Child Rights Regulation and Improvement Action Group minutes - January 2024
- Published
- 31 January 2025
- Directorate
- Children and Families Directorate
- Topic
- Equality and rights
- Date of meeting
- 16 January 2024
- Date of next meeting
- 19 March 2024
Minutes of the meeting of the group on 16 January 2024.
Attendees and apologies
- Aqeel Ahmed (Chair), Scottish Government – AA
- Luiza Leite (minutes), Scottish Government – LL
- Gita Sharkey, Scottish Government – GS
- Lyndsey Saki, Scottish Government – LS
- Abbie Montgomery-Fox, Children’s Hearings Scotland – AM
- Aileen Nicol, Care Inspectorate – AN
- Joanna Smith, NHS Education for Scotland – JS
- Josh Barnham, Scottish Public Services Ombudsman (SPSO) – JB
- Linda Mckenna, Scottish Housing Regulator – LM
- Lisa Kirkbride, Care Inspectorate – LK
- Neil Macleod, Scottish Social Services Council – NM
- Nina Miller, Audit Scotland – NMR
- Rebecca Spillane, Improvement Service – RS
- Stephen Bermingham, Children’s Hearings Scotland – SB
- Tricia Meldrum, Audit Scotland – TM
Apologies
- Clare McGuire, NHS Education Scotland
- Craig Morris, Care Inspectorate
- Craig Naylor, HM Inspectorate of Constabulary in Scotland
- Eleanor Kerr, NHS Healthcare Improvement Scotland
- Fraser McCallum, Education Scotland
- Iain Muirhead, Scottish Housing Regulator
- Jillian Matthew, Audit Scotland
- Noreen Philips, Education Scotland
Items and actions
Welcome, apologies and introductions of first-time attendees
AA welcomed attendees and noted any apologies received. As there were a number of first time attendees, AA invited all members to introduce themselves.
Review of minutes and action points
Outstanding actions from the minutes of the last meeting of 21 November 2023 were reviewed:
- LL to send a summary of agreed Innovation Fund projects to members – done
- AA to update the terms of reference – ongoing
- paper on renumeration – ongoing and will be discussed later in the meeting
Update on the Bill
The UNCRC (Incorporation) (Scotland) Bill was reconsidered by the Scottish Parliament on 7 December. The amendments to address the Supreme Court judgment on the original Bill were approved and the Bill was passed unanimously. We are now waiting to receive Royal Assent.
The Bill introduces a compatibility duty that makes it unlawful for public authorities to act incompatibly with the UNCRC requirements as set out in the Bill. Children, young people and their representatives will have a new ability to use the courts to enforce their rights. The Bill will require that, so far as possible, legislation is interpreted and given effect to in a way that is compatible with UNCRC requirements, and gives powers to allow the courts to make strike-down or incompatibility declarators in respect of incompatible legislation of the Scottish Parliament. Work is underway to ensure public authorities are supported and that they are ready for commencement of the duties.
The Bill also requires listed public authorities to set out and report on how they are giving further and better effect to children’s rights, regardless of whether the compatibility duty applies. The Bill has been amended to reflect that the first UNCRC child rights report will become due as soon as practicable from the 31st of March 2026.
The duties won’t commence until 6 months after Royal Assent so they will come into force around mid – 2024.
Once we receive Royal Assent, we will be able to begin to lay provisions in the Scottish Parliament to allow us to issue and consult on statutory guidance on Part 2 (section 6: Compatibility Duty on Public Authorities) and Part 3 (section 15: Reporting Duties on Public Authorities) of the UNCRC Bill, to support public authorities to fulfil their duties. It is likely these provisions to consult will be commenced around the end of January, meaning that the consultation on Part 2 and Part 3 should go live as soon as practicable around then. AA agreed to keep members informed.
Non-statutory guidance was published on 5 January 2024 to provide information and resources to support public authorities and other organisations to implement a children’s human rights approach. This is part of our long-term commitment of supporting the cultural change required to ensure that children’s rights are fully and progressively realised in practice.
