Children's Rights Report: 2020- 2023 Review

Argyll and Bute Council · 26 September 2024
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ARGYLL AND BUTE COUNCIL       Argyll and Bute Council 
HEALTH AND SOCIAL CARE PARTNERSHIP          26 September 2024       
Children’s Rights Report: 2020-2023 Review. 
1.0 EXECUTIVE SUMMARY 
This report is the second Argyll and Bute Children’s Rights Report and is a review of
the first report completed in November 2020 but also looks at plan going forward.  .  A
child friendly, graphic “Plan on a Page” version of this plan has been produced in co-
production with groups of children and young people.  
In Scotland Government Ministers have a duty to promote public awareness and
understanding of the rights of children under Part 1 of the Children and Young People
(Scotland) Act 2014. Local Authorities and Health Boards have a duty to report back
every three years on the steps each has taken to secure better or further effect of
UNCRC requirements under s.2 and Schedule 1 of the 2014 Act.  However this will be
the last Children’s Rights Report written under this Act and guidance notes as The
United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act
2024, received Royal Assent on the 16th of January and the next local report, required
in 2026 will be under this Act and new guidance.

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ARGYLL AND BUTE COUNCIL       Argyll and Bute Council 
HEALTH AND SOCIAL CARE PARTNERSHIP          26 September 2024     
Children’s Rights Report: 2020-2023 Review. 
2.0 INTRODUCTION 
This current report notes the challenges of the last 3 years and welcomes the passing
of the new Act and the embedding of children’s rights in Scottish Law.  It also states
that Argyll and Bute’s commitment to children’s rights, equalities and achieving the best
possible outcomes for our communities is reflected in our Corporate Plan 2023 – 2027
and in a number of other plans.    
3.0 RECOMMENDATIONS 
3.1 The recommendation is that that this report be approved. 
4.0 DETAIL 
4.1 This current report notes the challenges of the last 3 years and welcomes the
passing of the United Nations Convention on the Rights of the Child
(Incorporation) (Scotland) Act into law. 
the United Nations Convention on the Rights of the Child (Incorporation)
(Scotland) Act 2024 
It also states that Argyll and Bute’s commitment to children’s rights, equalities
and achieving the best possible outcomes for our communities is reflected in our
Corporate Plan 2023 – 2027 and in a number of other plans including:   
• Argyll and Bute Child Poverty Action Plan Review 2022-2023;
• Argyll and Bute HSCP Joint Strategic Plan 2022 – 2025;
• Argyll and Bute Children and Young People’s Service Plan 2023 – 2026;
• Argyll and Bute Outcome Improvement Plan 2013 – 2023;
• Argyll and Bute Community Justice Plan 2017 – 2022;
• Argyll and Bute Corporate Parenting Plan 2021 – 2024;
• Argyll and Bute Employability Partnership Delivery Plan, 2022-25;

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• Argyll and Bute Education Strategic Plan 2022 – 2024. 
4.2 The report summarises the key area of the new Act that relate to local authorities:     
• Public authorities will not be allowed to act in a way, which is incompatible
with the UNCRC requirements. 
• Children, young people, and their representatives will have the power to go to
court to enforce their rights. 
• Courts will have powers to decide if legislation is compatible with the UNCRC
requirements. 
• Existing legislation will have to be read in a way, which is compatible with the
UNCRC requirements wherever possible. 
• The Children and Young People’s Commissioner Scotland and Scottish
Human Rights Commission will have powers to take legal action to protect
children’s rights. 
• Local authorities and others listed in the Bill will have to report every three
years on what they are doing to meet the UNCRC requirements. 
4.3 It goes on to say that a Framework has been provided by the Scottish
Government and Improvement Service to assist Local authorities and other
public bodies in meeting these obligations. These are: 
1. Leadership; 
2. Participation of Children and Young People; 
3. Empowerment of Children and Young People; 
4. Child Friendly Complaints Procedure; 
5. Training and Awareness Raising; 
6. Improving Practice- Tools and Resources to support your work; 
7. Publishing Child Friendly Information; 
8. Measuring Progress; 
9. Children’s Rights Budgeting; 
10. Accountability and Reporting on Children’s Rights; 
11. Non Discrimination / Rights at Risk.  
4.4 It also talks about engagement and that our multi-agency UNCRC
Implementation team, following consultation with children and young people, put
in a bid to The United Nations Convention on the Rights of the Child (UNCRC)
Innovation Fund. This was for monies to achieve 3 key outcomes: 
• Bring children and staff together to talk about how best to embed UNCRC. To
learn what children and young people think will work and how they want to be
involved
• Create and deliver an awards scheme, in coproduction with children and young
people that will encourage and recognize the progress of teams working to
change the way their staff and departments function so that the rights of children
and young people are respected and they are included in decision making.
• The awards scheme directly contributes to the effective implementation of the
Getting Ready for UNCRC Incorporation Framework and ensures inequitable

