exclusion
of care experienced children and young people in Scotland of which the full report
can be found below: 
Survey_results_on_the_formal_exclusion_of_care_experienced_children_and_
young_people_in_Scotland.pdf.
The survey was issued to local authorities in Scotland and the aim of the survey
was to inform a greater understanding of current practice, provide insight, and
identify key themes. The survey was issued to all 32 local authorities in May 2023
with 14 responding, there was an option for respondents to remain anonymous.
The report was split into 5 headings with key findings noted under each one: 
1. Local authority policies
2. Consulting with children and young people
3. Recording and data
4. Challenging and Supporting
5. Return to school interview
The survey findings outlined in the report highlight some inconsistencies in how
children and young people access support and experience exclusion. The report
includes data from 14 of 32 local authorities so there is potential to further explore
approaches adopted by local authorities who did not respond. Approaches and
strategies proposed by other local authorities are being considered by the
education service leadership team to explore opportunities to strengthen
supports for care experienced learners.  
e) Engagement with care experienced young people in North Ayrshire:
All consultation with care experienced learners was designed to avoid  stigma.
North Ayrshire Council’s Care Experienced Champion’s Board, which is made
up of care experienced young people with a key role in advocating for the care
experienced community, sharing lived experiences, and delivering The Promise
objectives was identified as an appropriate mechanism for engagement on
impact on care experienced learners. This potential change in policy was raised
with care experienced young people by the Champion’s Board at meetings in two
establishments attended collectively by 6 pupils with an anonymous online

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Version: 6.0   
survey completed by 3 young people between the ages of 12-18 years old. Within
the small sample, there was consistency in the responses with the positive
aspect of this proposal enabling care experienced young people to access their
full education and allow work to continue towards exams and future plans.
However, the care experienced young people who completed the form also
indicated the lack of ‘consequence’ may result in disruptive behaviour continuing. 
In addition to engagement with the Champion’s Boards outlined above, direct
consultation took place with two groups of Care Experienced Young People via
MCR pathways mentor co-ordinators in two North Ayrshire secondary schools.
MCR Pathway’s vision is for all young people to experience equality of
education outcomes, career opportunities and life chances and operates within
a model that seeks to build strong relationships between young people, their
coordinator and a mentor from the local community. This was highlighted by the
Corporate Parenting team as a non-stigmatised way to engage with the care
experienced population. 
Engagement with young people via mentor coordinators within establishments,
identified that disruption or dysregulated behaviour can impact progress and
learning as lessons can be interrupted by poor behaviour. In addition, this can
also mean the teacher isn’t providing a full lesson or giving their full attention to
the class due to poor behaviour. Feedback indicated this can leave young
people feeling frustrated and unable to focus. This could indicate that if
exclusion is used, then young people may feel the benefit of dysregulated
behaviour being dealt with. However, when the engagement took place and
young people were asked if exclusion helps to manage behaviour, there was an
overwhelming response that it did not help and often there is no change in the
behaviours when returning to school. Within the feedback, there was one
comment advising that they were unsure what would work better, which would
require to be explored further with suggestions of mitigations detailed within
section 3.8.
f) Engagement with wider school population:
As outlined in section 3.1 (b), most exclusions of care experienced young
people related to incidents of violence and aggression against staff and pupils.
Consequently, the decision to end the practice of excluding care experienced
learners could impact on incidents of violence and aggression in schools. 
As a result, a decision was taken to undertake engagement with secondary aged
pupils across two secondary schools to explore the impact of incidents of
violence and aggression on equality, learning experiences, and children’s rights.
Care was taken to ensure that this engagement was undertaken in a way that
had no specific reference to care experienced learners. These focus groups were
undertaken in February 2025 across two secondary schools within North
Ayrshire, where exclusions have occurred. One focus group featured 8 pupils
between S1 and S3, who had experienced exclusion directly or indirectly via
classmates. The other focus group featured 6 pupils ranging from S1 – S6. All
pupils were provided with an overview of the reason for this engagement and
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Engagement with these two focus groups identified that exclusion does not help
manage or improve behaviour for any child. One focus group noted that whilst
they do not believe exclusion helps to improve behaviour, it does allow for the
pupil to calm down and have some time out of school. The other focus group was
strong in their view that exclusion does not work at all. During the engagement,
both focus groups were asked about the impact of disruptive/dysregulated
behaviour to their progress and learning. Both focus groups had similar feedback
which stated that it can take away from their learning and can be distracting.
Although this feedback was received, both focus groups agreed that exclusion is
not the answer and that alternative mitigations can work within their school.
These examples included giving pupils with dysregulated behaviour time to ‘cool
down’ or provide a safe space for them within the school which would mean there
is no distraction to classes and provides the time that pupil may need.
g) The Promise 24-30 plan:
Scottish Government’s The Promise 24-30 plan outlines an objective to end the
practice of excluding care experienced learners or reduce care experienced
learner timetables to such an extent they are denied their right to education:
“Scotland must not exclude care-experienced children from education or reduce
their timetable to such extent that they are denied their rights to education. The
formal and informal exclusion of care-experienced children must end”.
These objectives provide clear evidence of a national policy intent to end the
practice of exclusion of care experienced learners.
f) National care experienced data:
In August 2024, Scottish Government published its Education Outcomes for
Looked After Children 2022/23 report. This report provides the national context
on educational outcomes for care experienced learners in the following areas:
attendance and exclusion; achievement of curriculum for excellence levels;
attainment levels; and post-school destinations. Key findings from this report
include:
• Across Scotland, the exclusion rates for pupils looked after within the year
have risen for the first time in 12 years, from 78 exclusion per 1,000 pupils
in 2020/21 to 97 exclusions per 1,000 pupils in 2022/23.
• Across Scotland, the exclusion rate for looked after pupils was almost six
times the rate for all pupils in 2022/23. This gap has reduced overall since
2012/13, but, in the latest year, widened for the first time since 2009/10.
• The more recently a pupil was looked after, the higher the exclusion rate.
For instance, the exclusion rate for secondary school pupils who
experienced care since turning 5 was 124 per 1,000 pupils. This increases
to 130 per 1,000 pupils for pupils who experienced care since turning 12,
and 157 per 1,000 pupils for pupils looked after within the last year. 
This report was used as evidence in this ECRIA as it provides an important
national context on outcomes for care experienced learners.

