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Embedding the United Nations Convention on the Rights of the Child (UNCRC)

North Lanarkshire Council · 23 May 2023
Back to Education, Children and Families Committee — 23 May 2023 and its agenda

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North Lanarkshire Council
Report
Education, Children and Families Committee 
Does this report require to be approved? ☒ Yes   ☐ No
Ref  AG/MF Date 23/05/23 
Embedding the United Nations Convention on the Rights of the
Child (UNCRC) 
From  Alison Gordon, Chief Social Work Officer (Education and Families, Justice
and Integrated Practice)  
E-mail gordonal@northlan.gov.uk Telephone 01698 332001 
Executive Summary 
On 16th March 2021 the United Nations Convention on the Rights of the Child
(Incorporation)(Scotland) Bill passed the final stage within the Scottish Parliament with
unanimous support.  Although implementation of the legislation has subsequently been
delayed by a referral to the Supreme Court and required amendment to ensure all
associate provisions sit within the competence of the Scottish Parliament, associated
practice, policy and system change has continued to be foundational to developments
within children’s services and beyond including the Promise’ s transformation programme
and reporting requirements on UNCRC are already embedded within national children’s
services planning requirements. 
This report advises on ongoing activity and developments to promote UNCRC and
embed this in practice and systems within North Lanarkshire.  This is not only to ensure
the Council can meet current and future obligations and duties with respect to UNCRC
but because this is critical to our ambition to ‘support all children and young people to
realise their full potential’ and to the approach to the new Resilient People programme of
work which supports the plan for North Lanarkshire. 
Whilst much of the activity reflected in this report has been led within the Education and
Families Service, obligations and duties with respect to UNCRC sit with the council as a
whole and thus also with elected members. The report therefore also addresses the role
of elected members in supporting, scrutinising, and realising children’s rights in North
Lanarkshire. 
Recommendations
It is recommended that Education, Children and Families Committee: 
(1) Note the content of this report.
(2) Approve the actions set out as Next Steps in section 2.13 of this report. 
The Plan for North Lanarkshire
Priority  Support all children and young people to realise their full potential
Ambition statement (7) Enhance collaborative working to maximise support and ensure
all our children and young people are included, supported, and safe

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1. Background 
1.1 The United Nations Convention on the Rights of the Child (UNCRC) is considered the
global ‘gold standard’ for children’s rights, and was ratified by the UK in 1991 and
therefore already provides a framework for the consideration of children’s rights.  In
Scotland this is reflected in the national approach for supporting children, Getting it
Right for every Child (GIRFEC) and in areas of existing legislation notably the
Children and Young People (Scotland) Act 2014.  The UNCRC (Incorporation)
(Scotland) Bill passed by the Scottish Parliament in March 2021 heralds however a
significant step change in the commitment to children’s rights by seeking to directly
incorporate the UNCRC into domestic law, taking a maximalist approach as far as this
is compatible with the powers of the Scottish Parliament. 
1.2 It was anticipated that this new legislation be enacted in October 2021, within 6
months of gaining royal assent, however the timetable has been impacted by a
referral to the Supreme Court by the UK government who consider that some specific
provisions within the Bill may encroach on reserved matters.  This position was
upheld by a supreme court judgement in October 2021.  It remains however the
intention of Scottish Government to incorporate the UNCRC into Scots Law as far as
this is possible within devolved competence as soon as is practicable and
preparations continue to return the Bill to the Scottish Parliament to address these
issues.  In the interim a significant programme of work continues at national level to
support implementation and full realisation of children’s rights by public authorities as
outlined at 1.6 below.   
1.3 The Bill which received unanimous cross-party support is intended to promote and
ensure compliance with the rights of children under 18 in decisions, actions (and
inactions), and makes these rights enforceable through the courts.  Specifically, it
intends to:
• make it unlawful for public authorities to act incompatibly with the incorporated
UNCRC requirements.
• give power to the Children and Young People’s Commissioner to take legal
action if children’s rights under the UNCRC are breached. 
• require Ministers to produce a Children’s Rights Scheme and to review this
annually.
• require listed public authorities (including councils) to report every three years
on what they have done to meet the UNCRC requirements, building on the
existing duties of the Children and Young People (Scotland) Act 2014. 
1.4 Whilst the UNCRC includes 42 wide ranging substantive articles, there are 4 general
principles, critical to implementation:
• apply rights without discrimination (Article 2)
• best interests of the child to be a primary consideration (Article 3)
• right to life, survival and development (Article 6)
• right to express a view and have that view taken into account (Article 12) 
1.5 The commitment to UNCRC and the promotion of children’s rights is   
fundamentally interwoven with the delivery of the Promise, to which full Council 
pledged its commitment in August 2020 and the Promise Plan 21-24 published in
March 2021 and is embodied in the ‘foundation’ of ‘voice’ and the ‘fundamentals’ of
‘what matters to children and families’, ‘listening’, ‘poverty’, ‘children’s rights’ and
‘language’.  The most recent planning guidance for Children’s Services Partnerships
also places significant emphasis on UNCRC.