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access issues are addressed for remote, rural and island children and young
people as well as other groups. 
4.5 The UNCRC Implementation Group has been granted £53,000 from the
UNCRC Innovations Fund to achieve the desired outcomes; this will cover the
period between October 2023 and October 2024.  
4.6 In summary, the report then goes on to discuss other key areas relating to
Children’s Rights, including: 
➢ Getting it Right For Every Child (GIRFEC);
➢ Equality Impact Assessments;
➢ UNCRC Education Update (Nurturing School Framework, Rights
Respecting Schools, Professional Development and engagement activities);
➢ Child Protection (Protection from is integral to upholding children’s rights,
Rights based practice is central to child protection practice.);
➢ Child Health (The practice model ensures that all staff working with children
are doing what is best in the interests of the child. It is non-discriminatory and
ensures that children have a right to life and development. It also ensures
that children are protected from harm and abuse.);
➢ Tackling Child Poverty (Article 27: the right to a standard of living adequate
for the child’s physical, mental, spiritual, moral and social development);
➢ A Rights Respecting Approach to Youth Justice (Criminalisation of the
behaviour of children and young people should be avoided wherever possible
as this can have lifelong negative impacts on them.);
➢ The Argyll and Bute Community Planning Partnership (Members of the
Scottish Youth Parliament who are elected to represent Argyll and Bute are
invited to sit on the Community Planning Partnership Management
Committee and other relevant community planning groups, along with
members of their support team from Live Argyll.);
➢ Housing (A key priority will be to ensure an adequate housing provision to
provide safe, secure homes for families and children to flourish and lead
happy, health lives.);
➢ Transport (These issues have been recognised in Argyll and Bute are known
to be important when ensuring that children’s rights are respected and they
have equal opportunity and access to resources wherever they live.);
➢ The Promise (We have fully committed to the promise made to Scotland’s
infants, children, young people, adults, and families.);
➢ Trauma-Informed workforce (We have committed to further embedding our
trauma-responsive children’s services and children’s workforce as a key
strategic priority.);
➢ Tackling Domestic Violence (Children’s rights are recognised as key to the
work of the Violence Against Women and Girls Partnership as they are
harmed by domestic violence and other forms of gender based violence.);
➢ Working with Refugees in Argyll and Bute (To make children, young people
and their families aware of their rights the Motivation and Welling Being
Profile has been translated.);
➢ Employability (To maximise the role that employability plays in delivering
national and local aims of tackling poverty, promoting inclusion and social
justice and creating a fair and prosperous Scotland.);