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The full report is provided below: 
Education Outcomes
for Looked After Child  
g) Education policy and evidence on impact of exclusion 
The Scottish Government’s ‘Included, Engaged and Involved 2’ (IEI2) lays out
key principles surrounding exclusion which include exclusion being used as a
last resort where there is no appropriate alternative. The wellbeing of the young
person is a crucial consideration, and the time is to be used constructively to
resolve the situation for all and to ensure everything is in place to mitigate
against a recurrence. Alongside extensive checklists for establishments, there
is a clear definition of when an exclusion can be considered. This reiterates that
there is a high threshold to be met before moving to exclude. IEI2 insists
establishments do not exclude a pupil unless the authority "are of the opinion
that the parent of the pupil refuses or fails to comply, or to allow the pupil to
comply, with the rules, regulations, or disciplinary requirements of the school or
consider that in all the circumstances to allow the pupil to continue his
attendance at the school would be likely to be seriously detrimental to order
and discipline in the school or the educational well-being of the pupils there." 
The document also notes other issues which are important, such as “The
wellbeing and safety of the whole school community should also be taken into
account when considering exclusion.” In this regard, it explicitly recognises the
complexity, sensitivity and multi-faceted nature of such decisions.   
In relation to Looked After Children, it states: “In all cases prior to exclusion,
the Designated Manager for Looked After Children within the school, should
involve the child or young person’s lead professional, as well as the child’s
parent with a view to considering the implications and potential impact on
wellbeing that exclusion can have.”
Limited research has been carried out into the benefits of exclusion, and it is
accepted that exclusion in and of itself does not improve behaviour in schools.
Establishments have a wide range of supports and approaches to ensure that
underlying issues are identified through the Staged Intervention process and
that supports are sought, implemented, reviewed and evaluated on a regular
basis. Exclusion is never used in isolation or in the absence of other supports
and enhancements to a young person’s educational provision. However,
exclusion may be used to:
• Provide time and space for the young person to calm down and consider
their actions
• Provide time for the establishment to review or create personal risk
assessments and support plans for the young person in question
• Provide time for the establishment to make adjustments to their
educational experience upon return, removing any barriers or triggers as
far as possible as well as engaging supports from other agencies
• Ensure the safety of other learners and staff

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• Provide time and space for caregivers to reflect on the reasons for the
exclusion and to work with staff to plan for a safe return
Where children are excluded from school, they will continue to access
education provision at home during the period of their exclusion. On this, IEI2
states: “The education authority should seek to provide the quality, quantity and
range of education which adheres, as far as is practicable, to that which was
available to the child or young person before they were excluded... Any existing
involvement in non-school based learning should continue. These include
college placements, therapeutic support, or mentoring. It may be necessary to
provide any such support in an environment outwith the school building during
the period of exclusion.” This ensures continuing access to education
throughout. This takes the form of online learning as well as the provision of
additional course work and continuation of homework tasks. When a learner
returns from exclusion, teaching and support staff ensure that learners are
supported to catch up with any aspects of their learning which have been
missed or require reinforcement. 
3.2  Are there any gaps in your evidence or areas of uncertainty? 
a) A gap in evidence relates to engagement with the wider primary school
community beyond primary ASN coordinators. Data outlined in section 3.1 (c),
shows most exclusions of care experienced learners occurred in secondary
schools. This provides clear rationale not to engage with primary aged learners
or staff. This was however raised with the Champions Board. A conscious
decision was taken to not engage with primary school aged children due to the
low number of exclusions across this sector. Had engagement taken place, this
would have led to providing children with a level of information around the issue
which may have unduly influenced their thinking. It was agreed this was unlikely
to yield views which were appropriately representative and could unintentionally
lead to stigmatisation. 
b) Parents and carers of current children and young people (including care
experienced learners) were not consulted as part of this ECRIA to avoid potential
stigmatisation or fostering negative relations between people who share a
protected characteristic and those who do not.

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3.3  From the list of protected characteristic groups identified in section 2.3 please
identify any potential positive and negative impacts on any of these protected
characteristics?
Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
Age - Older people, children
and young people – please
identify which categories will
be affected
☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.   
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic because
learners with this protected
characteristic may be more
exposed to the impact of a potential
increase in disruption to the safe
and calm learning environment
schools aim to promote. This
applies equally to care experienced
children and young people as it
does to the rest of the school
population.
Positive – ending practice of
exclusion of care experienced
learners may positively impact care
experienced learners with this
protected characteristic because
this would allow these learners to
continue to access education
provision uninterrupted in an
inclusive learning environment.
Disability - Physical and
Learning
☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.

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Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic because
learners with this protected
characteristic may be more
vulnerable to the impact of a
potential increase in disruption to
the safe and calm learning
environment schools aim to
promote. This applies equally to
care experienced children and
young people as it does to the rest
of the school population.
Positive – ending practice of
exclusion of care experienced
learners may positively impact care
experienced learners with this
protected characteristic because
this would allow these learners to
continue to access education
provision uninterrupted in an
inclusive learning environment. 
Gender reassignment -
Where a person is living as
the opposite gender to their
birth
☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.  
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic because
learners with this protected
characteristic may be more
vulnerable to the impact of a
potential increase in disruption to
the safe and calm learning
environment schools aim to
promote. This applies equally to
care experienced children and

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Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
young people as it does to the rest
of the school population.
Positive – ending practice of
exclusion of care experienced
learners may positively impact care
experienced learners with this
protected characteristic because
this would allow these learners to
continue to access education
provision uninterrupted in an
inclusive learning environment. 
Pregnancy and Maternity ☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.    
Negative – reducing the option to
exclude as a result of incidents of
violence and aggression in
classrooms could negatively impact
pregnant members of staff if they
feel there is an increased risk of
harm in their workplace.

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Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
Race, ethnicity, colour,
nationality or national
origins (including gypsy/
travellers, refugees and
asylum seekers)
☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.    
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic because
learners with this protected
characteristic may be more
vulnerable to the impact of a
potential increase in disruption to
the safe and calm learning
environment schools aim to
promote. This applies equally to
care experienced children and
young people as it does to the rest
of the school population.
Positive – ending practice of
exclusion of care experienced
learners may positively impact care
experienced learners with this
protected characteristic because
this would allow these learners to
continue to access education
provision uninterrupted in an
inclusive learning environment.
Religion or belief (includes
religious and philosophical
beliefs, including no belief)
☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.    
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic because

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Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
learners with this protected
characteristic may be more
vulnerable to the impact of a
potential increase in disruption to
the safe and calm learning
environment schools aim to
promote. This applies equally to
care experienced children and
young people as it does to the rest
of the school population.
Positive – ending practice of
exclusion of care experienced
learners may positively impact care
experienced learners with this
protected characteristic because
this would allow these learners to
continue to access education
provision uninterrupted in an
inclusive learning environment.
Sex - Women and Men ☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.    
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic because
learners with this protected
characteristic may be more
vulnerable to the impact of a
potential increase in disruption to
the safe and calm learning
environment schools aim to
promote. This applies equally to
care experienced children and
young people as it does to the rest
of the school population.
Positive – ending practice of
exclusion of care experienced

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Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
learners may positively impact care
experienced learners with this
protected characteristic because
this would allow these learners to
continue to access education
provision uninterrupted in an
inclusive learning environment.
Sexual Orientation - Lesbian,
gay and bisexual people
☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.    
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic because
learners with this protected
characteristic may be more
vulnerable to the impact of a
potential increase in disruption to
the safe and calm learning
environment schools aim to
promote. This applies equally to
care experienced children and
young people as it does to the rest
of the school population.
Positive – ending practice of
exclusion of care experienced
learners may positively impact care
experienced learners with this
protected characteristic because
this would allow these learners to
continue to access education
provision uninterrupted in an
inclusive learning environment.
Marriage and Civil
Partnership - marriage
☐ ☒ Click or tap here to enter text.