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1.6 The Scottish Government has made available a range of resources to support public
bodies progress the culture, systems and practice changes required to deliver on
children’s rights in Scotland.  These include Introductory Guidance; a 20 minute
training resource; Advice and Guidance on enabling children and young people’s
participation in decision-making and the establishment of a Children’s Rights
Knowledge Hub. In addition, work continues on a Skills and Knowledge Framework,
Statutory Guidance and a capacity building programme with an Innovation Fund due
to launch in late spring to promote creative approaches to embedding children’s
rights. 
1.7 At a local level as detailed below embedding of children’s rights is a thread running
through a range of improvement activity and is aligned with current and future
programmes of work.  The Corporate Management Team (CMT) in considering the
implications of prospective legislation and the benefits of a rights-based approach in
2021 endorsed this work and in particular proposals to move towards adoption of
Children’s Rights and Wellbeing Impact Assessments (CRWIAs) to support key
decision-making.  In recognition of the need to promote awareness and ownership of
children’s rights across all council services.  UNCRC was also the focus of session of
the Council’s full operational management team in November 2022. 
2. Report 
Progressing Children’s Rights in North Lanarkshire 
2.1 Over recent years work within Children’s Services in North Lanarkshire has had
increasing focus on involvement and participation and embedding children’s rights in
our processes and delivery of services.  Whilst Community Learning and
Development colleagues have been key to much of this work, this is now much more
integrated across the full Children’s Service Partnership. 
2.2 In 2018 the Children’s Services Partnership and young people worked together to
develop a ‘Partnership Agreement’ marking the intention of moving away from
episodic consultation with children and young people to a framework to support
meaningful engagement and participation, built around 7 golden rules developed
though the Children’s Commissioner’s office:  understanding my rights; a chance to
be involved; remember it’s my choice; value me; support me; work together, keep in
touch. 
2.3 Further to this work the Children’s Services Partnership also made changes to its
structures and arrangements with, from 2019, young people being directly
represented on the Children’s Services Partnership Board via North Lanarkshire
Youth Council and Partnership Board representatives also committing to attending
wider Youth Council meetings.  Today Not Tomorrow, representing Care Experienced
Young People, are also linked into these arrangements and from early 2020 the
Children’s Champions Board has also provided a forum for this group to engage with
Senior Leaders.  More recently the Voice Task Group has been established with a
remit to ensure ‘voice’ is embedded in all service development and improvement
activity within the partnership, whilst the small team of Promise Development Workers
created in 2021 have had a critical role in ensuring developments are informed by
lived experience and in challenging stigma. 
2.4 Multiple strands of work are being progressed to ensure all children and young people
have the opportunity to be heard and involved in decisions which impact on their
lives.  This ranges from involvement in service development to the use of tools such
as the MOMO (Mind of my Own) app to support young people express their views.  A
key element of support is also the provision of advocacy to support young people