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➢ Young Carers (Listening to feedback from Young Carers, we are currently
reviewing the Young Carers Statement to ensure it continues to meet the
needs of Young Carers.);
➢ Bute Advice Centre;
➢ Council’s Welfare Rights Service;
➢ My Tribe, Free Period Products.     
4.7 It should be noted that there will be some financial implications in terms of
embedding the UNCRC into the way in which the Council operates.  However
much is already being done in a rights respecting way; for example with
seeking the views of children and young people and engaging them in
coproduction; in considering the needs of children when setting budgets and
commissioning policy and when producing written material that needs to be
accessible.   
4.8 An easy read / graphic version of this plan has been created in co-production
with groups of children and young people.  It is hoped it will make this report
more accessible to both children and adults who prefer a more graphic
presentation.  It will also be used in the engagement activities to take place with
children this year.     
5.0 CONCLUSION
5.1 In conclusion the report sets out what changes have occurred since the last
report in terms of legislation and obligations placed on public bodies.  It asserts
Argyll and Bute Council’s commitment to delivering on these obligations and
working with children and young people to ensure that their voice is heard and
their needs and wishes are considered in every part of its functioning.  The
report also talks to plans for engagement with children and young people
throughout 2024 how it is hoped this process will ensure that children and young
people feel that they understand their rights and are being listened and
respected to in Argyll and Bute.  In addition this report looks at key areas (child
protection, Employability, Health, Tackling Child Poverty, Housing, Youth Justice
Etc.), what is happening and plans and commitment going forward.       
6.0 IMPLICATIONS
6.1 Policy 
Children’s rights underpin many, perhaps all our policy areas (see report).     
6.2 Financial 
It should be noted that there will be some financial implications in terms of
embedding the UNCRC into the way in which the Council operates.  For
example, with regards to training staff.  However this has so far been provided
in a cost effective manner, for example in e-learning modules on LEON and
TURAS and the provision of learning material on writing child friendly versions

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of information and documents.  Also much is already being done in a rights
respecting way; for example with seeking the views of children and young
people and engaging them in coproduction; in considering the needs of
children when setting budgets and commissioning policy and when producing
written material that needs to be accessible.   
6.3  Legal 
There are legal obligations for public bodies in relation to the implementation
of The United Nations Convention on the Rights of the Child (Incorporation)
(Scotland) Act 2024, one of those is fulfilled by the publication of this current
report; others are set out within this current report.  
6.4  HR 
There is a requirement for children’s wellbeing impact assessments to be
completed when actions are taken that might impact on children.  In Argyll
and Bute this is being carried out by integrating this duty into an Integrated
Impact Assessment that covers this and other duties. 
6.5  Fairer Scotland Duty:
We are required by the Fairer Scotland Duty (which forms part of the Equality
Act 2010) to actively consider ('pay due regard' to) how to reduce inequalities
of outcome. This current report as it outlines how we currently, and will, work
to forward children’s rights and listen to their views, fulfils this duty.
6.5.1   Equalities - protected characteristics
This report is about rights respecting approaches, activity and planning. 
Equalities are respected by this, for example “Article 23-If you are disabled,
either mentally or physically, you have the right to special care and education
to help you develop and lead a full life.”
6.5.2   Socio-economic Duty
Socio-economic issues are integral to children’s rights and the importance the
needs of the child being considered in all our decision making.  
6.5.3 Islands 
The challenges of affording children and young people across Argyll and
Bute, equal access to resources / rights entitlement, are noted in this report.  
6.6 Climate Change
Climate change is not directly referred to in this report but any actions that
impact negatively on the environment might be seen as a children’s rights
issue.  Children and young people should be consulted environment / climate
change issues.  
6.7 Risk

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If a Children’s Rights Report were not to be published at this point, the
Council and Health Board would be failing to meet the duty laid out In the
Children and Young People (Scotland) Act 2014 to publish one every 3 years.  
A commitment has been made to carry out a wide range of engagement with
children and young people across Argyll and Bute in 2024, telling them about
their rights and gaining their views on ways in which the Council can meet
them.  Funds have been given by the UNCRC Innovations Fund for this
purpose.  Failure to deliver would be seen as a failure to include children and
young people.  
All the work outlined in the report contributes to meeting the needs of children
and young people and respecting their rights.  Any circumstances that
impeded this work could be detrimental to achieving these goals.      
6.8  Customer Service
Appropriate communication and engagement with children and young people
is a key factor.  
6.9 The Rights of the Child (UNCRC) 
The rights of the child are supported by this report and the work noted within
it.   
David Gibson, Chief Social Work Officer
Policy Lead – Councillor Dougie McFadzean
16/07/2024                                                  
For further information contact:
Mandy Sheridan
Mandy.Sheridan@argyll-bute.gov.uk
01631572952