School transport guidance: child rights and wellbeing impact assessment (CRWIA)

Conclusion

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?

The revised School Transport Guidance is assessed to have a positive overall impact on the rights of children and young people. The guidance supports key UNCRC articles, including:

Article 2 (Non-discrimination) – by promoting equitable access to school transport for children with additional support needs, medical conditions, and those from shared family arrangement households.

Article 3 (Best interests of the child) – through clearer expectations around safety, behaviour, and local authority duties.

Article 19 (Protection from harm) – by strengthening safeguarding measures and referencing key safety resources.

Article 23 (Children with disabilities) – by clarifying support for children with additional needs.

Article 28 (Right to education) – by supporting access to school through safe and reliable transport.

While the absence of direct engagement with children and young people limits the realisation of Article 12 (Right to be heard), this is recognised as an evidence gap and will aim to be addressed in future work. On balance, the guidance enhances the rights and wellbeing of children and young people across Scotland

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 revised School Transport Guidance contributes positively to the protection, respect, and fulfilment of children’s rights in Scotland in the following ways:

Protecting rights: The guidance strengthens safeguarding measures by clarifying PVG scheme requirements and expectations around pupil behaviour, helping to protect children from harm during their school journey (UNCRC Article 19). It also promotes safe walking routes and references best practice in school travel safety.

Respecting rights: The guidance respects the diversity of children’s circumstances by acknowledging the needs of children with additional support needs, medical conditions, and those living in shared family arrangement households. It supports local authorities to make inclusive decisions that reflect the best interests of the child (Article 3) and uphold the principle of non-discrimination (Article 2).

Fulfilling rights: By supporting access to education through safe, reliable, and inclusive transport, the guidance helps fulfil children’s right to education (Article 28). It also encourages local authorities to consider children’s rights in decision-making processes, including through the use of CRWIAs as best practice.

Children’s views considered: The development of the guidance was informed by feedback from children and young people gathered through local authority consultations and national surveys. Pupils expressed concerns about long walking distances, unsafe routes, lack of infrastructure, and the impact of transport changes on attendance and wellbeing. Their views were reflected in revisions to the guidance, including strengthened emphasis on safety, flexibility in transport arrangements, and clearer expectations around inclusive provision. This demonstrates a commitment to Article 12 (right to be heard).

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

No negative impacts on children’s rights have been identified.

Mitigation Record

Issue or risk identified and relevant UNCRC requirement

N/A

Action Taken/ To Be Taken

N/A

Date action to be taken or was taken

N/A

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?

Will the proposal contribute to the wellbeing of children and young people in Scotland? Yes

Safe: Yes

Healthy: Yes

Achieving: Yes

Nurtured: Yes

Active: Yes

Respected: Yes

Responsible: Yes

Included: Yes

If yes, please provide an explanation below:

The revised School Transport Guidance contributes positively to all eight SHANARRI wellbeing indicators:

Safe: Enhancements to measures (e.g. PVG scheme clarity, behaviour expectations, and walking route assessments) to help ensure children are protected and safe during their school journey.

Healthy: Promotion of active travel options and inclusion of resources like the School Streets initiative support physical activity and wellbeing.

Achieving: By improving access to school, particularly for children facing barriers (e.g. rurality, disability, shared family arrangement households), the guidance supports regular attendance and engagement in learning.

Nurtured: The guidance encourages inclusive and supportive transport arrangements, particularly for children with additional support needs or medical conditions.

Active: References to walking, wheeling, and cycling initiatives promote active lifestyles and safer school environments.

Respected: The inclusion of parent representative feedback and the commitment to future engagement with children and young people reflect respect for their views and experiences.

Responsible: The guidance promotes responsible behaviour on school transport and encourages local authorities to model best practice in decision-making.

Included: Clarifying local authority discretion to support children in diverse family situations (e.g. shared family arrangements) and those with additional needs promotes inclusion and equity.

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

The revised School Transport Guidance will be published online and shared directly with Directors of Education and all stakeholders who contributed to the consultation process.

We recognise the value of involving children and young people in policy development. For this process, direct engagement was not undertaken due to the technical nature of the guidance and the focus on operational implementation.