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Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
between same sex couples is
included
Human Rights  ☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.    
Ending the practice of excluding
care experienced learners will
ensure they maintain their right to
education as outlined in UNCRC
Article 28. However, where
exclusion is used as a last resort,
learners continue to access
education provision at home during
the period of their exclusion. This
ensures continuing access to
education throughout.
However removing any option to
exclude as a last resort may
conflict with UNCRC Article 19,
which states that children have the
right to be protected from all forms
of violence, abuse, neglect,
maltreatment, and exploitation.

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Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
Care Experienced - This term
refers to anyone who is
currently in care or has been
for any length of time
regardless of their age and
includes Kinship Care (other
family members); Looked
After at Home (with support
from social work); Residential
Care; Foster Care; Secure
Care; Adoption. 
☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.  
Positive – ending practice of
exclusion of care experienced
learners may positively impact this
group because this would allow
these learners to continue to access
education provision uninterrupted in
an inclusive learning environment.
However, it should be noted
gathered evidence outlined above
indicates the value that can be
found through establishing
consequences for disruptive or
aggressive behaviour.
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic because
learners with this protected
characteristic may be more
vulnerable to the impact of a
potential increase in disruption to
the safe and calm learning
environment schools aim to
promote.

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Protected Characteristic  Yes  No  Please Explain (Positive or
Negative or Neutral)
Other - Poverty,
homelessness, ex-offenders,
isolated rural communities,
carers, part-time workers, or
people in a marriage/civil
partnership
☒ ☐ Exclusion is always a last resort in
education establishments, if a
significant risk of harm is present
for learners or staff: this includes
the learner who has been
excluded.   
Negative - removing any option to
exclude care experienced learners
may have a detrimental impact on
learners within the school with this
protected characteristic (e.g.
poverty) because learners with this
protected characteristic may be
more vulnerable to the impact of a
potential increase in disruption to
the safe and calm learning
environment schools aim to
promote. This applies equally to
care experienced children and
young people as it does to the rest
of the school population.
Positive – ending practice of
exclusion of care experienced
learners may positively impact care
experienced learners with this
protected characteristic because
this would allow these learners to
continue to access education
provision uninterrupted in an
inclusive learning environment.
3.4  Describe any consultation or engagement undertaken, including details of the
groups involved and the methods used.
A range of consultation and engagement activities were undertaken to gather the
supporting evidence referenced in section 3.1. The include:
a) Engagement with care experienced learners via North Ayrshire’s Champions
Board and MCR mentor coordinators
Via the Champions Board, two sessions took place where young people were
informed of the need to undertake this assessment and were given a QR code to
complete a Microsoft Form with their views.

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The Microsoft Form asked the following:
1. How would stopping school exclusion for care experienced young people
positively impact you?
2. How would stopping school exclusions for care experienced young
people negatively impact you?
3. Do you have anything else to add? Considerations, personal feelings
etc?
Key themes and outputs were gathered via the Microsoft Form informed this
assessment.
Tabletop activity undertaken by MCR Pathways co-ordinators in two North
Ayrshire secondary schools exploring:
1. How does disruption or dysregulated behaviour of classmates impact
your progress and learning? (positively or negatively)
2. What works well to manage challenging behaviour and to improve your
learning experience?
3. Do you think exclusion helps to manage challenging behaviour?
Explain. If not, what else do you think would work?
Across these two focus groups there were 11 young people ranging from S1 –
S6 which allowed for a variety of data to be collated. Thematic qualitative data
analysis was used to identify key messages.
b) Engagement with ASN coordinators across North Ayrshire primary and
secondary schools 
Tabletop discussion undertaken with c 70 professionals to gathered views on
the:
1. positive aspects of ending the practice of exclusion of CE learners on
equality and children’s rights
2. negative aspects of ending the practice of exclusion of CE learners on
equality and children’s rights
3. any other considerations in relation to ending the practice of exclusion of CE
learners.
Thematic qualitative data analysis was used to identify key messages.
c) Engagement with secondary school pupils: 
Tabletop activity was led by a Principal Teacher and a Directorate Support
Officer with 14 pupils across two focus groups in two North Ayrshire
secondary schools exploring:
How does disruption or dysregulated behaviour of classmates impact your
progress and learning? What works well to manage challenging behaviour and
to improve your learning experience? Do you think exclusion helps to manage
challenging behaviour?

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Thematic qualitative data analysis was used to identify key messages.
Questions 3.5 – 3.7 refer to the ‘Three Key needs (or aims) of the Equality
Duty’
3.5  Which aspects of the policy eliminate unlawful discrimination, harassment and
victimisation?
Practices of unlawful discrimination, harassment and victimisation are not
evident in the delivery of education in North Ayrshire. Consequently, this policy
is not relevant to this aspect of the Equality Duty. 
3.6  Which aspects of the policy advance equality of opportunity between people
who share a relevant protected characteristic and those who do not?
Ending the practice of excluding care experienced learners in North Ayrshire
education establishments will actively seek to advance equality of opportunity
between care experienced learners and those without a protected characteristic.
This policy will provide care experienced learners with access to more of their
education entitlement, if enhanced capacity is developed within the system to
ensure meaningful engagement is undertaken to enable equality of opportunity
in this area.
Conversely, ending the practice of excluding care experienced learners may
regress equality of opportunity between people who share relevant
characteristics who are still able to be excluded. This was highlighted by ASN
coordinators who were consulted as part of this assessments, who challenged
why care experienced learners specifically should be the only learners who
cannot be excluded due to their protected characteristic.  
3.7  Which aspects of the policy foster good relations between people who share a
protected characteristic and those who do not? (Does it tackle prejudice and
promote a better understanding of equality issues).
A negative impact has been assessed in this area. Data provided in section 3.1
demonstrates the vast majority of exclusions of care experienced learners relate
to incidents of violence and aggression either towards other learners or staff.
Consequentially, the removal of exclusion of CE learners as a last resort in these
circumstances may foster resentment and result in conflict between people who
share a protected characteristic and those who do not. 
3.8  If you have identified any negative impacts of your proposal how will you
mitigate these?
As outlined in section 3.6, if implemented this policy has the potential to regress
equality of opportunity between different protected characteristic groups. Further
work would be required to communicate the rationale for ending the practice of
exclusion for a single protected characteristic group. This could also lead to
conflict as outlined in section 3.7. 
As outlined in section 3.7, if implemented this policy has the potential for
resentment and conflict between people who share a protected characteristic

