Agenda Document Pack - North Ayrshire Council - 26/03/2025
North Ayrshire Council · 26 March 2025
Back to North Ayrshire Council — 26 March 2025 and its agenda
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE North Ayrshire Council A Meeting of North Ayrshire Council will be held in the Council Chambers, Ground Floor, Cunninghame House, Irvine, KA12 8EE on Wednesday, 26 March 2025 at 14:00 to consider the undernoted business. Meeting Arrangements - Hybrid Meetings This meeting will be held on a predominantly physical basis but with provision, by prior notification, for remote attendance by Elected Members in accordance with the provisions of the Local Government (Scotland) Act 2003. Where possible, the meeting will be live-streamed and available to view at https://north-ayrshire.public- i.tv/core/portal/home. 1 Apologies 2 Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 3 Previous Minutes The accuracy of the Minutes of the Ordinary Meeting of the Council held on 12 February 2025 and the Special Meeting held on 26 February 2025 will be confirmed and the Minutes signed in accordance with Paragraph 7(1) of the Local Government (Scotland) Act 1973 (copies enclosed). 4 Provost's Report Submit report by the Provost for the period covering 3 February - 16 March 2025 (copy enclosed). 5 Leader's Report Submit report by the Leader of the Council for the period covering 3 February - 16 March 2025 (copy enclosed). 1
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 6 Minute Volume (issued under separate cover) Submit, for noting and for approval of any recommendations contained therein, the Minutes of Meetings of committees of the Council held in the period 5 February - 5 March 2025. 7 Appointments to Outside Bodies The Council is invited to consider a proposal by Councillor Gurney, seconded by Councillor Burns, that Councillor Collier be appointed to serve on the Glasgow Prestwick Airport Consultative Committee. 8 Equalities and Children’s Rights Impact Assessment Submit a report by the Executive Director (Education) on the equalities and children’s rights impact assessment on whether care experienced learners should be exempt from the policy on school exclusion (copy enclosed). 9 Questions In terms of Standing Order 14, submit:- 1) a question by Councillor Sweeney to the Cabinet Member for Communities, Housing and the Islands in the following terms: To ask the Cabinet Member for the number of people in employment who have had to use NAC Temporary Furnished Accommodation since September 2023 due to being homeless? 2) a question by Councillor Inglis to the Cabinet Member for Communities, Housing and the Islands in the following terms: With libraries being saved in the budget this year, can the cabinet member confirm if Libraries such as the Saltcoats in my ward will still face a reduction in hours of 20%? 3) a question by Councillor McLean to the Cabinet Member for Communities, Housing and the Islands in the following terms: Is the commitment originating from the SNP budget amendment to create a wellbeing hub in the former teacher centre at Greenwood, a new policy commitment/proposal? 4) a question by Councillor Foster to the Cabinet Member for Finance in the following terms: To ask the Cabinet Member how many North Ayrshire Council staff have received VER packages of over £100k, and their job titles, since 2022? 2
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 5) a question by Councillor T Ferguson to the Cabinet Member for Education in the following terms: To ask the Cabinet Member for Education if data from the 2021/22 school health and wellbeing census is publicly available? 6) a question by Councillor McLean to the Cabinet Member in the following terms: Does North Ayrshire's policies or guidance related to single-sex spaces, a) distinguish between bathrooms and any other space, such as changing rooms?, b) Is it consistent across all establishments; Council buildings, employee spaces, Early Learning Centres/Nurseries, primary schools, secondary schools, ASN schools and non-mainstream educational settings (such as educational units, youth homes etc.)? 7) a question by Councillor Angus-McDonald to the Cabinet Member for Education in the following terms: To ask the Cabinet Member to provide the Council’s School Level Pupil Teacher Ratio, including the number of qualified teachers who are centrally employed and included in the PTR calculation? 8) a question by Councillor T Ferguson to the Cabinet Member for Communities, Housing and the Islands in the following terms: To ask the Cabinet Member for Communities, Housing and the Islands what celebrations the council have planned to recognise the 80th Anniversary of VE Day? 9) a question by Councillor McLean to the Cabinet Member for Education in the following terms: How many young people does North Ayrshire Council, or its staff, including teachers, social workers, support workers etc, assist in 'socially transitioning' without the knowledge of their parents/guardians? 10) a question by Councillor Bell to the Cabinet Member for Education in the following terms: To ask the Cabinet Member to publish the Equality Impact Assessments carried out in respect of each individual school crossing patroller that will be removed as part of the Council’s 2025/26 budget? 3
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 11) a question by Councillor Inglis to the Cabinet Member for Communities, Housing and the Islands in the following terms: To ask the Cabinet Member if given the Scottish Government's relaxation of approach in the Heat in Buildings Bill regarding replacement of heating systems in homes, should the Council take a similar approach by reducing its sustainability budget within the HRA and diverting that money into building more social housing rather than putting in expensive heating systems? 12) a question by Councillor McLean to the Cabinet Member for Finance in the following terms: What is the total cost budgeted in the 2025/26 budget for: a) teachers' pay awards? b) non-teaching NAC staff pay awards?, c) Chief Officer pay awards? d) Cabinet members pay uplifts(not including leader of the council)?, e) leader of the council pay uplifts?, f) Committee chair pay uplifts?, g) all other councillor pay uplifts (including leader of the opposition)?, h) The collective cost of all of the above? 13) a question by Councillor Currie to the Leader of the Council in the following terms: Can the Leader of the Council, as co-chair of the Ardrossan Harbour Task Force, update Council on when the next meeting of the Task Force will be held? 14) a question by Councillor T Ferguson to the Cabinet Member for Education in the following terms: To ask the Cabinet Member for Education if there have been any inappropriate incidents reported relating to the use of gender-neutral toilets in our schools? 4
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 10 Motions In terms of Standing Order 15, submit:- (1) A motion by Councillor McLean, seconded by Councillor S Ferguson, in the following terms: Council agrees: (1) to implement a policy that with it will not introduce car parking charges in any car park that it owns, controls or manages subject to the existing arrangements for car park charging in Largs remaining in place. It will also not introduce on-street parking charges. In the event that the Council operates the car park at Ardrossan Harbour as part of a future operating model, car park charging by the Council for the car park at the ferry terminal will also be permitted should that be required as part of any business case for Council funding of the redevelopment of Ardrossan Harbour in conjunction with partners. In addition, Council will not sell any car park that it owns or transfer the operation or management of any car park to any person or organisation which intends to charge for car parking with any contract for the sale or operation being subject to the continued requirement of free car parking; and (2) to receive a report to a future meeting of the Council on the feasibility of augmenting this policy through the formation of a byelaw on free parking. 11 Urgent Items Any other items which the Chair considers to be urgent. 5
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE Webcasting Please note: this meeting may be filmed/recorded/live-streamed to the Council's internet site and available to view at https://north-ayrshire.public- i.tv/core/portal/home, where it will be capable of repeated viewing. At the start of the meeting, the Provost/Chair will confirm if all or part of the meeting is being filmed/recorded/live-streamed. You should be aware that the Council is a Data Controller under the Data Protection Act 2018. Data collected during the webcast will be retained in accordance with the Council’s published policy, including, but not limited to, for the purpose of keeping historical records and making those records available via the Council’s internet site. Generally, the press and public will not be filmed. However, by entering the Council Chambers and using the press or public seating area, you acknowledge that you may be filmed and that any information pertaining to you contained in the video and oral recording of the meeting will be used for webcasting or training purposes and for the purpose of keeping historical records and making those records available to the public. In making this use of your information the Council is processing data which is necessary for the performance of a task carried out in the public interest. If you have any queries regarding this and, in particular, if you believe that use and/or storage of any particular information would cause, or be likely to cause, substantial damage or distress to any individual, please contact dataprotectionofficer@north-ayrshire.gov.uk 6
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North Ayrshire Council, Cunninghame House, Irvine KA12 8EE North Ayrshire Council Sederunt Nairn Angus-McDonald John Bell Marie Burns Eleanor Collier Joe Cullinane Charles Currie Scott Davidson Anthea Dickson Stewart Ferguson Todd Ferguson Robert Foster Scott Gallacher Tony Gurney Alan Hill Mary Hume Cameron Inglis Margaret Johnson Amanda Kerr Christina Larsen Shaun Macaulay Jean McClung Matthew McLean Louise McLaughlan Davina McTiernan Tom Marshall Jim Montgomerie Ian Murdoch Donald Reid Donald L Reid Chloe Robertson Ronnie Stalker Angela Stephen John Sweeney Chair: Apologies: Attending: 7