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involved in child protection, experiencing care or with additional support needs
including mental health issues.  Historically commissioned through social work there
has been an increased demand also for advocacy for education matters. 
Whilst significant progress has been made there however remains much work to be
done to address some of the barriers children and young people experience and to
make the system changes required to ensure voice and children’s rights are fully
embedded in our service and policy development and delivery. 
2.5 In November 2020, to support the development of the current Children’s Services
Plan (2021-2023), North Lanarkshire Youth Council led a survey of local children and
young people to gather views about UNCRC, awareness of children’s rights and
which rights children and young people felt were most important.  This was issued via
various networks and channels and led to over 400 responses which identified gaps
in awareness amongst young people and with respect to how they felt adults
understood their rights.  A key and innovative area of work progressed in response to
this was the awareness raising Make it Right campaign Children's Rights | North
Lanarkshire Council   produced and led by a mixed group of young people involved in
Future Fridays supported by staff from corporate communications and education and
families.  The campaign which was launched in February 2022 used a range of media
to promote awareness of children’s rights and has gained recognition nationally as an
example of good practice including by the Children’s Commissioner and a
representative on the UN Committee on Children Rights. 
2.6 Awareness amongst children and young people in North Lanarkshire is also
supported by a strong commitment to the Rights Respecting Schools Programme. 
National funding for this programme supported by UNICEF across all state primary
and secondary schools was confirmed in May 2022.  As of March 2023, 123 schools
in North Lanarkshire had gained a Rights Respecting Schools Award, 17 of these at
Gold level. 
2.7 Other key actions and system changes to support the realisation of children’s rights in
North Lanarkshire have focussed on the further enhancement of participation with the
Youth Participation Wheel approved by Education, Children and Families Committee
in August 2022, see diagram below.  A key strand of this has been the establishment
of the Future NL forum which provides an opportunity for a number of elected
members to come together with Youth Council and Youth Voice group
representatives and support staff to discuss areas identified as priorities by young
people.

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Children’s Rights and Wellbeing Impact Assessments 
2.8 A Children’s Rights and Wellbeing Impact Assessment (CRWIA) is designed to
support assess the potential impact of any policy/measure on children’s rights and
wellbeing.  It covers all children and young people under 18 and has been developed
as an improvement approach, tool and published output, following a similar
framework to an Equality Impact Assessment.  Guidance and a template for CRWIAs
was published by the Scottish Government in March 2019.  These were originally
developed to support Ministerial Duties under Part 1 of the Children and Young
People (Scotland) Act 2014 but are also intended for use by other public bodies and
children’s services.  Whilst use outside of government has not been mandatory over
this period, CRWIAs are a useful tool in ensuring that children’s interests and rights
are championed and going forward will be an essential vehicle to support and
evidence compliance with the new legislation. 
2.9 It is important to highlight that CRWIAs are relevant to all new policies and
measures which may impact on children and not only to developments within
children’s services.  They are framed not only around the UNCRC considerations
but also around the GIRFEC wellbeing indicators (Safe, Healthy, Achieving, Nurtured,
Respected, Responsible, Included), recognising the intrinsic links between these. 
The process followed is in line with EQIA practice with an initial Stage 1 Screening to
identify relevant aspects, likely impact and which groups of children or young people
may be impacted, with the scope and potential consequences as well as impact on
those most vulnerable used to support a proportionate decision on the need for
undertake a Stage 2 Assessment.    Should this be required there is a need to
consider all relevant articles on the UNCRC and supporting protocols, the impact on
children’s rights and wellbeing, the evidence base including stakeholder consultation
and the involvement of children and young people in the assessment.