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and those who do not. If implemented this policy will require close monitoring
with further work undertaken in establishments to mitigate and emphasise
violence is not tolerated within our community. Further consideration must also
be given to how those perpetrating violence, which could resort to exclusion, are
supported within their establishments when it is apparent tension exists following
an incident. Time dedicated to considering the incident, impact of incident and
updating risk assessments to keep staff, the learner and other learners safe from
harm.
Feedback received from all engagement groups (detailed in section 3.4) provided
a range of mitigations if the proposal to remove exclusions for care experienced
young people is accepted. These mitigations include removing any disruption
from class, praising good behaviour more and having conversations with pupils
rather than raising voices. The recurring feedback through all of the engagement
undertake was that to manage challenging behaviour and improve the learning
experiences, sometimes young people just need space to calm down and take
some time out.
3.9  Is the policy or practice intended to promote equality by permitting positive
action or lead to positive outcomes for people based on a protected
characteristic?
The intention behind the practice of ending exclusion of care experienced
learners is to promote equality and deliver positive outcomes for this protected
characteristic group. However, engagement undertaken as part of this
assessment has highlighted unintended consequences of a blanket ban on
exclusion for this specific protected characteristic group of learners. The impact
and actions of learners, particularly in relation to violence and aggression, can
have a detrimental impact on other learners with protected characteristics and
impact on the human rights of children to be protected from all forms of violence
and abuse. Exclusion of any learner is always seen as a last resort and can serve
the purpose to allow staff to reflect, plan and ensure risk assessments are revised
to meet the child or young person’s needs. In addition, mitigation section below
proposes work is undertaken to further strengthen early intervention and
preventative practices, with additional emphasis on exclusion only in the most
severe circumstances. 
Section 4 – The Fairer Scotland Duty 
The Fairer Scotland Duty (‘the Duty’), Part 1 of the Equality Act 2010 places a
legal responsibility on the Council to actively consider (‘pay due regard to’)
how we can reduce inequalities of outcome caused by socio-economic
disadvantage when making decisions. 
4.1  Does the proposal have the potential to have a significant impact on
inequalities of outcome caused by socio-economic disadvantage? (consider low
income; low wealth; material deprivation; area deprivation; communities of
place or interest, socio-economic background).
Yes  ☒

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No  ☐ 
If No, please go to Section 5.
If Yes please provide more information under any of the below headings which
are relevant, highlighting any evidence and sources of evidence used to inform
your information. 
1.2 Low Income/Income Poverty: Cannot afford to maintain regular payments such
as bills, food and clothing
There are 421 care experienced learners within North Ayrshire with only 33
receiving Education Maintenance Allowance (EMA) payments. EMA is a weekly
allowance of £30, paid directly to young people. It provides financial assistance
to help young people from low-income households to stay on at school and
continue their education. EMA is available to young people between 16 and 19
years of age. Ending the practice of excluding care experienced learners will
remove a barrier to receiving full EMA payment. This is due to attendance
requirements within the EMA framework which state that young people require
to have 100% attendance to qualify for their weekly EMA payment. 
4.3  Low/and or no wealth: Having enough money to meet basic living costs and
pay bills but have no savings to pay for any unexpected spends and no
provision for the future.
Ending the practice of excluding care experienced learners will remove a
barrier to receiving full EMA payment. This is due to attendance requirements
within the EMA framework which state that young people require to have 100%
attendance to qualify for their weekly EMA payment.
4.4  Material Deprivation: Being unable to access basic goods and services, i.e.
financial products like life insurance, repair/replace broken electrical goods,
warm home, leisure/hobbies
Ending the practice of excluding care experienced learners will remove a
barrier to receiving full EMA payment. This is due to attendance requirements
within the EMA framework which state that young people require to have 100%
attendance to qualify for their weekly EMA payment.
4.5  Area Deprivation: Where you live (rural areas), where you work (accessibility of
transport.
Ending the practice of excluding care experienced learners will remove a
barrier to receiving full EMA payment. This is due to attendance requirements
within the EMA framework which state that young people require to have 100%
attendance to qualify for their weekly EMA payment.
4.6  If impacts have been identified how will these be mitigated or explored in more
detail? (please outline below)

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Mitigation not required as this policy would positively impact. 
Section 5 – Children’s Rights 
When considering the Children’s Right’s Impact process, some of the key
considerations include any evidence, research and consultation (specifically including
any consultation or engagement with young people).
5.1  Are any Children’s Rights impacted by this proposal? (please refer to Appendix
1 of this document, where the Children’s Rights Articles have been matched
against the Getting It Right For Every Child (GIRFEC) wellbeing indicators. This
is solely to make it easier to identify which rights might be impacted on; the
Rights are the key element of this section). 
Yes  ☒
No  ☐
5.2  Please indicate, if possible, how many children and young people (nearest
estimate) are likely to be affected by the policy or measure?
17,267 children and young people attending North Ayrshire primary and
secondary schools
5.3  Are some children and young people more likely to be affected than others?
Yes  ☒
No  ☐
If, Yes what groups? (consider protected characteristics – e.g. disabled young
people, LGBT etc)
Care Experienced Children & Young People
Other children with protected characteristic groups (Disability / Gender
Reassignment / Race, Ethnicity, Colour, Nationality or National Origins / Religion
or Belief / Sexual Orientation / children impacted by poverty)

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5.4  What Children’s Rights are likely to be affected by the policy/proposal?
Please refer to Table 2 (Appendix 1) ‘Links between Wellbeing Indicators and
Articles of the UNCRC’ and insert the relevant rights and indicators in the table
below. 
Wellbeing indicator (e.g. safe,
healthy etc)
Children’s Right (e.g. 22 – refugee
children)
Safe 19: protection from violence, abuse and
neglect. Ensuring children are protected
from all forms of violence, abuse, neglect
and bad treatment by their parents or
anyone else who looks after them.
Children have the right to be kept safe
from harm and given proper care by those
looking after them.
Healthy 3: best interests of the child. This must be
a top priority in all decisions and actions
that affect children. ‘Children and Young
People have the right to’ have their best
interests considered if a decision is being
made by any person about them. What is
best for them is what matters.
Achieving 28: ‘Every child has the right to an
education’. Discipline in schools must
respect children’s dignity and their rights.
29: ‘Education must develop every child’s
personality, talents and abilities to the full’.
It must encourage the child’s respect for
human rights.
Nurtured 4: ‘Children and Young People have the
right to have their rights protected and an
environment where they can grow up safe’.
20: ‘Children and Young People have the
right to special care if they can’t live with
their parents. They may be looked after by
other members of their family or by a
different family’.

