Schools - risk assessment guidance: child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment Template

1. Brief Summary

Type of proposal:

Decision of a strategic nature relating to the rights and wellbeing of children.

Name the proposal, and describe its overall aims and intended purpose.

The Fostering a Positive, Inclusive and Safe School Environment Guidance aims to support schools in Scotland to embed positive, inclusive and safe learning environments through clear approaches to relationships and behaviour. It provides clarity for staff, parents, children and young people on the use of consequences as part of relationships and behaviour policies, drawing on the latest evidence around prevention, early intervention, and proportionate responses to behaviour.

The Violent, Aggressive and Dangerous Behaviour: Risk Assessment Guidance provides clarity to local authorities and education settings on the use of risk assessment processes to mitigate or minimise risks arising from violent, aggressive or dangerous behaviour exhibited by children and young people.

Such guidance documents are to be read in conjunction, and together these documents contribute to the national approach to relationships and behaviour in schools as outlined in the Relationships and Behaviour in Schools Action Plan 2024–27.

Start date of proposal’s development: December 2024

Start date of CRWIA process: December 2024

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to/impact upon children’s rights?

The Fostering a Positive, Inclusive and Safe Environment Guidance and the Violent, Aggressive and Dangerous Behaviour: Risk Assessment Guidance is considered to have a direct positive impact on children and young people enrolled in Scotland’s schools between the ages of 4 and 18 with regards to furthering children’s rights and/or promoting the better realisation of the following articles of the UNCRC.

In the context of this guidance, these articles are considered to relate to: the need to implement preventative measures and respond effectively to situations where a child or young person may be at risk of harming themselves or others; in considering the views of those children and young people involved in any incident; the need to consider the needs of other children and young people where there are risks of a violent incident occurring and to secure the right to education as well as ensuring such education develops the personality, talents and abilities of the child or young person to the fullest and builds their respect for other people and the world around them.

Article 2 (non-discrimination)

The guidance documents are considered to promote inclusive and reflective practices, particularly for children and young people who may be disadvantaged or face barriers linked to protected characteristics. The guidance documents encourage schools to apply expectations and boundaries consistently to all pupils, acknowledging that the response when expectations are not met may be different to reflect a child’s specific needs and circumstances. The Fostering a Positive, Inclusive and Safe Environment guidance encourages schools to track behaviour and responses over time to ensure interventions remain relevant, fair and effective. Where behaviours persist despite intervention, the guidance encourages schools to revisit their understanding of the behaviour and consider adapting the support. This helps to ensure that no group of children or young people is unfairly targeted or disadvantaged on the basis of protected characteristics.

Article 3 (best interests of the child)

Both guidance documents emphasise that the best interests of the child must be a primary consideration in decisions about behaviour and risk. Staff are expected to weigh the child’s safety, dignity and learning needs, alongside the safety and learning of others, when deciding on responses, and to document their rationale in behaviour responses and risk assessments.

The guidance also underlines that any intervention should be proportionate and the least restrictive option compatible with safety, so that measures do not unnecessarily impede education or stigmatise the child. Structured assessment, co-produced plans and ongoing review are promoted to ensure that support adapts as risks or needs change, preventing both over and under intervention. By setting out clear and consistent processes, the guidance reduces inconsistent responses across settings, helping to provide the predictability that is itself in the best interests of children who rely on stable, rights-respecting environments to learn.

Article 5 (parental guidance and a child’s evolving capacities)

Both of the said documents encourage engagement with parents and carers to offer direction and guidance in relation to their child’s behaviour, unknown risks and triggers to such behaviour, as well as their child’s vulnerabilities and resilience. Accordingly, engaging and working in partnership with parents and carers is essential and is recommended in the guidance to assist with promoting positive relationships and behaviour in schools.

Article 12 (respect for the views of the child)

Children who are capable of forming their own views have the right to express those views freely in matters that affect them. This includes being involved in discussions about their behaviour and any resulting responses. The guidance documents encourage schools to create opportunities for children and young people to share their views and contribute to the development of schools policies and approaches to behaviour, as well as empower them to take responsibility for their actions.

The Fostering a Positive, Inclusive and Safe School Environment guidance refers to considering age and developmental stages with regards to setting appropriate expectations for behaviour. This further encourages schools to give the views of children and young people due weight in accordance with their age and level of maturity.

