Coronavirus (Recovery and Reform) (Scotland) Bill: child rights and wellbeing impact assessment

7. What evidence have you used to inform your assessment?

Arrangements for vaccination and immunisation

Immunisations of children and young people are typically carried out by nurses and health visitors in a variety of settings including schools and GPs' practices and this policy will not change that. Neither children nor young people would typically have a direct experience of a medical practitioners' role in vaccination programmes and as such the Scottish Government has not identified evidence of their views about the policy proposal.

Educational establishments etc.

Schools

The Scottish Government has drawn on significant work to understand the views of children and young people affected by lockdown carried out by The Scottish Youth Parliament, YouthLink Scotland, and Young Scot. This provides for the right of children and young people to be heard (Article 12) and contributes to the understanding of the experiences of children and young people as officials consider the support required for the new school term. Officials have also reflected the information gathered through statistical evidence and data, and information provided by other colleagues across the Scottish Government including Scottish Government publications such as:

• Coronavirus (COVID-19): children, young people and families - evidence summary - June 2021;
• COVID-19 Mitigation Measures Among Children and Young People in Scotland - Summary of the Evidence Base;
• Coronavirus (COVID-19) - experiences of vulnerable children, young people, and parents: research.

Evidence has also been gathered from the Public Health Scotland publication, 'The Impact of Covid-19 on children and young people in Scotland'.

Regulated childcare

Throughout the Covid pandemic and associated restrictions, the Scottish Government has been gathering evidence on the impact of Covid and related mitigations on children's lives. In addition to the evidence sources referenced at section 2, other sources include:

• The Scottish Study of Early Learning and Childcare (SSELC) baseline reports, carried out prior to the pandemic in 2019;
• Coronavirus (COVID-19) - experiences of vulnerable children, young people, and parents;
• Froebel Trust: Young voices on Covid-19;
• Babies in lockdown: No one wants to see my baby;

• Provision of Early Learning and Childcare During the COVID-19 Pandemic – EQIA – February 2021;
• Impact Assessment: The closure of and reopening of schools as part of the COVID-19 recovery process in Scotland;
• Children's Parliament's 'Listen and Act' research project;
• Weekly monitoring data on cases and outbreaks in registered childcare settings, based on unpublished data provided by the Care Inspectorate;
• New UKRI rapid response project: 'Childcare and Wellbeing in Times of Covid-19: Developing Crisis-resilient Care Solutions'.

Further and Higher education

The Scottish Government's Advanced Learning and Skills Analysis Division have access to Higher Education Statistics Agency, Scottish Funding Council and National Records of Scotland data. This demonstrates the number of students under the age of 18 in academic year 19-20 and the number of care experienced students under the age of 25.

Evidence is also available on the Scottish Government Equalities Impact Tracker for Advanced Learning and Skills.

In addition, the Scottish Government's Coronavirus (COVID-19): Advisory Sub-Group on Universities and Colleges gives detailed consideration to how public health and related scientific advice can be applied to operational implementation.

It supports Scottish Ministers and relevant Scottish Government senior officials through different ways including:

• Providing expert advice spanning the disciplines of public health, clinical advice, behavioural sciences, economics and statistical modelling, combined with expertise in educational and other issues relevant to universities and colleges;
• Providing expert advice, recognising the four harms, to support and inform the development of guidance for universities and colleges, and as an aid to forward planning for both sectors.

As part of its remit, the group considers information about the four harms that have affected students during the current Covid pandemic.

The minutes and papers of the Advisory Sub-Group can be found on the Scottish Government website^[4].

School consultations

There is no research into 2010 Act public meetings, including how they have been conducted during the Covid pandemic, so there is no firm evidence base as such. There is, however, anecdotal evidence gathered through the work of Scottish Government officials and engagement with, for example, those who conduct such public meetings, i.e. local authority officers and feedback from interested groups such as the Scottish Rural Schools Network.

Registration of births

During the pandemic, remote death registration has been in place. In relation to birth registration, registrars have gathered as much information as possible by phone to reduce the amount of time informants have to spend in the registration office. Remote registration has proved very popular and this measure builds on the work carried out in the pandemic.

Registration of deaths

During the pandemic, temporary measures allowing remote death registration have been in place. In relation to death registration, registrars have gathered as much information as possible by phone to reduce the amount of time informants have to spend in the registration office. Remote registration has proved very popular, and this measure builds on the work carried out in the pandemic to make these provisions a permanent option for local authorities.

Legal aid and advice: Claim for interim payment of fees and outlays

Similar provision has been in place since the First Scottish Act passed in the Scottish Parliament. Claims for interim payments to assist with cash flow by legal aid providers to allow for the continued provision of legal advice have been permissible to all who were eligible since that Act came into force, and reports from the Scottish Legal Aid Board suggest this system has been effective in supporting civil legal aid practitioners in particular. The legal aid system is intended to secure that children are able to access legal advice to the same extent as anyone else; as these measures operate to support the provision of legal aid services going forward the Scottish Government considers that children are not negatively impacted by these measures.

Removal of mandatory eviction groundsandPre-action protocol in respect of evictions relating to rent arrears

Briefing from the Joseph Rowntree Foundation provides the following information:

A majority of households in all age groups, except the over-55s, reported extra costs as a result of the pandemic, reflecting more people complying with lockdown rules and staying at home for longer. Four in ten (42%) reported extra costs for food and three in ten (30%) for gas and electricity. These numbers are significantly higher (63% and 45% respectively) for families with children. Around one in four households (23%) say they are not able to cover these extra costs comfortably.

There are indications that the pandemic has created financial pressure which is impacting on mental health and family life. Two-thirds of parents relying on Universal Credit or Child Tax Credit report money worries having either a significant (25%) or moderate (40%) impact on their mental health.

The Scottish Government has assessed the potential impact of these provisions on human rights, children's rights and equalities and considers the introduction of a pre-action protocol will have a positive impact. The Scottish Government also considers these measures support the right to adequate housing under the International Covenant on Economic, Social and Cultural Rights by ensuring appropriate safeguards are in place to prevent unnecessary eviction.

The legislative measures continue to protect all renters during the current crisis. Research carried out by the Resolution Foundation in May 2020 indicated that across the UK one-third of 18 to 24 year old employees had lost jobs or been furloughed, compared to one-in-six prime-age adults. In Scotland, over half (56%) of all highest income householders aged 16 to 24 live in the private rented sector, a total of 60,000 households according to a 2019 Scottish Household Survey.

Family households are, as expected, significantly impacted by the health crisis. There is no evidence that some groups of children and young people were being affected disproportionately by the provisions. Keeping the measures in place will ensure both children and young people living within rented family homes continue to be protected from homelessness, with an estimated 120,000 children living in the private rented sector according to a Scottish Household Survey.

A pre-action protocol will require landlords to signpost tenants to access available support, and if necessary, to give them time to plan for the longer term. The provisions will also help mitigate any further pressure on housing and other public services. Preventing tenants in the private rented sector from requiring local authorities to provide homelessness temporary accommodation therefore protects them from increased housing costs for this group.^[5]