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Wellbeing indicator (e.g. safe,
healthy etc)
Children’s Right (e.g. 22 – refugee
children)
Active 3: The best interests of the child must be a
top priority in all decisions and actions that
affect children. ‘What is best for them is
what matters’.
Respected 2: Non-discrimination. Children and young
people have the right to have the
convention that applies to everyone under
the age of 18 no matter who they are, or
what type of family they come from.
3: The best interests of the child must be a
top priority in all decisions and actions that
affect children. ‘What is best for them is
what matters’.
4: ‘Children and Young People have the
right to have their rights protected and an
environment where they can grow up safe’.
12: Every child has the right to express their
views, feelings and wishes in all matters
affecting them, and to have their views
considered and taken seriously. ‘Children
and Young People have the right to speak
up and have their opinions listened to and
be taken seriously by adults on things that
affect them’.
Responsible 3: The best interests of the child must be a
top priority in all decisions and actions that
affect children. ‘What is best for them is
what matters’.
12: Every child has the right to express their
views, feelings and wishes in all matters
affecting them, and to have their views
considered and taken seriously. ‘Children
and Young People have the right to speak
up and have their opinions listened to and
be taken seriously by adults on things that
affect them’.

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Wellbeing indicator (e.g. safe,
healthy etc)
Children’s Right (e.g. 22 – refugee
children)
Included 3: The best interests of the child must be a
top priority in all decisions and actions that
affect children. ‘What is best for them is
what matters’.
5.5  What likely impact will the policy/proposal have on Children’s Rights and
Wellbeing? Either Positive, Negative or Neutral.
Children Rights - 
There are both positive and negative impacts on Children’s Rights and Wellbeing
linked to this proposal:
• A negative impact may occur through increasing prevalence of dysregulated
behaviour, such as incidents of violence and aggression, and disruption to learning
which impacts every child’s right to an education. It is important to note that these
negative impacts can fall equally on care experienced children and young people
as they can on the rest of the school population. Children and young people with
other protected characteristics may be particularly impacted. Any incidents of
violence and aggression that do occur are likely to have Health and Safety
implications, and these needs to be considered in light of the Council's duty of care
towards other pupils and staff.   
• A positive impact may occur for care experienced learners by reducing barriers to
accessing their full educational entitlement and right to an education. 
The ECRIA evidence indicates the practice of excluding care experienced
learners from school can have both positive implications for care experienced
learners and negative implications through the potential to reduce consequences
associated with incidents of violence and aggression in schools. 
Other Protected Characteristics
Children with additional support needs, care experienced learners and all other
learners may be impacted by this proposal as outlined above in section 5.5. 
5.6  If Negative impacts are identified how will these be mitigated, or the effect
reduced?
If the policy decision is taken to end the practice of excluding care experienced
learners, work will be required to ensure that care experienced learners who
display significant dysregulated behaviour are provided with supports and
strategies to maintain placement in their education establishment. This may
include trauma informed approaches and strategies to support self-regulation to

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prevent escalation of behaviour. If progressed, the education service will be
required to scope changes to operational practices in schools.

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5.7  What consultation or engagement has taken place with young people?
• Engagement with ASN coordinators across North Ayrshire primary and
secondary schools via a tabletop discussion undertaken with c 70
professionals 
• Engagement with secondary school pupils:
o Tabletop activity undertaken with two focus groups of 13 pupils in two
North Ayrshire secondary schools
o Tabletop activity undertaken by MCR Pathways co-ordinators in two
North Ayrshire secondary schools
o Engagement with North Ayrshire’s Champions Board via a Microsoft
form facilitated by the corporate parenting team
• Specific detail of all engagement is described in section 3.1 and 3.4.
Section 6 – Island Communities Impact (or Island Proofing)
Island Proofing is about considering the particular needs and circumstances of island
communities when public sector organisations exercise their functions and make
decisions. This has been added to the process of assessing the Council Plan and
includes a range of issues such as access to services, digital connectivity,
employment and access to education, transport and access to goods and services.
6.1  Do the intended outcomes of the proposal potentially differ or have a different
impact for our Island Communities? 
Yes ☐ 
No ☒
6.2  What are the potential impacts for our Island Communities?
The impacts (both positive and negative) for our Island communities are the
same as those elsewhere. 
6.3  Please explain if the impacts are different for communities on different islands?
The impacts (both positive and negative) for our Island communities are the
same as those elsewhere.
6.4  What consultation or engagement has taken place with the Island
Communities?
All engagement has been progressed as per Section 5.7.
6.5  How will you address any potential barriers or wider impacts for Island
Communities as identified through this assessment? 
N/A

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Section 7 – The Consumer Duty 
The Consumer Duty is about the impact of Council proposals on consumers in
Scotland. A Consumer is an individual or a small business that purchases, uses or
receives goods or services in Scotland, that are supplied either by a business or a
public body – please see What is the Consumer Duty.
7.1  Will your proposal impact on consumers? 
Yes ☒
No ☐
If no, please complete the ‘Assessment not required’ template by emailing
northayrshireperforms@north-ayrshire.gov.uk 
7.2  What are the impacts, if any, on consumers in general? Is it likely that consumers
will experience harm because of this proposal? 
As the consumer duty includes any individual who buys, uses or receives
services in Scotland this proposal has the potential to have an overall positive
impact on care experienced learners who consume education services, if
capacity and additional supports are put in place to enable inclusion to continue
following an incident that would ordinarily result in an exclusion. A negative
impact could occur for the wider school population through potential for harm to
occur for this group of consumers, if exclusion is no longer available as a last
resort consequence for care experienced learners who instigate incidents of
violence and aggression towards staff and pupils. 
7.3  What are the impacts if any, on consumers in vulnerable circumstances? Is it
likely that consumers in vulnerable circumstances will experience harm because
of this proposal? (please include any relevant evidence or engagement with
consumers)
*Vulnerable circumstances may be temporary in nature and may or may not arise
as a resulted of a consumer’s protected characteristics. For more information,
please see page 31 of Consumer Scotland’s draft guidance on the consumer
duty. 
As highlighted in section 3, the proposal to end the practice of exclusion of care
experienced learners is likely to have a positive outcome on this protected
characteristic group or group of consumers who may be in vulnerable
circumstances. Evidence shows access to education can significantly impact
positive outcomes and life opportunities. However, it should be noted gathered
evidence outlined above indicates the value that can be found through
establishing consequences for disruptive or aggressive behaviour.
For other protected characteristic groups or consumers in vulnerable
circumstances, ending practice of exclusion can positively impact care
experienced learners in these protected characteristic groups but is detrimental