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North Ayrshire Council 12 February 2025 At a Meeting of North Ayrshire Council at 2.00 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Nairn Angus-McDonald, John Bell, Marie Burns, Eleanor Collier, Joe Cullinane, Charles Currie, Scott Davidson, Anthea Dickson, Stewart Ferguson, Robert Foster, Scott Gallacher, Tony Gurney, Alan Hill, Mary Hume, Cameron Inglis, Christina Larsen, Shaun Macaulay, Tom Marshall, Jean McClung, Louise McLaughlan, Matthew McLean, Davina McTiernan, Donald Reid, Chloé Robertson and John Sweeney. Present (Remote Electronic Participation) Todd Ferguson, Jim Montgomerie, Ian Murdoch, Donald L. Reid and Angela Stephen. In Attendance C. Hatton, Chief Executive; C. Cameron, Director (Health and Social Care Partnership); D. Hammond, Executive Director, L. Mitchell, Senior Manager (Governance) (Communities and Housing); S. Anson, Executive Director (Education), L. Cree, Head of Service (Sustainability, Transport & Corporate Property) (Place); M. Boyd, Head of Service (Finance); F. Walker, Head of Service (People and ICT); A. Craig, Head of Service (Democratic), R. Lynch, Senior Manager (Legal Services); M. McColm, Senior Manager (Communications), C. Stewart and S. Wilson, Committee Services Officers, and H. Young, Senior Committee Services Officer (Democratic) (Corporate Services). Chair Provost Dickson in the Chair. Apologies Margaret Johnson, Amanda Kerr and Ronnie Stalker. 1. Provost's Remarks The Provost welcomed those present to the meeting and dealt with preliminary matters, including intimation that the meeting, which was taking place on a hybrid basis, was being recorded. 2. Apologies The Provost invited intimation of apologies for absence, which were recorded. 3. Declarations of Interest In terms of Standing Order 11 and Section 5 of the Councillors' Code of Conduct, Councillor McLaughlan, as a former employee of Vineburgh Community Centre, Agenda Item 3 9
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declared an interest in Agenda item 16 – Question 8. There were no declarations of the Party Whip. 4. Previous Minutes The accuracy of the Minutes of the Ordinary Meeting held on 18 December 2024 was confirmed and the Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local Government (Scotland) Act 1973. 5. Provost’s Report Submitted report by the Provost for the period from 9 December 2024 – 2 February 2025. Noted. 6. Leader’s Report Submitted report by the Leader of the Council for the period for 29 December 2024 – 2 February 2025. Noted. 7. Council Minute Volume Submitted for noting the Minutes of meetings of committees of the Council held in the period 8 January 2025 – 23 January 2025. Noted. 8. Community Planning Partnership Board: Minutes of Meeting held in December 2024 Submitted report by the Executive Director (Communities and Housing) on the on the CPP Annual Report and overviews of the meetings of the North Ayrshire Community Planning Partnership Board held on 5 December 2024. A Member asked a question of clarification in respect of the Community Planning Partnership Board minutes and agendas being available on the website. At the invitation of the Provost, the Chief Executive apologised for the delay and confirmed that the issue had now been rectified. Noted. Councillor Collier joined the meeting at this point. 10
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9. Appointments to Committee The Council was invited, in terms of Standing Order 8.5, to note the changes in the membership of a number of committees. Accordingly, the Council agreed as follows: a) to note that Councillor Gallacher is the Depute Leader of the Conservative and Unionist Group and accordingly appointed to the Staffing and Recruitment and Appeals Committees; b) in respect of the Police and Fire and Rescue Committee, to note (i) the resignation of Councillor Kerr effective from 5 February 2025 and (ii) the appointment of Councillor Currie to fill this vacancy in terms of Standing Order 8.5, effective from 12 February 2025; c) in respect of the North Ayrshire Integration Joint Board, to note (i) the resignation of Councillor Sweeney as a named substitute effective from 18 November 2024 and (ii) the appointment of Councillor Foster to fill this vacancy in terms of Standing Order 8.5, effective from 12 February 2025; and d) in respect of the Staffing and Recruitment Committee and Appeals Committees, to note (i) the resignation of Councillor Foster as a named substitute effective from 5 February 2025 and (ii) the appointment of Councillor Hume to fill this vacancy in terms of Standing Order 8.5, effective from 12 February 2025. In terms of Standing Order 8.4, Councillor D Reid, seconded by Councillor Cullinane, moved that Councillor Hume be appointed to the Police and Fire and Rescue Committee and the Education Appeals Committee. There being no other nomination, Councillor Hume was duly appointed. 10. Appointments to Outside Bodies The Council was invited (a) to consider nominations received in respect of the Ayrshire Valuation Joint Board, Clyde, Kintyre and Islands Ferry Stakeholder Group and North Ayrshire Fairtrade Zone Steering Group and (b) note that Councillor D. Reid having been previously appointed, would now serve as a substitute member on the North Ayrshire Fairtrade Zone Steering Group. In relation to nominations to the various Outside Bodies: Councillor D Reid, seconded by Councillor Cullinane, moved that Councillors Currie and Hume be appointed to serve on the Ayrshire Valuation Joint Board. There being no other nomination, Councillors Currie and Hume were duly appointed. Councillor D Reid, seconded by Councillor Cullinane, moved that Councillor Currie be appointed to serve on the Clyde, Kintyre and Islands Ferry Stakeholder Group. There being no other nomination, Councillor Currie was duly appointed. Councillor D Reid, seconded by Councillor Cullinane, moved that Councillors Currie and Hume be appointed to serve on the North Ayrshire Fairtrade Zone Steering 11
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Group. There being no other nomination, Councillors Currie and Hume were duly appointed. Accordingly, the Council agreed to appoint (i) Councillors Currie and Hume to serve on the Ayrshire Valuation Joint Board; (ii) Councillor Currie to serve on the Clyde, Kintyre and Islands Ferry Stakeholder Group; and (iii) Councillors Currie and Hume to serve on the North Ayrshire Fairtrade Zone Steering Group. 11. North Ayrshire Ventures Trust Ltd Submitted report by the Head of Service (Democratic Services) on the resignation of a Director from North Ayrshire Ventures Trust Ltd and the appointment of a new Director to the Board of North Ayrshire Ventures Trust Ltd. The Council agreed to (a) note the resignation of Derek McCrindle as Director; and (b) approve the appointment of Karen Craib to the Board of North Ayrshire Ventures Trust Ltd. Councillor McTiernan joined the meeting at this point. 12. Council Budget 2025-26 Engagement Findings Submitted report by the Head of Service (Democratic Services) on the findings from the recent Budget Engagement consultation to inform decisions on the 2025-26 Council Budget with a more detailed overview of responses to each of the six areas set out at appendices 1 – 6 to the report. A Member asked a question of the Monitoring Officer and was provided with clarification that the Eglinton Park petition referred to in the report related to saving the Ranger Service at the Park. Councillor Hill, seconded by Councillor Larsen, moved the approval of the Council Budget 2025-26 Engagement Findings. There being no amendment, the motion was declared carried. 13. Council Tax on Second Homes 2025-26 Submitted a report by the Head of Service (Finance) on the revision of the current policy on Council Tax charges for Second Homes within North Ayrshire from 1 April 2025. Members asked questions and were provided with further information in relation to: • the number of houses that could be built using the 10% extra funding for affordable housing; • consultation responses not being considered as they show that 59% were against the levy whereas only 38% were for the levy being applied; • council tax discount being applied to a second home if there is already an existing discount on the main home; 12
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• the appropriate checks and assessments to be carried out on the ownership of properties; and • assessment in respect of the Consumer Duty. Councillor Larsen, seconded by Councillor Burns, moved the approval of the revision of policy on Council Tax on Second Homes 2025-26 as set out in the report. As an amendment, Councillor Inglis, seconded by Councillor Gallacher, moved that Council does not agree to: (a) approve the revisions to the current policy to implement a 100% premium Council Tax charge on second homes from 1 April 2025; (b) approve that 10% of any additional income received under this policy is ringfenced to support investment in affordable housing; and (c) approve the extension of the current provision for a 50% Council Tax discount for up to 12 months on recently purchased. Councillor S Ferguson left the meeting at this point. Members asked questions of clarification of the movers of the amendments. There followed debate and summing up. On a division and roll call vote, there voted for the motion, Councillors Angus- McDonald, Bell, Burns, Collier, Cullinane, Currie, Davidson, Dickson, Foster, Gurney, Hill, Hume, Larsen, Macaulay, McClung, McLaughlan, McTiernan, Montgomerie, Murdoch, Reid, Robertson and Sweeney (22) and for the amendment, Councillors T. Ferguson, Gallacher, Inglis, Marshall, McLean, D.L. Reid and Stephen (7). The motion was declared carried. Accordingly, the Council agreed to approve (a) the revisions to the current policy to implement a 100% premium Council Tax charge on second homes from 1 April 2025; (b) that 10% of any additional income received under this policy is ringfenced to support investment in affordable housing; and (c) the extension of the current provision for a 50% Council Tax discount for up to 12 months on recently purchased properties undergoing repairs or renovations to include second homes. 14. Non-Domestic Rates Empty Property Relief Submitted a report by the Head of Service (Finance) on the revised policy for the provision of Empty Property Relief in relation to Non-Domestic Rates. Councillor Gurney, seconded by Councillor Larsen, moved the approval of the Non- Domestic Rates Empty Property Relief set out in Appendix 2 to the report. There being no amendment, the motion was declared carried. Accordingly, the Council agreed to (a) note the feedback from the Budget Engagement in relation to Non-Domestic Rates set out at in Appendix 1; and (b) approve the revised policy for the provision of Empty Property Relief in relation to Non-Domestic Rates from 1 July 2025 set out at Appendix 2 to the report. 13
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15. Housing Revenue Account (HRA) Capital Investment Programme, Revenue Budget and Rent Levels for 2025/26 Submitted a report by the Executive Director (Communities and Housing) on the proposed HRA capital investment programme and revenue budget for 2025/26 and the consequential rent levels. Members asked questions and were provided with further information in relation to: • the lower rent increase option choice considering the current housing stock pressure; • if the capital plan brings the Council’s social housing stock closer to carbon neutral by 2030; and • The hybrid plan for energy in housing given the Council has signed a Fossil Fuel Non-Proliferation Treaty which would be kept under review. Councillor Hill, seconded by Councillor Macaulay, moved the approval of the Housing Revenue Account (HRA) Capital Investment Programme, Revenue Budget and Rent Levels for 2025/26. There being no amendment, the motion was declared carried. Accordingly, the Council agreed to (a) approve the 10 year HRA capital investment programme set out at Appendix 1; (b) approve the HRA revenue budget for 2025/26, set out at Appendix 2; (c) approve a rent increase of 3.84% in 2025/26 for council houses, garages/lock ups and temporary accommodation; (d) approve maintenance of the current rate for gypsy travellers site fees; (e) note the indicative rent increases of 3.84% for the remaining 29 years of the Business Plan; (f) approve a 5% increase to service charges. 16. Questions In terms of Standing Order 14, submitted: (1) a question by Councillor Currie to the Cabinet Member for Finance in the following terms: Residents and community groups on Arran have expressed disappointment that the Council is considering closing Arran Outdoor Centre for the second time in two years. Can the Cabinet Member give us an update on the future of the Outdoor Centre following the conclusion of the Council’s budget consultation and notice of next year’s Local Government settlement from the Scottish Government? Councillor Larsen thanked the Member for his question and responded in the following terms: All members will have seen details of the Council’s Budget engagement feedback from our communities covered earlier in this meeting. It is now a matter for all elected members to consider this feedback when setting the Council’s budget on the 26th February. The council has already received details of the provisional Budget 14
