Temporary closures of schools and nurseries guidance update: child rights and wellbeing impact assessment

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 Temporary Closure Guidance is assessed to have a positive impact on the rights of children and young people.

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.

Article 3 (Best interests of the child):

The updated guidance places educational benefit and wellbeing at the heart of decisionmaking. It recommends local authorities consider a wide range of factors when considering a temporary closure, including enrolment trends, curriculum viability, travel distances and the impact on community sustainability, with the aim of ensuring that decisions about temporary closure prioritise what is best for children. The requirement for early engagement and supported transitions further ensures that children’s best interests remain a primary consideration throughout the process.

Article 12 (Respect for the views of the child):

Guidance encourages early engagement and participation. The guidance explicitly emphasises early engagement with parents/carers and children and young people likely to be affected by temporary closure (paragraph 72). This helps to ensure children have an opportunity to express their views, contribute to discussions and influence decision making at an early stage. Local authorities are also encouraged to evidence how engagement feedback has been reflected in their decision-making (paragraph 73), strengthening meaningful participation.

Article 13 (Freedom of expression):

Children and families are to be encouraged to express their views. By providing that local authorities are to provide a clear rationale and timelines for proposed temporary closures (paragraph 72) and to communicate regularly with families and the wider community during the closure period (paragraph 75), the guidance supports children’s right to access information and express their views. Strengthened expectations for transparency ensure children can seek, receive and share information relevant to decisions affecting them.

Article 28 (Right to education).

The updated guidance supports continuity of education by providing that authorities should support children and their families with transitions to alternative provision (paragraph 75). It also emphasises that temporary closures should only be used where there is potential to reopen, avoiding arrangements that might undermine long term access to local schooling. Setting out considerations in the decision making process such as curriculum viability and educational breadth, capacity of nearby schools, travel distances and minimising disruption to attendance further protect children’s right to education during periods of change.

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

N/A

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?

Safe: Not Applicable

Healthy: Not Applicable

Achieving: Yes

Nurtured: Not Applicable

Active: Not Applicable

Respected: Yes

Responsible: Not Applicable

Included: Not Applicable

If yes, please provide an explanation below:

Achieving: The updated guidance strengthens children’s ability to continue progressing in their learning by helping ensure that decisions about temporary closures prioritise educational benefit and minimise disruption. Clearer expectations around decision making and communication also help ensure that transitions are planned and supported, enabling children to maintain confidence, skills and progress‑making and communication also help ensure that transitions are planned and supported, enabling children to maintain confidence, skills and progress.

Respected: The guidance emphasises early, meaningful engagement with children, young people and families when a temporary closure is being considered. By strengthening expectations on participation, the guidance supports children to have their voices heard and taken into account in decisions that impact their education.

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

The guidance is clear that local authorities are expected to engage in an accessible way with children and families about temporary closures and their rights.