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to safe and inclusive learning environments for learners in the wider school
population.
7.4  What consultation and engagement has taken place with consumers around your
proposal?
Please see sections 3.1, 3.4 and 5.7. 
7.5  What alternative proposals are there that could improve outcomes for consumers
and/or reduce harm to consumers? How do these compare to the original
proposal?
a) If the policy position is to retain the option of exclusion it is acknowledged
that further work to promote early intervention and preventative practices
would be beneficial to ensure the exclusion of care experienced learners is
undertaken only as a last resort when this relates to the most serious
incidents of violence and aggression. Actions that will be explored by the
education service include:  Further developing partnership working with
education establishments to consider what can be done to re-engage care
experienced learners in education and prevent repeat exclusions where
possible; benchmarking with other local authorities to explore opportunities
to enhance local practice in relation to exclusion of care experienced
learners; considering the role of extended outreach to enhance focus on
meeting needs of learners with significant levels of need, including care
experienced learners

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Section 8 – Crosscutting Impacts 
8.1 Have any cross-cutting impacts been identified from other Council Services or
Partner Agencies (multiple discrimination or accumulated effects of multiple
proposals on a protected characteristic group)?
No.
8.2  If Crosscutting issues identified with other Services, what
discussion/interaction has taken place to mitigate any potential negative
impacts of accumulated proposals?
N/A.

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Section 9 – Outcome of the Assessment 
9.1  Please detail the outcome of the assessment:
1.  No major alterations to the policy assessed: the Impact Assessment
demonstrates the policy is robust and there is no possible discrimination or
adverse impact. All opportunities to minimise negative impacts and enhance
positive outcomes have been taken. 
☐ Or 
2.  Adjust the policy: the Impact Assessment identifies potential problems or
missed opportunities. Adjust the policy to address any issues identified or to
better promote equality.
☐ Or 
3.  Continue the policy: the Impact Assessment identifies the potential for adverse
impact or missed opportunities to promote equality. Set out the justifications for
continuing with it in section 9.3. For the most important policies and proposals,
compelling reasons will be needed. 
☐ Or 
4.  Stop and remove the policy/proposal: following assessment a decision has
been taken not to proceed with the proposal for examples due to actual or
potential unlawful discrimination or other harmful impact.
☒
9.2  For Outcome 2. in section 9.1 above - please detail recommendations,
including any action required to address negative impacts identified or to better
promote equality.
N/AClick or tap here to enter text.
9.3  If Outcome 3 is chosen from section 9.1 above, please outline the justifications
for continuing the policy/procedure. 
N/A
9.4  Please state the key issues, recommendations and future actions arising from
the Integrated Impact Assessment.
c) Section 9.1.4 recommends not implementing this proposal and, instead,
retain the existing position. It is also acknowledged that further work to
promote early intervention and preventative practices would be beneficial to
minimise the number of occasions when exclusion of care experienced
learners from school is viewed as a necessary last resort. Actions that will
be explored by the education service include: Further developing
partnership working with education establishments to explore what can be

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done to re-engage care experienced learners in education and prevent
repeat exclusions where possible; in benchmarking with other local
authorities to explore opportunities to enhance local practice in relation to
exclusion of care experienced learners; reviewing application of the ‘last
resort’ criteria, to ensure that this is applied consistently and only in
exceptional circumstances; and considering the role of extended outreach
to enhance focus on meeting needs of learners with significant levels of
need, including care experienced learners. 
Further, when an exclusion is deemed unavoidable, the Service will seek to
ensure a robust and bespoke educational provision is in place for a care
experienced learner taking into account the aims of The Promise. This plan will
seek to uphold the foundations of The Promise and in particular:
• Voice: Ensuring that the voices of children… are heard and valued in
decision-making about their care. 
• People: Supporting and nurturing the workforce to develop trusting,
compassionate relationships with children, young people, and families. 
• Scaffolding: Providing the necessary structures, systems, and supports …
ensuring that help, support, and accountability are in place. 
Section 10 – Monitoring 
10.1  Describe how you will monitor the impact of this policy e.g. performance
indicators used, other monitoring arrangements, who will monitor progress,
criteria used to measure if outcomes are achieved, timescales including any
future reviews of the impact of the proposal?
As outlined in section 3.1 an annual report on outcomes for care experienced
learners is presented to North Ayrshire Council’s Cabinet. The impact of this
policy decision will be monitored by a senior officer in the education service with
strategic remit for support for care experienced learners and reported as part of
the annual Cabinet report update. 
Section 11 – Sign Off
11.1  Head of Service who has approved the impact assessment.
Name: Andrew McClelland
Title: Head of Service (Education)
Date: 20 March 2025
Section 12 – Publication
12.1  Following approval by Head of Service, completed Impact Assessments need
to be published on the Council’s External Website.

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Please email: northayrshireperforms@north-ayrshire.gov.uk

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Appendix 1 - GIRFEC Wellbeing Indicators and Children’s Rights 
Table 1 - GIRFEC Wellbeing Indicators 
Safe Protected from abuse, neglect and harm
Healthy Having the best possible standards of physical and mental
health; support to make healthy, safe choices
Achieving  Accomplishing goals and thereby boosting skills,
confidence and self-esteem; ‘being all they can be’.
Nurtured Having a loving and stimulating place to live and grow
Active Having opportunities to take part in a wide range of
activities
Respected Being enabled to understand their world, being given a
voice, being listened to, and being involved in the decisions
that affect their wellbeing.
Responsible Taking an active role within their home, school and
community.
Included Being a full member of the communities in which they live
and learn; receiving help and guidance to overcome
inequalities.

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Articles of the UNCRC matched against the GIRFEC indicators 
Summary of the UNCRC Articles from 1 – 54 (UNICEF)
Table 2 - Links between Wellbeing Indicators and Articles of the UNCRC 
*Please note in general the use of the term Governments, includes public
sector organisations such as the Council, some articles will have stronger
relevance for the work of the Council than others. 
Wellbeing Indicator – Safe
There are 12 relevant articles of the UNCRC (Rights of the Child) linked to the Safe
indicator.
Article 9 – Separation from parents
Children must not be separated from their parents against their will unless it is in
their best interests (for example, if a parent is hurting or neglecting a child). Children
whose parents have separated have the right to stay in contact with both parents,
unless this could cause them harm.
10 – Family reunification
Governments must respond quickly and sympathetically if a child or their parents
apply to live together in the same country. If a child’s parents live apart in different
countries, the child has the right to visit and keep in contact with both of them.
11 - Abduction and non-return of children 
Governments must do everything they can to stop children being taken out of their
own country illegally by their parents or other relatives or being prevented from
returning home.
19 - Protection from violence, abuse and neglect 
Governments must do all they can to ensure that children are protected from all
forms of violence, abuse, neglect and bad treatment by their parents or anyone else
who looks after them. Children and Young People have the right to be kept safe from
harm. They must be given proper care by those looking after them.
22 - Refugee children 
If a child is seeking refuge or has refugee status, governments must provide them
with appropriate protection and assistance to help them enjoy all the rights in the
Convention. Governments must help refugee children who are separated from their
parents to be reunited with them. Children and Young People have the right to
special help and be allowed to live somewhere that is safe if they are a refugee.