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2.10 To date North Lanarkshire Council has not systematically used CRWIAs, although a
CRWIA was undertaken in respect of our current Children’s Services Plan, and these
have been tested to support a small number of reports.  Following this and
development work involving Education and Families and Chief Executives, including
legal services it is now planned to incorporate these into the standard reporting
template for the Senior and Corporate Management Teams and for Committee
reports.  The adoption of this measure in advance of a statutory requirement is a key
step and signal of intent and commitment on the journey to fully realise children’s
rights in North Lanarkshire. 
Role of Elected Members 
2.11 The Improvement Service has developed a web-based resource to support elected
members understand UNCRC and their role in the realisation of children’s rights and
ensuring the relevant duties of the local authority in this regard are met. Understanding
Children's Human Rights (arcgis.com). This highlights the importance of hearing
children’s views within political and decision-making processes and that many
changes in society have a disproportionate and often negative impact on our children. 
It suggests the importance of Elected Member’s in:  
• Championing children’s rights
• Remembering that these are a relevant consideration in all areas of business
which may impact, not only in children’s service, for example in areas such as
housing, transport and tackling poverty.
• Creating opportunities to listen to children and young people withing their
communities.
• Understanding their legal obligations to protect rights and to take action where
these are abused.
• Considering and prioritising children’s rights within council and partnership
planning including in budget decisions. 
2.12 Whilst it is important, as highlighted above, that children’s rights are considered within 
all areas of council business, the Education, Children and Families Committee will  
clearly have a key role and visibility on this as it is anticipated that moving forward a
significant proportion of reports to this committee will reference CRWIAs to support
decision-making.  Elected Members participating in some of the key structures
referenced above including the Children’ s Services Partnership, Children’s
Champions Board and Future NL will also have additional opportunities to support
and scrutinise the delivery of children’s rights in North Lanarkshire.  
Next Steps 
2.13 As is clear from the information set out action to realise children’s rights through best 
practice, culture and system change will continue to be integrated across a range of 
improvement activity.  It is planned however that key actions at this point include: 
• The introduction of CRWIAs into the standard report format for all reports to
council committees from Committee Cycle 3 of this year.
• Development of staff and member training inputs on UNCRC, drawing on
national resources as appropriate.
• Continued support for the roll out of the Rights Respecting Schools Award
across all North Lanarkshire Schools.
• Completion of the requirement to report on the delivery of children’s rights in
North Lanarkshire over the period April 2020-March 2023 by June 2025 in
line with Children’s Service Planning requirements.

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• Further engagement with young people involved in the Make it Right
campaign to inform next phase.
• Consideration of a bid to the Innovation Fund to support a defined area of
work to progress children’s rights.   
3. Measures of success 
3.1  Improved awareness of UNCRC and Children’s Rights.
3.2 The council is well prepared to meet its legal duties under new legislation.
3.3 Number of CRWIAs completed.
3.4 External and internal evaluation and feedback from children and young people
demonstrate progress towards fully realising children’s rights.     
4. Supporting documentation 
4.1 UNCRC Introductory Guidance 
Children's Rights and the UNCRC in Scotland: An Introduction (www.gov.scot) 
Alison Gordon
Chief Social Work Officer
(Children, Families, Justice & Integrated Practice)

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5. Impacts 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
The introduction of CRWIAs will complement these existing impact assessments 
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant financial impacts have been discussed and agreed with
Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts have been discussed and agreed with People
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☒ No ☐ 
If Yes, have all relevant legal impacts have been discussed and agreed with Legal
and Democratic? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
Activity reflected in the report supports the council in its current legislative duties
and the introduction of CRWIAs will support also meet new duties associated with
the new legislation when implemented. 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☐ No ☒ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☐ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐

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5.6 Technology / Digital impact 
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
Work to evaluate and build on the successful Make it Right campaign will be
undertaken in consultation and collaboration with the corporate communications
team 
5.9 Risk impact 
Is there a risk impact? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
Adopting CRWIAs in advance of new legislation/statutory guidance carries some
risk that further adaptation may be required at a future date however this is
outweighed by the benefits of these in supporting the council in its existing duties
and in its readiness for the new legislation.  Using these as a vehicle to progress
children’s rights in North Lanarkshire both supports the council in its own key
ambitions and reduces future vulnerability to potential actions for non-compliance. 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services.