What is helping?
The incorporation of the United Nations Convention on the Rights of the Child (UNCRC) means Scotland must make principles and provisions of the Convention widely known amongst adults and children (Article 42). This Act requires public authorities to align with the UNCRC requirements as defined in the Act. Its passage marks a significant advancement in the legal protection of children's rights. The Scottish Government is continuing to co-create a national programme of awareness raising activities with and for children and young people, as well as parents, carers and families. The purpose is to ensure they are aware of and understand the UNCRC.
The UNCRC Participation Framework Agreement has been developed as part of the UNCRC implementation programme to respond to the need for children and young people's participation in decision-making and policy design across Scottish Government. It aims to support engagement that is inclusive and address barriers faced by those under-represented in decision-making processes.
Children’s Hearings Scotland (CHS) have developed a UNCRC Rights Map which provides the CHS community with a comprehensive understanding of UNCRC duties and informs training and practice materials to focus on making the biggest impact on children’s rights in hearings. After sharing this with care experienced young people, it is hoped this can become a tool for Panel Members to use.
Children’s rights have been more of a focus in Scotland since 2020; collaboration between organisations has allowed better implementation of rights-based approaches for care experienced children. This has seen UNICEF award national funding for their Rights Respecting Schools Award. By the end of 2024, 80% of schools in Scotland will be delivering this .
Positive changes in the culture around the use of language have taken place: rights-based and trauma-informed approaches that consider language have been widely adopted. The Scottish Government provides funding to Each and Every Child and has worked with partners to promote and create a fresh and inspiring narrative of care to shift public attitudes and tackle the stigma that can be associated with care experience. Since January 2020, Each and Every Child have been approached by over 130 organisations across Scotland to deliver bespoke training based on framing care experience and the framing toolkit, including Local Authorities, Scottish Government, corporate parents and voluntary sector organisations.
There are opportunities to learn across the United Kingdom. The Department for Education for England and Wales will include mandatory recording and informing parents of any physical restraint alongside new guidance on the use of force in schools. Furthermore, the Welsh Government has published a cross-sectoral Reducing Restrictive Practices Framework. Northern Ireland has succeeded in developing draft statutory guidance following an investigation by the Northern Irish Commissioner for Children and Young People.
The Scottish Physical Restraint Action Group (SPRAG) is a member organisation with with wide membership including significant representation from residential childcare settings. The vision statement includes: ‘We will work towards making coercive forms of holding less or even unnecessary and, when children are restrained, it is carried out relationally and with care.’ SPRAG recommends a formal review and update of available guidance in relation to restraint and restrictive practice is undertaken; any updated guidance is comprised of a suite of resources developed in collaboration with the sector, with children and young people, and with care experienced adults.
Many organisations are working to develop child-friendly complaints processes and work is ongoing across Scotland to ensure children have access to legal advice and support following the passage of the UNCRC Act. The Scottish Public Services Ombudsman (SPSO) has produced ‘Child Friendly Complaints Handling Principles’: Child Friendly Complaints-handling Principles.