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32 - Child labour 
Governments must protect children from economic exploitation and work that is
dangerous or might harm their health, development or education. Governments must
set a minimum age for children to work and ensure that work conditions are safe and
appropriate.
If they are under 16 there are laws about where, when and for how long they can
work.
33 - Drug abuse
Governments must protect children from the illegal use of drugs and from being
involved in the production or distribution of drugs.
34 - Sexual exploitation 
Governments must protect children from all forms of sexual abuse and exploitation.
Children and Young People have the right to never be pressurised or forced into
doing anything sexual. They have the right to be protected from it. 
35 - Abduction, sale and trafficking 
Governments must protect children from being abducted, sold or moved illegally to a
different place in or outside their country for the purpose of exploitation. People
should never make them do anything against their will, like marry someone for
instance.
36 - Other forms of exploitation 
Governments must protect children from all other forms of exploitation, for example
the exploitation of children for political activities, by the media or for medical
research. Children and Young People have the right to be protected from being
taken advantage of in any way.
37 - Inhumane treatment and detention 
Children and Young People have the right to be treated with respect. If they have
committed a crime children should be arrested, detained or imprisoned only as a last
resort and for the shortest time possible. They must be treated with respect and
care, and be able to keep in contact with their family. Children must not be put in
prison with adults. They should not be locked up unless it is absolutely necessary
and they will get legal help.
38 - War and armed conflicts 
Governments must not allow children under the age of 15 to take part in war or join
the armed forces. Governments must do everything they can to protect and care for
children affected by war and armed conflicts. In Scotland, they have to be 16 to join
the armed forces and are not normally allowed to fight until they are 18.

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Wellbeing Indicator – Healthy 
There are 4 relevant articles of the UNCRC (Rights of the Child) linked to the Healthy
indicator.
3 – Best interests of the child 
The best interests of the child must be a top priority in all decisions and actions that
affect children. Children and Young People have the right to have their interests
considered if a decision is being made by any person about them. What is best for
them is what matters.
6 – Life, survival and development 
Every child has the right to life. Governments must do all they can to ensure that
children survive and develop to their full potential. Children and Young People have
the right to be kept safe from harm, they have the right to be alive, survive and
develop through life.
24 - Health and health services
Every child has the right to the best possible health. Governments must provide
good quality health care, clean water, nutritious food, and a clean environment and
education on health and well-being so that children can stay healthy. Children and
Young People have the right to be given good healthcare (if they are ill) so they can
get well again. They have the right to live in a safe, healthy environment with good
food and clean drinking water.
39 - Recovery and rehabilitation of child victims 
Children who have experienced neglect, abuse, exploitation, torture or who are
victims of war must receive special support to help them recover their health, dignity,
self-respect and social life.

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Wellbeing Indicator – Achieving 
There are 4 relevant articles of the UNCRC (Rights of the Child) linked to the
Achieving indicator.
4 – Implementation of the Convention 
Governments must do all they can to make sure every child can enjoy their rights by
creating systems and passing laws that promote and protect Children’s Rights.
Children and Young People have the right to have their rights protected and an
environment where they can grow up safe. 
18 - Parental responsibilities and state assistance 
Both parents share responsibility for bringing up their child and should always
consider what is best for the child. Governments must support parents by creating
support services for children and giving parents the help they need to raise their
children.
28 - Right to education 
Every child has the right to an education. Primary education must be free and
different forms of secondary education must be available to every child. Discipline in
schools must respect children’s dignity and their rights. Richer countries must help
poorer countries achieve this.
In Scotland education is free and children three years old+ are entitled to a free
nursery place.
29 - Goals of education 
Education must develop every child’s personality, talents and abilities to the full. It
must encourage the child’s respect for human rights, as well as respect for their
parents, their own and other cultures, and the environment. It must help to prepare
them for adult life.

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Wellbeing Indicator – Nurtured 
There are 8 relevant articles of the UNCRC (Rights of the Child) linked to the
Nurtured indicator.
4 – Implementation of the Convention 
Governments must do all they can to make sure every child can enjoy their rights by
creating systems and passing laws that promote and protect children’s rights
Children and Young People have the right to have their rights protected and an
environment where they can grow up safe. 
5 - Parental guidance and a child’s evolving capacities 
Every child has the right to be registered at birth, to have a name and nationality,
and, as far as possible, to know and be cared for by their parents. Children and
Young People have the right to their parents being responsible to guide them
through their childhood and help them learn how to use their rights. 
9 – Separation from parents
Children must not be separated from their parents against their will unless it is in
their best interests (for example, if a parent is hurting or neglecting a child). Children
whose parents have separated have the right to stay in contact with both parents,
unless this could cause them harm.
10 – Family reunification
Governments must respond quickly and sympathetically if a child or their parents
apply to live together in the same country. If a child’s parents live apart in different
countries, the child has the right to visit and keep in contact with both of them.
18 - Parental responsibilities and state assistance
Both parents share responsibility for bringing up their child and should always
consider what is best for the child. Governments must support parents by creating
support services for children and giving parents the help they need to raise their
children.
20 - Children deprived of a family
If a child cannot be looked after by their immediate family, the government must give
them special protection and assistance. This includes making sure the child is
provided with alternative care that is continuous and respects the child’s culture,
language and religion. Children and Young People have the right to special care if
they can’t live with their parents. They may be looked after by other members of their
family or by a different family.
21 - Adoption 
Governments must oversee the process of adoption to make sure it is safe, lawful
and that it prioritises children’s best interests. Children should only be adopted

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outside of their country if they cannot be placed with a family in their own country. 25
- Review of treatment in care 
If a child has been placed away from home for the purpose of care or protection (for
example, with a foster family, in hospital, a care home or somewhere else away from
home), they have the right to a regular review of their treatment, the way they are
cared for and their wider circumstances to help make sure they are still getting
what’s best for them.
27 - Adequate standard of living
Every child has the right to a standard of living that is good enough to meet their
physical and social needs and support their development. Governments must help
families who cannot afford to provide this. Children and Young People have the right
to a safe place to live, food, clothing and to take part in things they enjoy.