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settlement for 2025/26. Details of future years settlement are not known at this time and we would expect this in December 2025. As a supplementary question, Councillor Currie advised that his original question had not been answered. Councillor Burns raised a point of order on the validity of question asked. Councillor Larsen responded by advising that she had answered Councillor Currie’s original question. She commented that budget process is multifaceted, options are brought forward every year with Members making decisions on those options as part of the budget setting process and that it is common for some services to be included in options every year which includes both saving proposals and revenue raising proposals. (2) a question by Councillor Marshall to the Cabinet Member for Finance in the following terms: To ask the cabinet member for Finance, noting that some 600,000 persons ( circa 23% of the working population in Nationalist Scotland as opposed to 17% in England), are employed in the Public Sector, should the policy of North Ayrshire Council be to seek to reduce employment costs by either adopting a policy of compulsory redundancies or a pause on recruitment to enable the poor Council Taxpayer some relief? Councillor Larsen thanked the Member for his question and responded in the following terms: The council will continue to adapt its workforce plans in accordance to the level of funding available to deliver its services to communities. It is recognised that we continue to operate in a challenging financial environment. The council continues to operate an agreement of no compulsory redundancies and where there requires to be a change in service delivery which could result in a reduction in the workforce, we would aim to redeploy in the first instance in order to maintain employment, but where this is not successful then our release packages aim to support the next chapter of life or career for the individual affected. The council already has a process in place to provide scrutiny of vacancies and only recruit into essential posts to maintain service delivery. The level of council tax set will continue to be a matter for all elected members, including considering the impact this could have on communities. Councillor Larsen also advised that she does not accept the premise of Councillor Marshall’s question which seems to imply the lower level of public sector employees in England is something we should aspire to. Areas in England have seen libraries and sports centres closed, community centres cut back or removed altogether, councils have declared bankruptcy. The public sector employees teach our children, care for you when you are sick, clean the roads and pavements, clean the bins, staff community centres and libraries and risked their lives during the covid-19 pandemic. We are proud and thankful to all our staff who continue to deliver our vital services. 15
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On a point of order, Councillor Inglis advised that the question has not been answered. On a further point of order, Councillor Inglis advised that Councillor Larsen does not know what Councillor Marshall thinks. As a supplementary question, Councillor Marshall asked if lack of productivity applies within North Ayrshire Council? Councillor Larsen responded that it did not apply in North Ayrshire Council and that our public sector workers are highly valued. (3) a question by Councillor Cullinane to the Cabinet Member for Finance in the following terms: Can the Cabinet Member list any new projects that were added to the Capital Programme in 2023/24 and 2024/25? Councillor Larsen thanked the Member for his question and responded in the following terms: New investments across these years included £5.4m to support decarbonisation of the Council’s vehicle fleet, an additional £5m to support delivery of the B714 project, £2.5m property investment to support the Council’s property review and an additional £3.6m investment in Schools ICT. The Council continues to manage high levels of construction cost inflation and this has been impacted further with a significantly increased cost of borrowing from higher interest rates. This is set within the context of major capital development projects within North Ayrshire at critical stages. Last year saw the completion of the new Moorpark primary and Montgomerie park primary schools as well as major flood prevention works in Upper Garnock and Millport. This year major projects include progressing the new Ardrossan Campus development and various Ayrshire Growth Deal projects as well as sustained levels of core infrastructure lifecycle investment, including roads, lighting, vehicles and footpaths. The capital programme will continue to remain under review and further investment will be considered but any plans have to be affordable. As a supplementary question, Councillor Cullinane asked the Cabinet Member to confirm that there had been no new projects added to the Capital Programme in 2023/24 and 2024/25? Councillor Larsen responded and advised that the Capital Programme can be reviewed at any time and Councillor Cullinane is welcome to bring a motion to make changes. Inflation, material and labour cost rises have all increased, while other councils have withdrawn projects from their Capital Programme, under this administration we have not and that is something we should be proud of. 16
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(4) a question by Councillor Inglis to the Cabinet Member for Green Environment and Economy in the following terms: Can the cabinet member provide an update on what is going to happen at Auchenharvie Leisure centre since its roof was ripped off during storm Eowyn? Councillor Gurney thanked the Member for his question and responded in the following terms: Immediately following Storm Eowyn on Saturday 25 January Building Services attended the site and made the building perimeter secure with Heras fencing. This was a precautionary safety measure for clear segregation from members of the public. A roofing contractor was also contacted on Friday 24 January and they inspected the Auchenharvie Leisure Centre with representatives from KA Leisure and North Ayrshire Council on Monday 27 January. The visit was primarily to assess the extent of damage and agree measures to make the building safe. During the week commencing 27 January, contractors attended site, and have removed the damaged roof sections, including flashing and insulation in order to make the building safe. While this was being undertaken internal checks were being made by KA Leisure in preparation for a partial opening of the building to the general public. Following receipt of a report from the roofing contractor on Friday, KA then opened the building with partial facilities available for building users, which included ice skating, dance suite and fitness suite for operation on the morning of Saturday 1st February. We have requested a quotation from the roofing contractor to replace the area of damaged roof which had to be removed. The loss adjuster has visited the building on Friday 31 January to assess the storm damage and we await receipt of their report. A structural engineer has been appointed and will visit the property on Thursday 6th February to assess the condition of the remainder of the roof and the sub-structure. We have also asked for mechanical & electrical, and pool-plant advice on the internal damage which may have occurred as a result of the storm. As a supplementary question, Councillor Inglis asked if members could be updated on the works at Auchenharvie Leisure centre to keep their constituents up to date. Councillor Gurney responded and advised that he would be more than happy to keep members updated. (5) a question by Councillor Hume to the Cabinet Member for Communities, Housing and the Islands in the following terms: Can the Cabinet Member advise us what was the last contract awarded for a Council house development, how many houses will be built in the development and what the total cost of the contract was? 17
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Councillor Hill thanked the Member for her question and responded in the following terms: The last contract awarded as part of our Strategic Housing Investment Plan was for the delivery of 202 new homes at the Ayrshire Central Hospital site in Irvine which commenced on site on 4 November 2024. The contract was awarded to Ashleigh (Scotland) Ltd at a contract value of £42,892,194. The development will deliver a mix of general needs, amenity and wheelchair user homes with an expected completion date of winter 2027. As a supplementary question, Councillor Hume asked for clarification on the cost of 202 houses at the Ayrshire Central Hospital site and what North Ayrshire is doing to reduce the cost of homes to enable more to be built in the area? Councillor Hill responded and advised that headline figures on different developments should not be compared as they are all very different. Land acquisition costs, demolition costs, incidentals are all different, with more accessible housing is being built on the Ayrshire Central Hospital site which cost more. Councillor Hill advised he could arrange a meeting for Councillor Hume and officers to discuss any queries. (6) a question by Councillor Marshall to the Cabinet Member for Education in the following terms: To ask the cabinet member for Education, noting that the January Cabinet report records that 37.9% of pupils miss more than 10% of possible attendance in 2023-24 (that being the highest rate in Scotland) what practical steps are being taken to increase school attendance? Councillor Macaulay thanked the Member for his question and responded in the following terms: The Cabinet paper presented by the Education Service in January sets out clearly the actions already underway to improve attendance and reduce persistent absence across North Ayrshire schools. The Service had identified attendance as a priority area for improvement and the Member will be aware that this has featured in the annual Education Service Improvement Plan for the last two years. The Cabinet report gives detailed descriptions of the specific, practical steps being undertaken collaboratively across the Education Service. There are currently four workstreams which focus the Service’s actions to improve attendance across all schools. This work is already beginning to show positive impact on school attendance. In a snapshot of data for the current school year at the end of December, there has been an improvement in overall attendance and a reduction in persistent absence this year, when compared to the same periods over the last two school years. The Service recognises that there is still significant scope for further improvement. In addition to current actions, the Service will build on the progress to date through 18
