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Update Report on the Implementation of the United Nations Convention on the Rights of the Child (Uncrc)

Argyll and Bute Council · 30 August 2023
Back to Argyll and Bute HSCP Integration Joint Board (IJB) — 30 August 2023 and its agenda

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Integration Joint Board 
Date of Meeting: 3 August 2023 
Title of Report: Update Report on the Implementation of the United
Nations Convention on the Rights of the Child (UNCRC) 
Presented by: David Gibson 
The board is asked to:
 Note progress on the Implementation of the UNCRC   
1. EXECUTIVE SUMMARY
The Children and Young people (Scotland Act) incorporates a duty on
Integration Joint Board where children’s services are delegated. Supporting
guidance on this duty can be found below:
Children and Young People (Scotland) Act 2014: Guidance on Part 1: Duties
of Public Authorities in Relation to the United Nations Convention on the
Rights of the Child (UNCRC) (www.gov.scot)
Defined as: “An integration joint board to which functions in relation to
persons under 18 years of age are delegated in pursuance of an
integration scheme prepared under section 1 or 2 of the Public Bodies
(Joint Working) (Scotland) Act 2014. [inserted by The Public Bodies
(Joint Working)(Scotland) Act 2014 (Consequential Modifications and
Saving Order 2015 (SSI 2015/157]” 
The incorporation of the UN Convention on the Rights of the Child (UNCRC
or Convention) into Scots law extends the duty and to ensure this is
embedded within the strategic approach of the Integration Joint Board work is
underway to ensure it is in adherence.  
2. INTRODUCTION
The Scottish Government fully committed to incorporate the UN Convention
on the Rights of the Child (UNCRC or Convention) into Scots law. This
commitment was met partially in 2021 when the Scottish Parliament
unanimously passed the UNCRC (Incorporation) (Scotland) Bill (Incorporation
Bill). The Bill is being reviewed in light of  the ruling from the United Kingdom
Supreme Court that it must adhere to the  Scottish Government's devolved
competencies to become binding Scottish legislation.   
There are a number of elements of the bill that are important for local
authorities to be aware of and act on:

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 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. 
In order to assist local authorities in meeting these obligations, the Scottish
Government and Improvement Service have provided a Framework for
Implementation that sets out the area that require to be addressed.  
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 
Nationally the Scottish Government is intending to pass this bill into law in
2023; this means that Royal Assent is expected by mid-2024 and for it to be
fully in force within 6 months of this.   
Locally a UNCRC Implementation group, led by Brian Reid, has been meeting
to look at developing a local plan and actions.  The group is multiagency in
membership and includes Social Care, Health, Education, Community
Justice, third sector and Council Performance and Improvement Services.  
The group will report to the Argyll and Bute PQ&A Group and the Community
Planning Partnership; members will also report to their own organisations
management and governing bodies.

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Going forward it is likely that this group will need to expand to include other
departments that are not traditionally child and young people facing. 
Children’s rights and UNCRC Implementation need to be seen as a Council
wide responsibility and all departments will be required to encompass child
friendly complaints procedures, providing child friendly documents and
information and children’s rights budgeting. Current plans and strategies will
require to be reviewed to ensure that they are rights respecting.   
It is likely that work will require to be carried out by departments to consider
how far these take into account minority or vulnerable groups of children and
young people who are at greater risk of having their right unmet rather than
simply consider children and young people as a homogenous group.   
Use of Equality Impact Assessments will be important here and there needs
to be greater clarity on what model will be used as we currently have our own
EQSEIA and there is also a CRWIA (Child Rights and Wellbeing Impact
Assessment). Work is going on with regards to making changes to the
EQSEIA an including the key elements of the CRWIA within it.   
Child Rights and Wellbeing Impact Assessment (CRWIA): External
Guidance (www.gov.scot) 
3. DETAIL OF REPORT 
The Child Friendly Cities and Communities Programme at UNICEF (UK) have
translated the UNCRC into practice by guiding the user through seven
principles.  It places children and young people at the centre of policy
development and design, delivery and evaluation of services and has been
proven to lead to better outcomes. 
A child rights-based approach is made up of seven principles. They offer
guidance by describing the quality of care and provision that each child should
experience when using services that are grounded in children’s rights. 
 Dignity - Each child is a unique person with intrinsic worth and should
be respected and valued in all circumstances. 
 Best interests of the child - Determining and doing what is best for a
child, with that child, at that time and in that situation. 
 Non-discrimination - Each child is treated fairly and protected from
discrimination. 
 Life, survival and development - Each child is able to develop, thrive,
achieve and flourish. 
 Participation - Each child is heard in matters affecting them and
participates in the lives of their family, community and wider society. 
 Interdependence and indivisibility - Each child enjoys all rights
enshrined in the UNCRC, whatever the circumstances. 
 Transparency and accountability - Dependable, open and accountable
relationships and dialogue between Local Government, communities,

