Child Rights Regulation and Improvement Action Group minutes: September 2023

Attendees and apologies

• Lyndsey Saki (Chair), Scottish Government – LS 
• Luiza Leite (minutes), Scottish Government – LL 
• Paul Gorman, Scottish Government – PG 
• Nina Miller, Audit Scotland – NM 
• Fraser McCallum, Education Scotland – FM 
• Noreen Philips, Education Scotland – NP 
• Eleanor Kerr, NHS Healthcare Improvement Scotland – EK 
• Neil Macleod, Scottish Social Services Council – NMA
• Stephen Bermingham, Children’s Hearings Scotland – SB 
• Craig Naylor, HM Inspectorate of Constabulary in Scotland – CN 

Apologies:

• Gita Sharkey, Scottish Government 
• Iain Muirhead, Scottish Housing Regulator
• Jillian Matthew, Audit Scotland 
• Tricia Meldrum, Audit Scotland 
• Clare McGuire, NHS Education Scotland 
• Katy Hetherington, NHS Education Scotland 
• Craig Morris, Care Inspectorate 
• Aileen Nicol, Care Inspectorate 

Items and actions

Introductions 

LS welcomed attendees and noted any apologies received. LS then introduced Lisa Kirkbride from the Care Inspectorate as first time attendee, and Paul Gorman, Programme Lead for Empowered Children and Young People.

LS highlighted the purpose of this meeting, which is for members to consider how best to support participation with children and young people in their organisations and the organisations they reach. 

Update on the UNCRC Bill

On Thursday 14 September 2023 the Cabinet Secretary for Social Justice put forward a motion asking Parliament to agree to reconsider the UNCRC Bill. The motion was passed. The amendments were lodged formally on the 18 September and are now being considered by the Equalities, Human Rights and Civil Justice Bill. 
Following Committee consideration we hope the Bill is debated at Reconsideration Stage which we hope will be by the end of this year. Once the Bill receives Royal Assent the provisions will start no later than 6 months thereafter. This may be around summer 2024.

Participation session: A learning conversation about what members took from the resources and reflections/questions

Ahead of the meeting, each member was asked to bring an example of when children and young people have participated in their work.  
Members were asked to look at 3 examples of participation resources shared prior to the session: 
•    Voice of the infant best practice guidelines 
•    Scottish Youth Parliament’s The Right Way project  
•    Scottish Government guidance on children and young people's participation in decision making 

PG led on this session, introducing it as a learning space for members to discuss participation. There are a number of useful resources and toolkits available, and the group were given the opportunity to discuss how children’s participation is implemented in practice. 
The following comments and discussion was captured from members:
•    It is important to create safe spaces for children and young people (CYP) to speak freely – creating equality of participation opportunities and empowering them to participate
•    Young people’s time is an asset – we can’t always expect CYP to participate on a voluntary basis. The group discussed issues around renumeration. If CYP are the experts in an area then they should be appropriately compensated
•    There is a recognition that CYP can have consultation fatigue and for participation activities to be meaningful they should build on to existing data and evidence. It is important that CYP aren’t asked to repeat themselves if they have already shared valuable information before
•    Some sectors are more removed from direct work with CYP and would benefit from more participation
•    The group reflected on how we can engage CYP on their views in non-verbal ways to capture the views of CYP who are unable to communicate through speech. Observing experiences and interactions is also an important way to understand children’s perspectives. The “SOFI” framework used by the Care Inspectorate is a useful way to gather children’s views and involve them in the inspection process without taking their time
•    There will be circumstances where organisations need to take an auditing role rather than a decision making role; evidencing how CYP are influencing and driving the decision making

PG asked attendees where the drivers are coming from to participate with CYP in their work? E.g. whether they are personal, policy driven, etc.
Members highlighted the following: 
•    Education reform
•    National performance framework
•    Quality framework – the Care Inspectorate for example has a quality indicator around nurturing care and support which applies to all their organisational plans
•    Members felt there is a lot to learn from the ELC sector and how they engage in participation 

Overall there was agreement that this is difficult and skilled work that needs a lot of support, preparation, capacity building and learning. It is important that appropriate support is available to ensure children with additional needs can fully participate. For example “Our Hearings Our Voice” group requires 2 full time staff members to support efficient running of the panel.
Members also highlighted the importance of participation loops, and producing reports that are child friendly.

Follow up discussion – emerging themes and focus going forward

PG summarised the main points gathered from attendees: Renumeration, value of reward and what that looks like, more formal structural mechanisms (i.e youth panels) needed and what this looks like in regulation processes.  
On the topic of renumeration, the following document from the Scottish Human Rights Commission (SHRC) was shared in the chat: Paying people with lived experience for their participation
SB is looking at renumeration for older groups of CYP (18-25).
LK highlighted current work on supporting inspection volunteers through SVQ qualifications. Members agreed it would be helpful to explore and see what other organisations are doing. 
It was highlighted that the Care Inspectorate are looking at an integrated approach to evidence collection when it comes to CYP experiences and voices. Members felt that there is a lot of data collection out there, but were unsure how best to make the relevant connections. It’s important that we ensure CYP voices are at the forefront and they are coproducers. 
A suggestion was made for there to be a requirement for CYP to be involved in all formal regulation and improvement processes.

Participation Framework

PG provided an update on the new Participation Procurement Framework. The Empowered Team has been working with procurement colleagues to develop a strategic model of participation within Scottish Government. 
The Framework will enable policy areas to identify, recruit and engage with a pre-agreed list of suppliers. These suppliers will have the skills and expertise required to deliver high quality participation activities with children and young people. 
The launch of the Framework is anticipated for December 2023.

AOB and date of next meeting

The next meeting is scheduled for 11:00 – 12:00, Tuesday 21 November 2023.