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continued collaboration, including with national agencies, enhanced professional learning, further support for vulnerable groups, and strengthened partnerships. In addition, attendance improvement will remain a service-wide priority embedded in school and service quality improvement plans. As a supplementary question, Councillor Marshall asked what the current overall attendance rate was for schools? Councillor Macaulay responded and advised that he would get the information and pass to all members. He further advised that we recently accepted an opportunity to participate in national improvement work and are working to improve attendance. (7) a question by Councillor Foster to the Leader of the Council in the following terms: In 2023-24, the SNP administration cut the Council’s Cost of the School Day fund which provided £500,000 of funding annually to support families with costs associated with school education. A one-off fund of £1.2million replaced the COSD fund, representing a significant reduction in anti-poverty funding. Two years in and having recently made the decision to scrap the Leaders Child Poverty Board, can the Leader tell us how the £1.2million has been spent? The Leader of the Council thanked the Member for his question and responded in the following terms: Following creation of a £1.2m child poverty and early intervention fund as part of the Council budget setting process in March 2023, the Board has administered and allocated £251,322 from this fund to an initial phase of year one projects to tackle child poverty in the 2024-25 financial year. The allocations were as follows: • £50,000 committed to the provision of computer equipment for our communities to tackle digital exclusion • £20,000 to explore sustainable childcare provision building upon views shared as part of the mini enquiries • £61,322 to remove school meal debt • £50,000 to explore initiatives to support travel for training and employment • £20,000 for our targeted Active Schools programme which removes poverty as a barrier to accessing sport • £50,000 to support our No Wrong Door initiative. Further work is planned in early 2025 to evaluate the impact of funded supports to ensure that an effective evidence base informs the allocation of remaining funding. The Leader of the Council advised that the question suggests there has been a significant reduction in anti-poverty funding but this is not the case. The Council has a wide range of measures to address poverty and should be flexible and change to ensure we have the maximum impact when necessary. This approach applies to structures, which again should be flexible and adapt to change. Following 2 years working with partners on the Child Poverty Board, a self-evaluation exercise concluded that joint working could best be delivered as a work stream under the 19
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Community Planning Partnership as it requires partnership working and now child poverty has been formalised as a priority for the CPP. The structure has changed but the work, and if anything has grown in the last 2 years. As a supplementary question, Councillor Foster remarked on his assertion of policy failure and asked if the Leader would ask partner organisations to provide funding or will just be council funding? The Leader of the Council responded and advised that we value the contribution made by partner organisations, but that it is not always an issue of money and is often about joint working, targeting joint support to those who need it most. She further advised that this will not be solved overnight but we are building strong foundations, with support of other organisations, including the Fairer Futures Fund, CHES and the Scottish Government. The Leader disagreed with any assertion of policy failure. (8) a question by Councillor Gallacher to the Cabinet Member for Communities, Housing and the Islands in the following terms: To ask the cabinet member for an update on the reopening of the Vineburgh Centre in Irvine? Councillor Gallacher thanked the Member for his question and responded in the following terms: Officers have been working through a range of checks on the Vineburgh Centre building, with a target re-opening date of early February 2025. However, an issue has arisen with the utility connection which we are working to resolve with the supplier. The timing of this is unfortunately and frustratingly outwith our control. In the meantime, previous building users continue to be supported with lets in alternative Council premises and officers are working to facilitate re-opening of the building as soon as possible. Once a revised date has been confirmed for re- opening, groups will be contacted to update them, and officers will work with the local community regarding the future operation of the building. As a supplementary question, Councillor Gallacher asked what the issue was with the utility companies? Councillor Hill responded and advised that he ask officers to provide an update to Councillor Gallacher after the meeting. The Monitoring Officer confirmed that as Councillor McLaughlan had declared an interest in the agenda item, she would not be able to raise a point of order. The Monitoring Officer also confirmed the position in relation to standing orders, that there is no provision for any Member, other than the Member who has submitted the question and the Cabinet Member responding to take part in this part of the meeting. 20
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(9) a question by Councillor Marshall to the Cabinet Member for Education in the following terms: To ask the cabinet member for Education, noting that the Commission on School Reform using SQA national data recently stated that in 2024 40.1% of the S4 cohort of pupils achieved an Award A-C in Mathematics, what is the equivalent pass rate in North Ayrshire? Councillor Macaulay thanked the Member for his question and responded in the following terms: The National 5 Mathematics pass rates A -C for S4 candidates in 23-24 was 76% of all S4 presentations. This equates to 26.6% of the relevant school roll. The equivalent figures for National 5 Applications of Mathematics are 68% and 36.2% respectively. Overall, 42.6% of the school roll achieved a A-C pass in National 5 Mathematics courses in 2024. (10) a question by Councillor T Ferguson to the Cabinet Member for Communities, Housing and Islands in the following terms: To ask the portfolio holder for Communities and Housing to provide an update on the council's resilience response to Storm Eowyn on Cumbrae? Councillor Hill thanked the Member for his question and responded in the following terms: Firstly, I would like to thank all of the staff across the Council, Health and Social Care Partnership and Emergency Services who have worked tirelessly across the initial response and subsequent recovery phase of the recent Storm Eowyn. The Council’s resilience response on Cumbrae centred on supporting the Cumbrae Resilience Team (CRT) who must be applauded for a sterling and comprehensive response to supporting the Cumbrae community, alongside various local businesses. Throughout the storm event contact was maintained with the CRT and staff on the island - this allowed the Council’s Emergency Management Team to continuously review the need for any specific support requirements A summary of the Council supports provided to the residents of Cumbrae directly and via the CRT are as follows: - Dispatch of additional senior care staff to the island - Calls to families of vulnerable people to check-in and additional visits to all care at home service users - Dispatch of food provision - Dispatch of 50 flasks 21
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- Supply and installation of a generator to allow the local church to act as a drop-in centre for vulnerable people identified by the resilience group - Distribution of a number of power banks to staff and volunteers for mobile phone charge etc. - Distribution of hot meals from our FM team The Ayrshire Local Resilience Partnership, which met on regular basis during the response to the storm, have agreed to arrange a separate de-brief with community groups who were involved in providing support throughout Ayrshire. This will be a valuable opportunity for the groups in Arran, Cumbrae and the wider North Ayrshire area to contribute to any lessons learned, recommendations and outcomes which can feed into future responses to such incidents. Alongside this exercise, a de-brief for internal Council services is scheduled to capture any further lessons learned in as part of the response and recovery efforts. The storm has caused a significant amount of damage in the local area. Officers are taking a risk-based approach to prioritising the property, tree and other remedial works required and we appreciate the support and patience from members of the public as attend to these. As a supplementary question, Councillor T Ferguson asked if the lack of equipment on the island such as chainsaws could be looked at as part of the lessons learned and any future contingency plans to secure lighting at the ferry slip. At the invitation of the Provost, the Chief Executive advised that resilience was very much an operational matter and provided clarification that a lessons learned exercise would be undertaken and that it was also important to recognise the widespread extent of the storm. The Council was dealing with both Islands being under significant pressure along with many areas on the mainland. The response of the community resilience teams was outstanding. We had many council staff responding heroically but we could cover everywhere. Lessons learned and feedback will be gathered from various areas and we will act on that accordingly. (11) a question by Councillor T Ferguson to the Cabinet Member for Education in the following terms: To ask the portfolio holder for Education if the Scottish Government have provided any updated guidance on gender neutral toilets in Schools? Councillor Macaulay thanked the Member for his question and responded in the following terms: Historically, toilet provision in schools has been provided in accordance with the School Premises (General Requirements and Standards (Scotland) Regulations 1967. The 1967 regulations have not been amended since 1973 and therefore do not take into account developments in Human Rights and Equalities legislation and societal change. 22