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families and children and young people is essential in the collective
goal of securing children’s rights
Local Plans and Actions: 
Awareness
Brian Reid, Sharon Erskine and Rebecca Spillane (Improvement Service)
to give a presentation to Senior Managers, Heads of Service, key partners
and elected members. This will set out the scope of UNCRC
Implementation and the changes and developments required to take place
in Argyll and Bute.  Heads of Service will be asked to cascade information
to staff and to put people forward for training events that will be taking
place on issues such as: UNCRC Awareness, Writing Child Friendly
Document, Implementing Child Friendly Complaints Procedures and
Children’s Rights Budgeting.   
Coproduction and Engagement
Work will be carried out with children and young people to ensure that they
are involved with planning and decision making going forward.  This is
likely to involve the Youth Voice Group, Young Carers and School
Students.  Coproduction has already taken place with regards to a bid to
the UNCRC Innovations Fund; this involved school students, young carers
and several youth groups.   
Child Friendly Complaints Procedure
A model for this is currently being piloted and work will be required to
consider its implementation locally and how it will integrate with existing
complaints procedures.   
Development of an Awards Scheme for teams and departments undertaking
Children’s Rights actions / changes.  This will look at aligning with implementation
framework tasks and key areas of the Children and Young People’s Service Plan. 
The UNCRC Implementation Group has put in a bid to the UNCRC Innovations
Fund for £53,000 to cover:
 A series of events Argyll and Bute wide that will engage children and young
people and introduce them to their rights and to how the Council and their
key partners work. How do they think that coproduction and the delivery of
coproduction, child friendly information / complaints procedure can be
achieved? 
  A group of children, young people and staff will work on devising and
delivering an Awards Scheme for staff / departments engaged in the roll
out of the UNCRC. 
Training
A number of training areas have been identified that will be necessary for
staff bringing these changes forward.  These will include:
 UNCRC Awareness,

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 Writing Child Friendly Document, 
 Implementing Child Friendly Complaints Procedures, 
 Children’s Rights Budgeting.  
Some of these will be developed in house but the Improvement Service
are also developing training modules and toolkits for staff and these will
be shared and presented locally. The Improvement Service is indicating
their “Skills and Knowledge Framework” and related training tools, will be
by March 2024.   
Information and Communications
A website is being set up that will be accessible to staff and others and will
include information and updates as well as presentations and key
documents.  Heads of Service will be asked to make their staff aware of
this and ask them to access it.   A Communications Plan will be developed
to include this and other work.   
E-Learning on LEON will be addressed.  A module was placed on LEON
some months ago which has been of value but now requires to be updated.   
Reporting
Councils and Health Boards are required to produce a Children’s Rights
Report every 3 years.  Argyll and Bute’s current report will be updated this
year.  Whilst this report does not require to be shared with the Scottish
Government, it does require to be published and will therefore require
approval from the IJB.     
4. RELEVANT DATA AND INDICATORS
The Council and Health Board have a joint responsibility to produce an
updated Children’s Rights Report this year, as soon as is possible after 1st of
April.  This was delayed due to the need to develop a UNCRC Implementation
plan and to engage / coproduce and place a bid with the UNCRC Innovations
Fund.  A plan will be produced by the end of September and will require
approval by the IJB.   
5. CONTRIBUTION TO STRATEGIC PRIORITIES
This review notes contribution to the Scottish Governments national 
priorities and the Argyll and Bute Outcome Improvement Plan.  Children’s
Rights should become a part of all future strategic planning. 
Following awareness raising and training, the key changes will have to be
made by all departments.  Responsibility for development and monitoring will,
in the first instance be with the relevant Heads of Department.  Oversight will
be by the IJB and other bodies, depending on the department and the issue. 
For example HR would be involved in supporting, monitoring and ensuring a
child friendly complaints procedure.   
Other areas have asked departments to develop their own Children’s Charters
and this might be a good idea for Argyll and Bute.

