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

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?

Overall, the guidance is expected to have a positive impact on children’s rights and wellbeing. Such guidance supports safe and respectful learning environments, aims to protect children from harm, and further enables all children to access their right to education. By embedding proportionate and inclusive approaches, the guidance also protects and promotes the rights of children with disabilities and those with additional support needs.

While risks were identified in relation to potential inconsistent implementation, such risks are considered to have been mitigated through clear communication with education authorities and through the alignment of the guidance with national strategic policy. Implementation will be supported through access to professional learning sessions on each piece of guidance. Monitoring will continue through the Behaviour in Scottish Schools Research time series and Scottish Advisory Group on Relationships and Behaviour in Schools (SAGRABIS) oversight to ensure that the guidance is implemented effectively and consistently.

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.

Please see paragraph 2 for further details on how the guidance documents are considered to have a positive impact in terms of furthering children’s rights and/or promoting the better realisation of articles 2, 3, 5, 12, 19, 23, 28 and 29 of the UNCRC.

9. 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 UNCRC requirements have been identified as a result of these guidance documents. Potential risks (which pre-dated the guidance documents) were identified in relation to inconsistent application of the guidance across schools, which could result in variation of children’s experiences. These risks are considered to have been mitigated through joint communications from the Scottish Government and COSLA to Directors of Education and education authorities, alignment of the two guidance documents, access to professional learning for school staff, and ongoing monitoring through the Behaviour in Scottish Schools Research (BISSR). The guidance documents are therefore considered to strengthen, rather than limit, the realisation of UNCRC rights.

10. As a result of the evidence gathered and analysed against all wellbeing indicators (Annex 2), will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.3.2, pages 20-22).

Safe: Yes

Healthy: Yes

Achieving: Yes

Nurtured: Yes

Active: Not Applicable

Respected: Yes

Responsible: Yes

Included: Yes