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In recognition of the historical nature of the regulations, a Scottish Government consultation was undertaken to review them in 2017 with findings published in 2018, and which to date, have not been advanced. As a supplementary question, Councillor T Ferguson asked when the Scottish Government consultation comes around could all elected members be consulted on this? Councillor Macaulay responded and advised that if a consultation comes forward he will engage with other elected members along with school staff, children and parents. 17. Urgent Item The Provost intimated that she had received a request that the Council consider an urgent item in terms of Standing Order 10.8, but that the matter did not meet the test for urgency and would not, therefore, be considered. Noted. The meeting ended at 3:55 p.m. 23
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North Ayrshire Council 26 February 2025 At a Special Meeting of North Ayrshire Council at 2.00 p.m. involving a combination of participation by remote electronic means and physical attendance within the Council Chambers, Irvine. Present (Physical Participation) Nairn Angus-McDonald, John Bell, Marie Burns, Eleanor Collier, Joe Cullinane, Charles Currie, Scott Davidson, Anthea Dickson, Stewart Ferguson, Todd Ferguson, Robert Foster, Scott Gallacher, Tony Gurney, Alan Hill, Mary Hume, Cameron Inglis, Margaret Johnson, Christina Larsen, Shaun Macaulay, Tom Marshall, Jean McClung, Louise McLaughlan, Matthew McLean, Davina McTiernan, Jim Montgomerie, Ian Murdoch, Donald Reid, Chloé Robertson, Ronnie Stalker, Angela Stephen and John Sweeney. Present (Remote Electronic Participation) Amanda Kerr and Donald L. Reid In Attendance C. Hatton, Chief Executive; C. Cameron, Director (Health and Social Care Partnership); D. Hammond, Executive Director; S. Anson, Executive Director (Education), Russell McCutcheon, Executive Director (Place); M. Boyd, Head of Service, D. Forbes, Senior Manager, N. Graham, Team Manager, K. MacDonald, Team Manager, A. Dunsmore, Team Manager (Finance); F. Walker, Head of Service (People and ICT); A. Craig, Head of Service (Democratic), R. Lynch, Senior Manager (Legal Services); M. McColm, Senior Manager (Communications), C. Stewart and S. Wilson, Committee Services Officers, and H. Young, Senior Committee Services Officer (Democratic) (Corporate Services). Chair Provost Dickson in the Chair. 1. Provost's Remarks The Provost welcomed those present to the Special Budget setting meeting and dealt with preliminary matters, including the process for conducting the meeting and intimation that the meeting, which was taking place on a hybrid basis, was being recorded. 2. Apologies There were no apologies for absence. 3. Declarations of Interest There were no declarations of interest in terms of Standing Order 11 and Section 5 of the Councillors' Code of Conduct. There were no declarations of the Party Whip. Agenda Item 3 25
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4. Council Budget Engagement Petitions Submitted report by the Head of Service (Democratic) on the outcome of consideration by Cabinet and the Audit & Scrutiny Committee of the following five petitions relating to possible Council Budget Options: Petition 1 - Save Saltcoats and Ardrossan Libraries from Budget Cuts Petition 2 - Possible parking charge enforcement in Kilwinning Petition 3 - Possible closure of Dreghorn Library Petition 4 - Proposed closure of Beith Library Petition 5 - Proposal to cut the Eglinton Park rangers service and closure of the community garden The Monitoring Officer advised that there were no budget proposals relating to Saltcoats and Ardrossan, Dreghorn and Beith Libraries and parking charge enforcement in Kilwinning. The Monitoring Officer outlined the terms of the petition on the proposal to cut the Ranger Service based at Eglinton Park, the points raised by the principal spokespersons on their objections to the proposal and provided clarification that the Country Park status would remain if the ranger service was lost. The Council agreed to consider the report as part of the budget setting process for the coming year. 5. General Services Revenue Estimates 2025/26 to 2027/28 Submitted report by the Head of Service (Finance) on the Council's revenue spending requirements and anticipated funding for 2025/26 to 2027/28, the level of reserves and fund balances held by the Council, and options to address the funding gap. Appendices 1 and 2 to the report set out the revised expenditure requirements for 2025/26 and operational budget adjustments, respectively. Savings approved as part of the 2024/25 revenue budget and the expenditure requirements identified for 2025/26 to 2027/28, were detailed at Appendices 3 and 4. Appendix 5 summarised proposed savings, excluding the Health and Social Care Partnership, and Appendix 6 contained a list of proposed charges with effect from 1 April 2025. The budget matrix for 2025/26 was set out at Appendix 7 to the report. Councillor Kerr joined the meeting at this point. The Provost invited the Administration to move its budget proposals. 26
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Councillor Larsen, seconded by Councillor Burns, moved as follows: “That Council supports the recommendations set out in the report, subject to the following amendments: a) New non-recurring investment of £325,000 to support the exploration of a wellbeing enterprise hub at the current Greenwood conference centre site in 2025/26. b) Increase Council tax in 2025/26 by 0.5% to 7.5%, generating a further £325,000 recurring income. c) Remove the following recurring saving from consideration for 2025/26: • Review of services at Eglinton park - £76,000 d) Roads / Streetscene enforcement activities - Merge the 2 activities to create a multi skilled enforcement activity and deliver a saving of 2 FTE posts in 2025/26 - £50,000 e) Accelerate £26,000 of planned savings from 2026/27 into 2025/26 in respect of the review of KA leisure services. This does not change the overall level of planned savings, but the profile of the savings associated with the review.” Thereafter, Councillor Cullinane, seconded by Councillor Bell, moved an amendment as follows: “That Council agrees to set the level of Council tax increase at 9.05% and supports the recommendations set out in the report, subject to the amendments noted below; a) Remove the following ‘cuts’ a. Teacher numbers b. School Crossing Patrollers c. Music Service d. Eglinton Park Total: £1,381,000 b) Propose the following ‘savings’ a. Enforcement activities – merge the 2 teams Total: £50,000 c) Remove the financial target of £325,000 in 2026/27 for the Review of KA Leisure Reviews to enable a proper review of services d) Remove £4m non-recurring money for the ‘Change programme’ e) Deliver on last year’s capital amendment with £4million investment shared between the electoral wards with no planned future capital investment 27
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(distribution to be agreed by a report to Council): a. Kilwinning b. Saltcoats and Stevenston c. Garnock Valley d. Arran. “ Councillor S Ferguson left the meeting during consideration of this item of business. Thereafter, Councillor Inglis, seconded by Councillor Gallacher, moved the following amendment: “That Council supports the recommendations set out in the report, subject to the following amendments: Non-Recurring Funds a) Reduce funding from the Council’s current earmarked funds for 2025/26 as follows: • Reduce Tree planting fund £371,000 • Reduce Energy smart fund £1,000,000 • Community Asset transfer start-up fund £200,000 b) Increase investment for 2025/26 in the following areas: • Additional Roads Investment £1,000,000 • Additional Streetscene investment £571,000 Recurring Funds c) Apply the following recurring savings: • Review of Facilities management staffing structure in Homes for young people - £70,000 • Proposal to deliver a further 5% reduction across school / early years cleaning budgets. The overall reduction now being 10% - £95,000 • Review provision of Area Inclusion workers and reduce the number of posts by 6 FTE based on an August 2025 implementation - £139,000 • Review the current Community Learning and Development provision with a reduction in 10 posts across the service and based on a 16 week lead in time for implementation in 2025 - £346,000 d) Reduce the level of council tax increase by 1% from 7% to 6% - £650,000.” Thereafter, Councillor McLean advised that the Reform UK Group would not propose an amendment to the report and that their dissent to the budget outcome should be noted. 28
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Members then asked questions of clarification on the following: • further detail on the implications of point (a) of Councillor Larsen’s motion on the wellbeing enterprise hub at Greenwood conference centre given the decision that Greenwood conference centre was surplus to requirements as part of the Irvine property review; and • further detail on the number of posts held in the Community Learning and Development Team referred to in point (c) of Councillor Inglis’ amendment and the percentage of the team the loss of 10 posts would represent At the invitation of the Provost, the Chief Executive provided clarification that a report was taken to Cabinet on the outcome of the marketing exercise for Greenwood Conference Centre, a decision was taken by the administration with the call-in period for that decision ended and was now a decision for Council. A further question in respect of the Community Learning and Development proposal was not permitted by the Provost as it did not constitute a question of clarification. In terms of Standing Order 6.8, the Provost agreed that the meeting be adjourned at 2.55 p.m. to allow Members to consider the motion and amendments. The meeting reconvened at 3.40 p.m. with the same Members and officers present and in attendance, with the exception of Councillors S Ferguson and McLean. In terms of Standing Order 16.7, the Provost sought clarification as to whether the mover and seconder of the motion or any amendment wished to alter or withdraw their motion or amendment. Councillor Larsen, with the agreement of her seconder, intimated that she wished to alter her motion to read as follows: “That the Council agrees to a 7% increase in Council tax for 2025/26 and supports the recommendations set out in the report, subject to the following amendments: Recurring Funds a) Remove the following recurring saving from consideration for 2025/26: • Review of services at Eglinton park - £76,000 b) Roads / Streetscene enforcement activities - Merge the 2 activities to create a multi skilled enforcement activity and deliver a saving of 2 FTE posts in 2025/26 - £50,000 c) Accelerate £26,000 of planned savings from 2026/27 into 2025/26 in respect of the review of KA leisure services. This does not change the overall level of planned savings but changes the profile of the savings associated with the review. Non-Recurring Funds d) Re-allocate funds from the Tree planting fund - £100,000 29
