Independent Advocacy Service: 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?

Positive impact

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.

The proposal to continue and strengthen the Independent Advocacy Service is expected to have a positive impact on the protection, respect and fulfilment of children’s rights under several UNCRC Articles. Based on the evidence gathered and analysed against the UNCRC, the proposal to continue and strengthen the Independent Advocacy Service is expected to have an overall positive impact on children’s rights. Evidence demonstrates that disabled children and young people, and those in seldom‑heard groups, face significant psychological, social, cultural and structural barriers when accessing the Scottish social security system. These include stigma, fear, discrimination, inaccessible processes, and limited understanding of rights, all of which can prevent children from realising their entitlements.

Independent advocacy is shown to help remove these barriers, support participation, and promote dignity and respect.

Article 2 – Non‑Discrimination

The proposal supports Article 2 by enabling children and young people who face disproportionate barriers, such as disabled children, minority ethnic families, Gypsy/Traveller children, refugee/asylum‑seeking families, young parents and care‑experienced young people, to access their social security rights without discrimination. Evidence shows that these groups are more likely to experience stigma, fear and structural disadvantage that directly reduce benefit take‑up.

The strengthened contract addresses this by:

• requiring outreach to seldom heard groups;
• mandating accessible communication formats;
• strengthening culturally competent, trauma‑informed and non‑instructed advocacy; and
• improving data collection on protected characteristics and seldom heard group membership.

These measures ensure that structural inequalities are able to be identified and addressed, helping to eliminate discrimination in access to financial support and enabling equal enjoyment of rights.

Independent advocacy is shown to be one of the most effective mechanisms for overcoming these barriers. The Get Heard Scotland Citizens’ Panel identified better access to advocacy as a critical enabler of benefit take‑up, reducing stigma and empowering people to understand and assert their rights. Strengthening the contract to expand inclusive communication, trauma‑informed practice, culturally competent support, non‑instructed advocacy, and improved data collection further enhances the ability of children and young people to participate fully and access the support they are entitled to.

Article 3 – Best interests of the child

The Independent Advocacy Service has a positive impact on Article 3. The strengthened advocacy contract ensures all actions concerning children are made with the best interests of the child shall be a primary consideration.

Article 5 – Parental guidance and a child’s evolving capacities

The proposal supports Article 5 by providing appropriate support and guidance in a manner consistent with the evolving capacities of the child while respecting the responsibilities, rights and duties of parents, or where applicable, the members of the extended family or community as provided for by local custom, legal guardians or other persons legally responsible for the child.

Article 12 – Right to be Heard

The Independent Advocacy Service has a positive impact on Article 12 by ensuring that disabled children and young people can express their views, participate in decisions, and be heard in matters affecting their social security entitlement. The Seldom Heard Groups review shows that many children and young people face substantial communication, psychological and compliance barriers that limit their ability to participate. Advocacy helps to tackle these obstacles by supporting children to articulate their circumstances, understand processes and meaningfully engage.

The contract’s obligations around person‑centred practice, non‑instructed advocacy, inclusive communication and consistent local delivery ensure children are supported to participate fully, even when they face complex needs or communication barriers.

Article 18 – Parental responsibilities and state assistance

The proposal supports Article 18 by providing assistance to parents and legal guardians to access their rightful entitlements. The Independent Advocacy Service will have the best interests of the child as their basic concern and the strengthened contract requirements will enable the parents and legal guardians to be better informed and access their rightful entitlements.

Article 22 – Refugee children

The proposal supports Article 22 by strengthening the mechanisms that enable children and families to access their rightful entitlements. Evidence from both the Seldom Heard Groups review and the Get Heard Scotland Citizens’ Panel demonstrates that stigma, lack of awareness and the trauma of repeatedly retelling personal stories are powerful deterrents to benefit take-up.

The strengthened advocacy contract supports Article 22 by improving awareness and visibility of the service and supporting disabled children, including disabled refugee children, and families to understand eligibility, challenge decisions and navigate complex processes.

Article 23 – Children with a disability

The proposal helps fulfil Article 23 by enabling children, including those with a disability, and their families to understand their rights under the Scottish social security system. Evidence from the Citizens’ Panel shows that many people lack knowledge of entitlements, feel uncertain about their rights, or are intimidated by the complexity of systems—factors that reduce take‑up. Panellists emphasised that people cannot use their rights if they do not know them, and advocacy plays a key role in building confidence and awareness of those rights.