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Wellbeing Indicator – Active 
There are 8 relevant articles of the UNCRC (Rights of the Child) linked to the
Nurtured indicator.
3 - Best interests of the child 
The best interests of the child must be a top priority in all decisions and actions that
affect children. Children and Young People have the right to have their interests
considered if a decision is being made by any person about them. What is best for
them is what matters.
23 - Children with disabilities
A child with a disability has the right to live a full and decent life with dignity and, as
far as possible, independence and to play an active part in the community.
Governments must do all they can to support disabled children and their families.
Children and Young People have the right to if they have any kind of disability, have
special help to make sure they can join in with things. 
31 - Leisure, play and culture
Children and Young People have the right to rest, play and have the chance to join a
wide range of artistic and cultural activities. It is really important to remember to have
a balance in their life.

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Wellbeing Indicator – Respected
There are 12 relevant articles of the UNCRC (Rights of the Child) linked to the
Nurtured indicator.
2 - Non-discrimination 
Children and Young People have the right to have the convention that applies to
everyone under the age of 18, no matter who they are, whether they are a boy or a
girl, what their religion is, whether they have a disability, or what type of family they
come from.
3 - Best interests of the child 
The best interests of the child must be a top priority in all decisions and actions that
affect children. Children and Young People have the right to have their interests
considered if a decision is being made by any person about them. What is best for
them is what matters.
4 – Implementation of the Convention
Governments must do all they can to make sure every child can enjoy their rights by
creating systems and passing laws that promote and protect children’s rights.
Children and Young People have the right to have their rights protected and an
environment where they can grow up safe. 
5 - Parental guidance and a child’s evolving capacities
Every child has the right to be registered at birth, to have a name and nationality,
and, as far as possible, to know and be cared for by their parents. Children and
Young People have the right to their parents being responsible to guide them
through their childhood and help them learn how to use their rights. 
8 - Protection and preservation of identity
Every child has the right to an identity. Governments must respect and protect that
right, and prevent the child’s name, nationality or family relationships from being
changed unlawfully. Children and Young People have the right to know who they are
– official records should be kept. If they are over 16 years old and adopted, they can
try to find out who their birth parents are.
12 - Respect for the views of the child 
Every child has the right to express their views, feelings and wishes in all matters
affecting them, and to have their views considered and taken seriously. This right
applies at all times, for example during immigration proceedings, housing decisions
or the child’s day-to-day home life. Children and Young People have the right to
speak up and have their opinions listened to and be taken seriously by adults on
things that affect them.

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13 - Freedom of expression 
Every child must be free to express their thoughts and opinions and to access all
kinds of information, as long as it is within the law. Children and Young People have
the right to say whatever they believe as long as it does not harm or offend other
people. They also have the responsibility to respect the rights and freedom of others.
14 - Freedom of thought, belief and religion 
Every child has the right to think and believe what they choose and also to practise
their religion, as long as they are not stopping other people from enjoying their rights.
Governments must respect the rights and responsibilities of parents to guide their
child as they grow up. Children and Young People have the right to choose their own
religion and beliefs. Their parents should help them think about this.
16 - Right to privacy
Every child has the right to privacy. The law should protect the child’s private, family
and home life, including protecting children from unlawful attacks that harm their
reputation, for example, they shouldn’t have their personal letters opened or anyone
listening in to their personal phone calls.
17 - Access to information; mass media
Every child has the right to reliable information from a variety of sources, and
Governments should encourage the media to provide information that children can
understand. Governments must help protect children from materials that could harm
them. Children and Young People have the right to access information which is
important to their wellbeing. Adults should help them find information they are
looking for and make sure it’s not harmful. 
18 - Parental responsibilities and state assistance
Both parents share responsibility for bringing up their child and should always
consider what is best for the child. Governments must support parents by creating
support services for children and giving parents the help they need to raise their
children.
30 - The right to learn and use the language, customs and religion of their
family
Every child has the right to learn and use the language, customs and religion of their
family, whether or not these are shared by the majority of the people in the country
where they live.

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Wellbeing Indicator – Responsible 
There are 5 relevant articles of the UNCRC (Rights of the Child) linked to the
Responsible indicator.
3 - Best interests of the child 
The best interests of the child must be a top priority in all decisions and actions that
affect children. Children and Young People have the right to have their interests
considered if a decision is being made by any person about them. What is best for
them is what matters.
12 - Respect for the views of the child 
Every child has the right to express their views, feelings and wishes in all matters
affecting them, and to have their views considered and taken seriously. This right
applies at all times, for example during immigration proceedings, housing decisions
or the child’s day-to-day home life. Children and Young People have the right to
speak up and have their opinions listened to and be taken seriously by adults on
things that affect them.
14 - freedom of thought, conscience and religion 
Every child has the right to think and believe what they choose and also to practise
their religion, as long as they are not stopping other people from enjoying their rights.
Governments must respect the rights and responsibilities of parents to guide their
child as they grow up. Children and Young People have the right to choose their own
religion and beliefs. Their parents should help them think about this.
15 - Freedom of association 
Every child has the right to meet with other children and to join groups and
organisations, as long as this does not stop other people from enjoying their rights. 
40 - Juvenile justice 
A child accused or guilty of breaking the law must be treated with dignity and
respect. They have the right to legal assistance and a fair trial that takes account of
their age. Governments must set a minimum age for children to be tried in a criminal
court and manage a justice system that enables children who have been in conflict
with the law to reintegrate into society. Children and Young People have the right to
be given legal assistance if they have committed a crime. The Convention also
states that they should only be sent to prison if they have committed a serious crime.

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Wellbeing Indicator – Included 
There are 5 relevant articles of the UNCRC (Rights of the Child) linked to the
Included indicator.
3 - Best interests of the child 
The best interests of the child must be a top priority in all decisions and actions that
affect children. Children and Young People have the right to have their interests
considered if a decision is being made by any person about them. What is best for
them is what matters. 
6 - Life, survival and development 
Every child has the right to life. Governments must do all they can to ensure that
children survive and develop to their full potential. Children and Young People have
the right to be kept safe from harm, they have the right to be alive, survive and
develop through life.
18 - Parental responsibilities and state assistance 
Both parents share responsibility for bringing up their child and should always
consider what is best for the child. Governments must support parents by creating
support services for children and giving parents the help they need to raise their
children.
23 - Children with disabilities
A child with a disability has the right to live a full and decent life with dignity and, as
far as possible, independence and to play an active part in the community.
Governments must do all they can to support disabled children and their families.
Children and Young People have the right to special help to make sure they can join
in with things. 
26 - Social security 
Every child has the right to benefit from social security. Governments must provide
social security, including financial support and other benefits, to families in need of
assistance. 
27 - Adequate standard of living 
Every child has the right to a standard of living that is good enough to meet their
physical and social needs and support their development. Governments must help
families who cannot afford to provide this. Children and Young People have the right
to a safe place to live, food, clothing and to take part in things they enjoy.