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e) Re-allocate funds from the Energy smart fund - £750,000 f) Re-allocate funds from the Community Asset Transfer Start up Fund - £200,000 g) New additional investment in the roads infrastructure in 2025/26 - £500,000 h) New additional investment in the Streetscene service in 2025/26 - £250,000 i) New non-recurring investment of £300,000 to support the exploration of a wellbeing enterprise hub at the current Greenwood conference centre site in 2025/26.” In terms of Standing Order 16.5, Councillor, Inglis, with agreement of seconder, intimated the withdrawal of his amendment. The Executive Director (Communities and Housing) provided clarification that the number of posts currently held within the Community Learning and Development team was 34. Members then asked questions of clarification of the movers of the motion and received clarification on the following: • further detail on the purpose of a wellbeing enterprise hub referred to in point (i) of Councillor Larsen’s motion; and • whether the ranger service at Eglinton Park, referred to in point (a) of Councillor Larsen’s motion would be retained; On a point of order, Councillor Cullinane advised that standing orders do not allow for inaccurate statements to be made. There followed debate and summing up. Thereafter, on a division and roll call vote, there voted for the motion, Councillors Burns, Collier, Davidson, Dickson, T. Ferguson, Gallacher, Gurney, Hill, Inglis, Johnson, Larsen, Macaulay, Marshall, McClung, McTiernan, Robertson, Stalker and Stephen (18) and for the amendment, Councillors Angus-McDonald, Bell, Cullinane, Currie, Foster, Hume, Kerr, McLaughlan, Montgomerie, D. Reid, D.L. Reid and Sweeney (12), Councillor Murdoch abstaining and the motion, as revised, was declared carried. Accordingly, the Council agreed as follows: a) to note the anticipated funding available to meet the Council’s expenditure requirements and the areas of ongoing financial risk to the Council; b) to approve the Council's expenditure requirements for 2025/26 and notes the indicative requirements for 2026/27 and 2027/28; 30
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c) to approve the new strategic investments and risk provision outlined in section 2.7.2 of the report, subject to: i) the reallocation of £100,000 from the tree planting fund ii) the reallocation of £750,000 from the energy smart fund iii) the reallocation of £200,000 from the Community Asset Transfer start up fund iv) additional investment of £500,000 in the Roads infrastructure in 2025/26 v) additional investment of £250,000 in the Streetscene service in 2025/26 vi) non-recurring investment of £300,000 to support the exploration of a wellbeing enterprise hub at the current Greenwood conference centre site in 2025/26 d) to note the projected outturn position for 2024/25; e) to note the level of reserves and fund balances held by the Council and approves any use and contributions to and from these; f) to approve the additional contribution to the HSCP noted at 2.8.1; g) to approve efficiencies and savings to ensure a balanced budget for 2025/26, consequentials and new proposals in future years, subject to: i) removal of the recurring saving to review services at Eglinton park totalling £76,000 ii) create a multi skilled enforcement activity within Roads and Streetscene to deliver a saving of £50,000 (2 FTE posts) in 2025/26. iii) accelerate £26,000 of planned savings from 2026/27 into 2025/26 in respect of the review of KA leisure services. The saving does not change the overall level of planned savings but the profile of the savings associated with the review. h) to approve implementation of the revised service delivery model for the previously approved school library saving outlined at paragraphs 2.7.7 to 2.7.9; i) to approve the schedule of Council fees and charges detailed in Appendix 6; j) to approve 7% increase of Council Tax for 2025/26; k) to note the anticipated funding gaps for 2026/27 and 2027/28; l) to note the equality, children’s rights and other impacts of any service changes; 31
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m) to note the feedback from the community Budget engagement exercise; n) to note progress to date on the Council’s Sustainable Change Programme and corporate Workforce Planning; and o) to approve the budget matrix for 2025/26 set out at Appendix 7 to the report. Councillor Currie left the meeting during consideration of the following item of business. 6. Capital Investment Programme 2025/26 to 2033/34 Submitted report by the Head of Service (Finance) on the draft Capital Investment Programme to 2033/34. The current capital programme to 2033/34, details of the proposed changes to the programme following the review, and the revised Capital Investment Programme covering the period from 2025/26 to 2033/34, were set out at Appendices 1-3 to the report, respectively. The revised Capital Investment Strategy was provided at Appendix 4 to the report. A Member asked a question of clarification in respect of the figure for the sale of land and buildings following the recent council decision to retain the Greenwood Conference Centre. Councillor Larsen, seconded by Councillor Burns, then moved approval of the recommendations set out in the report. There being no amendment, the motion was declared carried. Accordingly, the Council agreed as follows: a) to approve the refreshed Capital Investment Programme to 2033/34 included in Appendix 3; b) to note that the programme will be reviewed on an on-going basis with the next major review in 2026/27; and c) to approve the refreshed Capital Investment Strategy included in Appendix 4. 7. Revenue Estimates 2025/26 – Common Good Funds and Trusts Submitted report by the Head of Service (Finance) on the anticipated annual income and expenditure of the Common Good Funds and Trusts administered by North Ayrshire Council and seeking approval for the level of grant funding to be made available for disbursement in 2025/26. The 2025/26 revenue estimates for the Common Good Funds and registered Charitable Trusts were detailed at Appendix 1 to the report. Appendix 2 listed the remaining trusts and a number of sundry bequests. Appendix 3 listed the external investments. 32
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Members asked questions and were provided with further information in relation to the two shareholdings identified as being inconsistent with the Council’s investment strategy, when the investments would be sold and the process for selling the investments for the best rate. Councillor Larsen, seconded by Councillor Burns, then moved approval of the recommendations set out in the report. There being no amendment, the motion was declared carried. Accordingly, the Council agreed as follows: a) to approve the 2025/26 revenue estimates for the Common Good Funds and registered Charitable Trusts set out at Appendix 1 to the report; b) to approve the amounts available for disbursement noted at paragraphs 2.9 and 2.10 of the report; c) to approve capital spend from the dormant and low value Trusts and Common Good Funds, and instruct officers to seek approval from the Office of the Scottish Charity Regulator (OSCR) prior to the disbursement of any grant which would result in the winding up of a Trust; and d) to approve the disposal of Trust external investments as detailed at paragraph 2.11 to 2.13 of the report. 8. Treasury Management and Investment Strategy 2025/26 Submitted report by the Head of Service (Finance) on the proposed Strategy for Treasury Management and Investment activities within the Council for the financial year 2025/26. The draft Strategy document was set out at Appendix 1 to the report. Councillor Larsen, seconded by Councillor Burns moved approval of the recommendations set out in the report. There being no amendment, the motion was declared carried. Accordingly, the Council agreed to approve the Treasury Management and Investment Strategy for 2025/26 set out at Appendix 1 to the report. 9. Urgent Items The Provost intimated that she had received a request that the Council consider an urgent item in terms of Standing Order 10.8, but that the matter was not related to the Budget and would not, therefore, be considered. Noted. The meeting ended at 4:15 p.m. 33
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OFFICIAL INFORMATION OFFICIAL INFORMATION PROVOST’S REPORT For the period covering: 3 February – 16 March 2025 The attached report gives a summary and brief details to Council, of meetings and events attended by the Provost of North Ayrshire Council, Councillor Anthea Dickson. Agenda Item 4 35
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PROVOST’S REPORT • • • 1 OFFICIAL INFORMATION OFFICIAL INFORMATION PROVOST’S REPORT For the period covering: 3 February – 16 March 2025 Since the last meeting of the Council, I have taken part in many events, including: Garnock Valley Pipes and Drums Ceilidh, Geilsland Estate, Beith, 8 February On 8 February, I attended the Garnock Valley Pipes and Drums Ceilidh at Geilsland Estate, Beith. The event was well attended, and it was great to see so many people supporting the pipes and drums tuition at Geilsland. The interest in traditional music was very much alive and it was heartening to see the older musicians encouraging the novices. Dalry Primary School Art Competition, Dalry, 10 February On 10 February, I helped judge Dalry Burns Club annual art exhibition in Dalry Primary School. The enthusiasm for the project gets the whole school involved. There was poetry, drawing and painting and so much talent on show. North Ayrshire Young Musician of the Year, Saltcoats Town Hall, 13 February It was another delightful evening at the North Ayrshire Young Musician of the Year in Saltcoats Town Hall on 13 February. The event showcased the exceptional musical talent we have in our schools. All nine of our secondary schools participated. The winner of the event, Stella McIntyre from St Matthew’s Academy, will go on to represent North Ayrshire at the national final of the Scottish Young Musicians in May. Older People’s Voice Conference, Saltcoats Town Hall, 14 February It was a pleasure to welcome everyone to the annual Older People’s Voice Conference in Saltcoats Town Hall on 14 February. The interesting event is jointly planned and hosted by the Council’s Community Learning and Development team in partnership with older people across the six localities to encourage as many people as possible to have a voice. 36
