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.