Equalities and Children's Rights Impact Assessment on Exclusions on Care Experienced Children and Young People
North Ayrshire Council · 26 March 2025
Back to North Ayrshire Council — 26 March 2025 and its agenda
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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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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 were advised participation was voluntary.
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Version: 6.0 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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Version: 6.0 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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Version: 6.0 • 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 prevent escalation of behaviour. If progressed, the education service will be required to scope changes to operational practices in schools.
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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 Please email: northayrshireperforms@north-ayrshire.gov.uk
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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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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Version: 6.0 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.