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PROVOST’S REPORT • • • 2 OFFICIAL INFORMATION OFFICIAL INFORMATION World Wheelchair Curling Championships, Auchenharvie Leisure Centre, Stevenston, 1 – 16 March On 1 March, I attended the Opening Ceremony of the World Wheelchair Championships, in Auchenharvie Leisure Centre, Stevenston. It was a great pleasure to welcome all the competitors to Stevenston and indeed North Ayrshire. This annual event attracts interest from all over the world and in recent years has been held in Gangneung, South Korea, Richmond, Canada, and Beijing, China. The Championships were organised by Scottish Curling with support from several partner organisations including North Ayrshire Council, KA Leisure, SportScotland and British Curling. On 5 March, HRH Prince Edward, Duke of Edinburgh visited the Championships. As Patron of the British Paralympic Association, His Royal Highness met with the competitors and organisers. On 6 March, I attended a reception in Seamill Hydro hosted by Scottish Curling to celebrate the championships and to meet the key people involved in delivering the event. Visit to Clyde Coast and Cumbraes Men’s Shed, Bath Street, Largs, 4 March On 4 March, I visited the Clyde Coast and Cumbraes Men’s Shed in Largs. The group have gone from strength to strength in the last two years and have quickly established themselves as a vibrant local community organisation. They are now set to take ownership of the Brisbane Centre in a community asset transfer and have exciting plans for expansion. Royal Visit, Stevenston, 5 March On 5 March, the Depute Provost and I welcomed HRH Prince Edward, when he visited the Doon The Beach Café, in Stevenston where he had a chance to meet the team there and chat with some members of local groups. The facility offers a café, toilets and community hub using shipping containers for the structure. Raise Your Voice with Ardeer (RYVA) is the charity behind this project, which is a fine example of community empowerment and is now home to a bustling social hub. 37
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PROVOST’S REPORT • • • 3 OFFICIAL INFORMATION OFFICIAL INFORMATION Provost’s Visit, Dalgarven Mill Museum of Costume and Country Life, Kilwinning, 6 March On 6 March, I visited Dalgarven Mill Museum of Costume and Country Life in Kilwinning. The museum is housed in a three-storey grain mill which dates from 1880. It is filled with artefacts showing the lives of past rural workers. It is also home to a fabulous costume collection dating from the mid-1700s to the present day. The museum is a registered charity and run by a Board of Trustees and a band of volunteers. There are no paid members of staff at the museum. Their funding comes from admission charges and the on-site tearoom. It was a pleasure to be able to see the excellent work caried out by volunteers and recognise the vital role they play in keeping the museum operating. Dalry Burns Club Concert, St. Margaret’s Parish Church, Dalry, 7 March On 7 March, I attended “The Twa Fiddles” concert in St. Margaret’s Parish Church, Dalry. The concert marked the 200 anniversary of Darly Burns Club. This was a thoroughly enjoyable event, with great performances celebrating Scottish music and literature. Scottish Schools Pipe Band Championships, Kilmarnock Academy, Kilmarnock, 9 March On 9 March, I attended the Scottish Schools Pipe Band Championships in Kilmarnock. I was also invited on to the judging panel for the Eilidh McLeod Endeavour Award. Eilidh was a talented musician who died in the 2017 Manchester Arena bombing. I witnessed some fantastic performances during the day and there was a great enthusiasm throughout for traditional music. Congratulations to Isle of Arran Pipe Band who came joint equal in the Novice Class. Mr and Mrs McKenzie, Diamond Wedding Anniversary, Irvine, 13 March On 13 March, I visited Mr and Mrs McKenzie at their home in Irvine where they were celebrating their Diamond Wedding anniversary. It is always a pleasure to be able to mark these milestones and to listen to recollections of years gone by. Provost’s Visit, Love Hall Youth Group, Kilwinning, 13 March I visited Love Hall Youth Group in Kilwinning on 13 March. The Group supports young people between S1 and S3, meeting weekly and participating in many activities. They are now looking to become a youth forum to support the community and take part in fundraising events. It is a privilege to witness first-hand the fantastic work that goes on in our local communities. 38
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PROVOST’S REPORT • • • 4 OFFICIAL INFORMATION OFFICIAL INFORMATION Councillor Anthea Dickson Provost North Ayrshire Council 39
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Official Information Official Information LEADER’S REPORT For the period covering: 3 February – 16 March 2025 The attached report gives a summary and brief details to Council, of meetings and events attended by the Leader of North Ayrshire Council, Councillor Marie Burns. Agenda Item 5 41
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LEADER’S REPORT • • • 1 Official Information Official Information LEADER’S REPORT For the period covering: 3 February – 16 March 2025 NHS AYRSHIRE AND ARRAN BOARD MEETING, 3 February On 3 February, I attended an NHS Ayrshire and Arran Board meeting where attendees received updates on various Patient Safety Reports. The Board also received and discussed reports relating to Performance Governance, Healthcare Governance and Board Governance, including a report on Health and Care delivery planning for Ayrshire and a report detailing the Capital Investment Plan for 2025 – 2030. Minutes from Integration Joint Board meetings held for East, South and North Ayrshire Councils in October and November 2024, were also agreed. OPENING OF IRVINE SENIORS INFORMATION DAY, 10 February On 10 February, I was delighted to be asked along to the Volunteer Rooms in Irvine to give the opening speech at the Irvine Seniors Information Day. As Older People’s Champion it has been my objective to develop and strengthen existing relationships with our elderly community groups and to create new ones. It is important that our elderly residents feel they are being listened to and included in influencing local democracy, Council and other Partner strategies. We do this through our robust participation engagement framework, primarily our “Older Peoples Voice Participation Strategy”. This strategy is made up of our Older People’s Voice Network, Executive Older People’s Council and our annual Older People’s Conference. All of these are supported by our Community and Learning Development staff and provide channels for our elderly communities to raise issues and ensure that their needs are considered in the planning and delivering of policies and services. ELECTED MEMBER DEVELOPMENT SESSION, COUNCIL’S TRANSFORMATION PROGRAMME, 17 February On 17 February, I attended an elected member development session in Cunninghame House, for an update on North Ayrshire Council’s Transformation Programme. The Programme consists of several of our major projects progressing across the Council and form part of our medium to long - term financial plans. 42
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LEADER’S REPORT • • • 2 Official Information Official Information AYRSHIRE ECONOMIC JOINT COMMITTEE MEETING, 17 February Later on 17 February, I attended a meeting of the Ayrshire Economic Joint Committee (AEJC). Following an update on the Ayrshire Growth Deal (AGD) Programme Risk Register, attendees then received a report on the change request to adopt a phased approach to Full Business Case development and demonstrator project delivery, following approval by the UK and Scottish Governments. This included the proposal for next steps to deliver the programme of pathfinder projects and the feasibility assessment and re-scoping of the Centre of Excellence facility. The Community Renewable Energy (CoRE) project is one of three AGD projects being delivered by East Ayrshire Council. CoRE aims to showcase how a Green recovery can transform our rural towns and villages and make our communities better connected, healthier and improve the standard of living through a just transition, whilst support the creation of long-term sustainable jobs. The project is supported by an investment of £17 million from the UK Government and £7.5 million from East Ayrshire Council. TRADE UNION AND PRESS BUDGET BRIEFINGS, 20 February On 20 February, I attended two separate budget briefings: the first with Trade Unions and the second with the Press. These were in advance of the Budget Council meeting held on 26 February. Despite The Council facing unprecedented budget challenges, I am pleased that we have been able to set a balanced budget for 2025/26 while protecting our valuable services within our communities. THE GREAT HARBOUR PHASE 1 PHOTOCALL, 24 February On 24 February I attended an official photo call to mark the first phase of the Ayrshire Growth Deal (AGD) project “The Great Harbour” which is set to transform Irvine’s Harbourside area. The £14 million Ayrshire Growth Deal project is being supported with £9 million from the Scottish Government. The “Great Harbour” is a key component of the £251m Ayrshire Growth Deal and one of the most ambitious and transformational regeneration tourism proposals for the region. Contractors McLaughlin Construction are carrying out the first phase works which will include the development of a themed regional playpark. A skatepark is also being 43
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LEADER’S REPORT • • • 3 Official Information Official Information constructed, while there will be repairs to the Pilot House building and new landscaped park setting that reflects the coastal location, improved active travel connections and the re-lining of the Beach Drive car park to increase capacity. 1ST TIER JOINT CONSULTATIVE COMMITTEE & CORPORATE HEALTH AND SAFETY GROUP MEETING, 25 February On 25 February, I chaired a meeting of the 1st Tier Joint Consultative Committee and the Corporate Health and Safety Group. Attendees received Health and Safety reports from various Directorates. The LiveWell Group continues to promote wellbeing activities and campaigns to support the wellbeing of our workforce via a range of communication channels including email, News in Brief, SharePoint and social media platforms. The LiveWell Programme is split into five key themes: PlayWell, BeWell, WorkWell, EatWell and SaveWell, and over the past few months have arranged the following, to name but a few: • The LiveWell group teamed up with the Outdoor Partnership to offer our employees the opportunity to try outdoor and water-based activities. Two sessions of canoeing on the River Irvine took place enabling 22 people to take part. For LiveWell the main objective was to use outdoor activities to encourage work colleagues to socialise and as a means of exercise. • KA Leisure and walking groups. • Active Travel and Trinity Hub initiatives, including free social bike ride sessions and Learn to Cycle sessions for pre-school and adults. • Honeybee Meditation and Soundbath Taster • Everyday Mindfulness, 4-week Course • Various Health Check sessions held throughout various locations in North Ayrshire for Council staff • A survey in relation to our Menopause guide which was initially introduced in 2019. As a result of this survey, and discussions with the trade unions, a new menopause guide has been published. • A new Employee Assistance Programme has also been launched. This provides employees a confidential support line offering a range of support for both personal and work matters. 44