Article 19 (protection from violence, abuse and neglect)

The guidance documents look to support positive relationships and behaviours while furthering the safety of children and young people (as well as staff). In order to protect children and young people against violence and other forms of harm, both preventive and responsive measures are to be adopted. The guidance promotes the use of risk assessments and safety planning and encourages the recording of incidents involving violence towards other children and young people or staff. The Fostering a Positive, Inclusive and Safe School Environment guidance also highlights that approaches to discipline must respect a child’s human dignity. Additionally, the appropriate training of staff is also promoted in each of these guidance documents.

Article 23 (children with a disability)

Both guidance documents promote individualised intervention, responses and supports for children and young people with additional support needs. Accordingly, the guidance further promotes assistance which is tailored to an individual child’s needs. With regards to addressing a child or young person’s needs, the Fostering a Positive, Inclusive and Safe School Environment guidance encourages schools to take a child or young person’s disability in account when assessing developmental presentation.

Article 28 (right to education)

Both guidance documents highlight that, in the context of a child’s right to education, approaches to discipline must be consistent with a child’s dignity, the best interests of the child, non-discriminatory and promote non-violence. Such guidance therefore further encourages schools to respond to behaviour in a way that respects a child’s dignity as well as secure the right to education for all children and young people in a safe environment.

Article 29 (goals of education)

Article 29 provides direction as to the nature and context of education. Education is to be aimed at ensuring that life skills are learnt by every child and young person, such as the ability to make well balanced decisions; to resolve conflicts in a non-violent manner; and to build good social relationships and to be responsible for their actions etc. The CRC Committee has noted that a school which allows bullying or other violent practices to occur is not one which meets the requirements of article 29. However, the above guidance documents aim to further support safe, positive and inclusive relationships and behaviour in schools as well as school environments, policies and cultures which are consistent with article 29.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

The Behaviour in Scottish Schools Research 2023 provides the main evidence base for the development of the above guidance documents. The research highlighted that while the majority of children and young people are well behaved, there had been an increase in disruptive and, in some cases, violent behaviour. Staff reported concerns about the lack of meaningful consequences available, the inconsistency of approaches within and across schools and the need for clear strategies to respond to behaviour while maintaining inclusive learning environments.

The research also identified that teachers’ confidence in promoting positive behaviour remained high, but confidence in responding to indiscipline had declined since the previous survey in 2016. Staff noted that children and young people’s increased awareness of their rights was a welcome development, but could sometimes create challenges where rights conflicted or were misunderstood. The research further highlighted the impact of wider societal pressures, including the legacy of the COVID-19 pandemic, poverty and cost of living pressures, and a rise in additional support needs.

Additional data from the summary stats for schools in Scotland 2024 , surveys published by teaching unions and engagement with practitioners and stakeholders, including through the Scottish Advisory Group on Relationships and Behaviour in Schools (SAGRABIS), informed the development of the guidance. Some engagement with children and young people was also undertaken during school visits, although evidence directly from children and young people was more limited than from adults.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

While the Behaviour in Scottish Schools Research 2023 provides robust evidence of trends in behaviour and staff experiences, the engagement with children and young people on these specific guidance documents was limited. The next round of the research will therefore include direct engagement with children and young people to strengthen the evidence base on their views and experiences.

5. Analysis of Evidence

The evidence confirms a strong need for consistent, fair and transparent approaches to behaviour that both uphold children and young people’s rights and provide reassurance to staff, parents and communities. The guidance documents provide this by clarifying how consequences should be used as part of a rights-based, relational approach and how risk assessments should be carried out where children and young people display violent, aggressive or dangerous behaviour.

The analysis shows that the proposals will support children’s right to education by reducing disruption in classrooms, while also protecting their rights to safety, respect and inclusion. They provide a framework that encourages schools to adopt proportionate and child-centred responses, particularly in relation to children with additional support needs or disabilities. By embedding a whole-school approach, the guidance also seeks to foster positive relationships and promote respect between pupils, and between pupils and staff.

6. What changes (if any) have been made to the proposal as a result of this assessment?

As a result of this assessment, the guidance was refined to ensure alignment between the two documents and to strengthen clarity on schools’ duties. Additional emphasis was placed on the need for proportionate, child-centred approaches, particularly for children with additional support needs and/or disabilities.