Child Rights and Wellbeing Impact Assessment (CRWIA) for Guidance on Mobile Phones in Scotland's Schools

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Positive

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The intended effect of the guidance is to enhance pupil’s experience of education, aligned to their right to education (article 28) and goals of education (article 29) . It is established via evidence, that limiting access to mobile phones in schools has a positive impact on pupil’s learning outcomes, as a result of limitation of distractions in particular. The guidance is also likely to support reduced experiences of bullying in school, as a result of restrictions on mobile phones.

Further, the guidance contains specific protections for groups of children and young people in particular circumstances, including young carers, pupils with disabilities, additional support needs and mental health and wellbeing needs, who may require access to their phone during the school day for specific purposes. It is for these young people in these circumstances that the guidance provides a positive impact. The guidance is respectful of children’s rights and encourages that their views are sought as part of local policy development. The change to the guidance was made as result of evidence that found that these groups couldn’t be treated in the same way and therefore turned the potentially negative impact of applying the same guidance to all children and young people into a positive impact by adding these special protection into the guidance. This is explored further in question 9.

Therefore, positive impact is assessed in relation to the best interests of the child (article 3), implementation of the convention (article 4), respect for the views of the child (article 12), for children with a disability (article 23), right to education (article 28), goals of education (article 29). Otherwise, the guidance is considered to have a neutral effect.

9. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?

Whilst in initial assessment there was potentially a risk identified in relation to groups of children and young people in particular circumstances, including young carers, pupils with disabilities, additional support needs and mental health and wellbeing needs, who may require access to their phone during the school day for specific purposes, this was mitigated during the development of the guidance through the introduction of exceptions for specific circumstances. Consequently, there are no negative impacts established and therefore it is not considered at risk of incompatibility.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

Whilst in initial assessment there was potentially a risk identified in relation to groups of children and young people in particular circumstances, including young carers, pupils with disabilities, additional support needs and mental health and wellbeing needs, who may require access to their phone during the school day for specific purposes, this was mitigated during the development of the guidance through the introduction of exceptions for specific circumstances.

The potential issue arose in relation to article 23 particularly.

Action Taken

This was mitigated during the development of the 2024 guidance through the introduction of exceptions for specific circumstances

Date action to be taken or was taken

May 2024 and maintained in the refreshed guidance.

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Yes

Healthy: Yes

Achieving: Yes

Nurtured: Yes

Active: Not Applicable

Respected: Yes

Responsible: Yes

Included: Not Applicable

If yes, please provide and explanation below:

There is some evidence to suggest that reduced use of mobile phones is advantageous to children and young people’s wellbeing, both in terms of reduced screen time, a reduction in opportunity to access inappropriate content and reduced experience of bullying behaviours. The approach to restrictions on mobile phone is being taken within a public health approach, therefore positive impact to health is anticipated. This particularly applies to the wellbeing indicators, Safe, Healthy Achieving, Nurtured, Respected and Responsible.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

The effect on children and young people’s rights will arise as a result of local policies and procedures on mobile phone use in schools. The guidance confirms the need to engage the whole-school community in the preparation of these polices and procedures, prior to their introduction.