AA opened the floor to any comments from members. A question was raised on whether commencement will be sequenced, and whether statutory guidance would be made available. AA confirmed that commencement of the duties on public and listed authorities will still be 6 months, however, some provisions will be commenced early e.g. the provisions that allow Scottish Government to publish and consult on statutory guidance. AA also confirmed that the statutory guidance consultation should hopefully go live in mid-February and members will be kept informed.
A note was made for LL to check the programme distribution list to ensure Linda McKenna and Lisa Kirkbride are included.
Getting Ready for UNCRC Framework
Rebecca Spillane from the Improvement Service provided a short presentation on a framework developed to support public bodies in preparing for the commencement of the UNCRC Bill.
Key topics covered:
- UNCRC Implementation Project
- help and support available to local authorities
- getting ready for the UNCRC Framework
- how to use the Framework
- examples of current practice – how it’s being used by local authorities (East Lothian Council, Falkirk Council, Aberdeen Council examples)
- feedback from service users
- other resources, such as a Child Rights Knowledge Hub and guide for elected members
RS noted that the Framework will be updated to follow new guidance and the statutory guidance once it’s published.
RS agreed to share the presentation after the meeting, AA will circulate.
Approaches to remuneration
AA asked if members would find it helpful for us to draft a short paper and share with the group. Members agreed this would be useful.
AN noted there’s a lived experiences group, and there may be an existing guide on how to renumerate people with lived experience being developed by Scottish Government. AN agreed to forward on a contact for AA to follow up.
SB shared draft guidance from the social research unit on paying for participant expenses and time– noting that existing material can be pulled from this.
RS shared a link to the Scottish Human Rights Commission’s guidance on Paying people with lived experience for their participation.
Action: AA will draft a short paper on renumeration to share with the group.
Continuing our discussion on the 5 principles of embedding children’s rights.
AA shared a link to the Jamboard the group has been feeding into to continue a discussion on the 5 principles of embedding children’s rights in public services from the previous meeting. AA encouraged members to continue to add to the Jamboard after the meeting.
Notes were captured against the following principles:
Principle 3: Empowering Children and Young people
Existing resources:
Children’s Parliament is working with partners to build the capacity of primary schools to take a children’s rights-based approach and become hubs of human rights practice. By adopting a rights-based approach, schools help to make rights real for children by ensuring that their dignity is upheld
- resources from Reach
Reach is part of Enquire, which is the Scottish advice service for additional support for learning. They offer advice and information – to children, young people, parents, carers and professionals – about children’s rights to additional support for learning
- the Child Friendly Complaints Handling Principles and Procedure will be published soon. This will ensure children’s rights and needs are met by public service complaints procedures in Scotland
- SYP - 'The Right Way' guidance on taking a children's rights approach. It aims to support and challenge officials and decision-makers, as duty bearers, to work to ensure young people’s Article 12 right is respected
Questions/concerns:
- thinking about the learning disabilities, autism and neurodivergence Bill - how can we empower children and young people to be heard in the consultation?
- the team will liaise with the relevant team delivering the Bill to understand what is being done to engage with children and young people
- it is important we are hearing the real voice of children and young people as opposed to the voice of their parents. This is challenging, especially in areas where there is tension between their wishes
- this is a topic the group will explore in depth at a future meeting focused on engagement and participation with children and young people
Principle 4: Participation
Existing resources:
Co-produced by a short-life working group, on behalf of the Infant Mental Health Implementation and Advisory Group, which is part of the Scottish Government’s Perinatal and Infant Mental Health Programme Board.
The remaining ‘principles of embedding children’s rights in public services’ will be covered at the next meeting.
LK came in on a previous action where it was suggested a spotlight session on SOFI (Short observational framework for inspection) was requested by members.
Action: AA to get in touch with LK to organise SOFI spotlight session at a Regulation & Improvement Action Group meeting in future.
Any other business and date of next meeting
The next meeting is scheduled for 11:00 – 12:00, Tuesday 19 March 2024.
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