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LEADER’S REPORT • • • 4 Official Information Official Information COLLABORATING TO REDUCE HEALTH INEQUALITIES: LAUNCH EVENT, 25 February Later on the 25 February I attended a launch event at Saltcoats Town Hall, “Collaborating To Reduce Health Inequalities” to mark the beginning a new working partnership and ambitious project. This bold new collaboration will work to enable people to live longer, healthier lives across North Ayrshire. North Ayrshire Council has started work with the Collaboration for Health Equity in Scotland, which brings the Council and NHS Ayrshire & Arran together with Public Health Scotland and the Institute of Health Equity to strengthen our local plans and improve wellbeing in our communities. Over the next two years, the partnership will support us to understand the actions which will have the greatest impact on health inequalities locally. By doing this, we aim to address the root causes of health inequalities and prevent illness before it starts. My thanks to everyone who attended the event, to all the speakers in particular Professor Marmot and of course, to North Ayrshire Council Director for Education, Sam Anson and team for organising such an interesting and informative event. OFFICIAL OPENING OF THE DIGITAL PROCESSING MANUFACTURING CENTRE (DPMC), 27 February On 27 February I was pleased to be invited along to the official opening of the Digital Processing Manufacturing Centre (DPMC) in Irvine. Hosted by the National Manufacturing Institute Scotland (NMIS), as part of the University of Strathclyde, the official opening was well attended by several guests including the Parliamentary Under Secretary of State for Scotland, Kirsty McNeill. The Digital Process Manufacturing Centre is a new centre designed to support process manufacturing industries with next-generation technologies to fuel economic growth and help to position the Ayrshire region as a leader in smart manufacturing and digital skills. For North Ayrshire Council it has been an important project to secure, using the Ayrshire Growth Deal as a catalyst, as it brings a key anchor organisation to Irvine and Ayrshire in the form of the University of Strathclyde and NMIS. This closely aligns with the Council’s pioneering work on Community Wealth Building and we hope that the pilot and future planned permanent facility will support the transformation of digital skills in Ayrshire and beyond. I would like to thank all the partners involved in helping us to get to this stage, it is a great achievement and shows the strength of partnership working with the Council as an enabler, 45
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LEADER’S REPORT • • • 5 Official Information Official Information the professional expertise and vision of NMIS and CPI and also the vital support from Booth Welsh and Scottish Enterprise NHS AYRSHIRE AND ARRAN HEALTHCARE GOVERNANCE COMMITTEE, 3 March On 3 March, I attended an NHS Ayrshire and Arran Healthcare Governance Committee where attendees received reports on patient safety and patient experiences. Several assurance reports were also presented and discussed including the following: • Health Visiting Pathway assurance report • Child Death Overview Process • Quality and Safety Walkrounds • Recommended Summary Plan for Emergency Care and Treatment (ReSPECT) update The minutes from various Corporate Governance meetings were also approved, including the Acute Services Clinical Governance Group, the Area Drug and Therapeutic Committee, the Paediatric Clinical Governance Group and the Prevention and Control of Infection Committee. Attendees also received various Risk reports including the Healthcare Governance Committee Risk Register, Significant Adverse Event Review progress report, Significant Adverse Event Review Key Performance Indicators and Improvement Plan. The Committee will meet again on 28 April 2025. COMMUNITY PLANNING PARTNERSHIP BOARD MEETING, 10 March On 10 March, I chaired a meeting of the Community Planning Partnership (CPP) Board at Fullarton Conexions. The Partnership received various updates on Child Poverty and the Cost of Living from the North Ayrshire Council Fairer Futures Team and also an update from KA Leisure on the work taking place around the North Ayrshire Wellbeing Alliance. Under the previous Child Poverty and Cost of Living Board, important developments have included the progress on working towards a Single Shared Assessment (SSA) funded by the Child Poverty Accelerator Fund and the establishment of the No Wrong Door approach. There are also a range of initiatives funded through the Child Poverty and Early Intervention Fund (CPEIF). Successful allocation of Fairer Futures Partnerships (FFP) funding has now enabled the formation of a dedicated Child Poverty Strategy Team, situated within the Education Directorate, with a key oversight role in collectively delivering holistic support, alongside the transition to a wellbeing economy, in reducing child poverty rates in North Ayrshire. 46
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LEADER’S REPORT • • • 6 Official Information Official Information IRVINE CLEAN UP CREW, BEACH COMMUNITY CLEAN UP, 15 March On 15 March, together with North Ayrshire Council Depute Leader, Councillor Shaun Macaulay, I took part in a community beach clean-up at Irvine beach. This provided the opportunity to meet with some of the volunteers of the Irvine Clean Up Crew and to get involved in some of the invaluable work they do to keep our local streets and beaches clean and tidy. I would like to thank all the volunteers who help regularly with the community clean ups, it is a first-class example of a community working together to help benefit their local area for everyone to enjoy. Councillor Marie Burns Leader of North Ayrshire Council 47
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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 Agenda Item 8 49
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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 50
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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. 51
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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 52
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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. 53
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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. 54
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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. 55
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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 56
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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) 57
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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. 58
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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. 59
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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 60
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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 61
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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 62
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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. 63
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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. 64
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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 65
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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. 66
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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. 67
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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 68
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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. 69
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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 70
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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 71
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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. 72
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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. 73
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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. 74
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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. 75
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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? 76
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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 77
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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 ☒ 78
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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) 79
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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) 80
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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’. 81
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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’. 82
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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 83
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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. 84
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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 85
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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 86
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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 87
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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. 88
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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 89
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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. 90
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Version: 6.0 Please email: northayrshireperforms@north-ayrshire.gov.uk 91
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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. 92
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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. 93
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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. 94
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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. 95
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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. 96
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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 97
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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. 98
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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. 99
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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. 100
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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. 101
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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. 102
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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. 103
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