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6. GOVERNANCE IMPLICATIONS
6.1 Financial Impact – Financial impact is uncertain at this point.  We do not
know if we will be successful with our UNCRC Innovations Fund bid.  In
addition we don’t yet know the detail of what will be provided in terms of
training resources via the Improvement Service and their “Skills and
Knowledge Framework”. It is likely that there will be costs attached to
achieving the necessary levels of coproduction by the Council going
forward. 
6.2 Staff Governance – Training will be necessary in a number of areas
including: UNCRC / Children’s Rights Awareness Raising; Child Friendly
Complaints Procedures; Providing Child Friendly Information and
Coproduction and Engagement with Children and Young People.  An
Information and Training website is being set up for staff and Managers
and there will be linked content on LEON. 
6.3 Clinical and Care Governance – Regulation and Quality Assurance
measures have not yet been made clear by the Scottish Government. 
However it is clear that compliance will be expected with the “Getting
Ready for UNCRC Incorporation Framework; A Practical Resource for
Local Authorities in Scotland to prepare for UNCRC Incorporation”. 
Equality Impact Assessments are going to be an important part of both the
process and evidencing that the Council is compliant and has consulted
with children and young people appropriately.  Hence it will be important
to reach decisions on the CRWIA’s are aligned / integrated with our
existing EQSEIA’s.     
7. PROFESSIONAL ADVISORY
“The UNCRC is at the heart of the Government's commitment to ensuring that
all children and young people have the best possible start in life, regardless
of their circumstances. As duty bearers under the UNCRC, public authorities
are expected to do all they can to implement the Convention and uphold
children's rights.”
8. EQUALITY & DIVERSITY IMPLICATIONS
Advisory is available in supporting a Children’s Rights and Wellbeing Impact
assessment. 
Child Rights and Wellbeing Impact Assessment (CRWIA): External
Guidance (www.gov.scot)
9. GENERAL DATA PROTECTION PRINCIPLES COMPLIANCE 
When implementing the UNCRC, consultation and coproduction with a wide
range of children, young people and their representatives will be necessary. 
Ensuring that GDPR principles are complied with will be important.  
10. RISK ASSESSMENT
Risks relating to the implementation of the UNCRC include:
 Not making our staff group sufficiently aware of their duties in terms of
children’s rights.  Children and young people will have the ability to
make complaint or take matters to court if they do not feel they have
been listened to and their rights respected.

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 Managers and staff in all departments will need to be able to engage
and coproduce with children and young people and to demonstrate that
they have taken their views and needs into consideration when
developing new strategies, plans etc.  This makes it very important they
take the time and have the skills, to evidence this in EQSIA’S.  
 Complaints procedures will require to be child friendly; the
Improvement Service is piloting one currently.  This and the need to
ensure that new information, strategies, plans etc. are child friendly or
have child friendly versions, may make such processes take longer and
place additional developmental needs on certain staff.  
 Children’s rights budgeting will need to be considered by Council
leaders and Senior Managers.   
 Failure to train and inform staff and make the necessary changes to
our practice, within the given timescales, may leave us unable to
become compliant with the new act in 2024.       
11. PUBLIC & USER INVOLVEMENT & ENGAGEMENT
Working with children and young people on understanding their rights has
been going on for some time in Schools, youth groups, young carer’s centres
and other venues.  This has been accompanied with sharing information both
with them and with staff.  There are resources relating to children’s rights on
LEON and TURAS.  There has also been a range of engagements and
coproduction’s on key strategy documents such as the Children and Young
People’s Service Plan and the ABOIP.  Moving forward it will be important to
not only coproduce with young people but to develop a Communications Plan
that provides information to children, young people, staff and the public as the
Council works to achieve compliance with key areas.         
12. CONCLUSIONS
Implementation of the UNCRC will require a number of operational changes
and ensuring that staff receive the information and training to make these
happen.  As important are the changes necessary in how the Council engages
with children and young people and considers them as decision making
partners. 
It will be important that key implementation areas are monitored and targets
are set.  Timescales are not entirely clear as the Scottish Government as yet
to take the implementation process to its conclusion; however it is highly likely
that this happen this year; timescales will then be set for local implementation
of its various elements.    
13. DIRECTIONS 
Directions
required to
Council, NHS
Board or
both.
Directions to: tick
No Directions required x
Argyll & Bute Council 
NHS Highland Health Board 
Argyll & Bute Council and NHS Highland Health Board

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REPORT AUTHOR AND CONTACT 
Author Name Mandy Sheridan 
Email  mandy.sheridan@argyll-bute.gov.uk