Under the strengthened contract, advocacy providers must:

• support children with a disability and their families to understand their social security rights;
• communicate information in clear, accessible ways;
• provide support that is rights‑based and aligned with the values of dignity, fairness and respect; and
• gather feedback on understanding and experience of the service from children with a disability.

These measures enable children with a disability and their families to be better informed, empowering them to exercise their rights.

Article 26 – Right to Social Security

The proposal supports Article 26 by strengthening the mechanisms that enable children and families to access their rightful entitlements. Evidence from both the Seldom Heard Groups review and the Get Heard Scotland Citizens’ Panel demonstrates that stigma, fear of being disbelieved, lack of awareness, and the trauma of repeatedly retelling personal stories are powerful deterrents to benefit take‑up. Panellists clearly identified independent advocacy as one of the most effective ways to overcome stigma and increase benefit take‑up, ranking investment in advocacy as their second-highest recommendation.

The strengthened advocacy contract therefore directly supports Article 26 by:

• improving awareness and visibility of the service;
• ensuring advocacy is accessible, inclusive and trauma‑informed;
• supporting children and families to understand eligibility, challenge decisions and navigate complex processes; and
• improving opt-in data collection on seldom heard children, supporting further development of targeted interventions to ensure all children can access the financial support they are entitled to.

Article 27 – Adequate standard of living

The proposal helps fulfil Article 27 by enabling disabled children and their families to understand their rights under the Scottish social security system. Evidence from the Citizens’ Panel shows that many people lack knowledge of entitlements, feel uncertain about their rights, or are intimidated by the complexity of systems—factors that reduce take‑up. Panellists emphasised that people cannot use their rights if they do not know them, and advocacy plays a key role in building confidence and awareness of those rights.

Under the strengthened contract, advocacy providers must:

• support disabled children and their families to understand their social security rights;
• communicate information in clear, accessible ways;
• provide support that is rights‑based and aligned with the values of dignity, fairness and respect; and
• gather feedback on disabled children’s understanding and experience of the service.

These measures enable disabled children and their families to be better informed, empowering them to exercise their rights. This subsequently helps to improve their standard of living.

Article 30 – Children from minority or indigenous groups

The proposal supports Article 30 by strengthening the mechanisms that enable disabled children and families to access their rightful entitlements. Evidence from both the Seldom Heard Groups review and the Get Heard Scotland Citizens’ Panel demonstrates that stigma, lack of awareness and the trauma of repeatedly retelling personal stories are powerful deterrents to benefit take-up.

The strengthened advocacy contract supports Article 30 by improving awareness and visibility of the service and supporting disabled children, including those from minority or indigenous groups, and families to understand eligibility, challenge decisions and navigate complex processes.

Article 42 – Right to Know Their Rights

The proposal helps fulfil Article 42 by enabling children and their families to understand their rights under the Scottish social security system. Evidence from the Citizens’ Panel shows that many people lack knowledge of entitlements, feel uncertain about their rights, or are intimidated by the complexity of systems – factors that reduce take‑up. Panellists emphasised that people cannot use their rights if they do not know them, and advocacy plays a key role in building confidence and awareness of those rights.

Under the strengthened contract, advocacy providers must:

• support disabled children and their families to understand their social security rights;
• communicate information in clear, accessible ways;
• provide support that is rights‑based and aligned with the values of dignity, fairness and respect; and
• gather feedback on disabled children’s understanding and experience of the service.

These measures enable children and young people to be better informed, empowering them to exercise their rights.

Summary

Across Articles 2, 3, 5, 12, 18, 22, 23, 26, 27, 30 and 42, the proposal protects, respects and fulfils children’s rights by removing structural and stigma‑related barriers, enhancing participation, enabling equal access to entitlements, and empowering children and families with knowledge of their rights. Strengthened advocacy provision is particularly important for children in seldom heard groups who face the greatest risk of exclusion low take-up of entitlements.

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

Not applicable

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Not applicable

Issue or risk identified and relevant UNCRC requirement

Not applicable

Action Taken/ To Be Taken

Not applicable

Date action to be taken or was taken

Not applicable

10. 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?

The evidence indicates that the proposal will continue to make a positive contribution to several wellbeing indicators for disabled children and young people and those in seldom heard groups. Many of these children face significant stigma, trauma, poverty‑related barriers, and difficulties navigating the social security system. Strengthening independent advocacy provision directly supports their wellbeing by ensuring they can access their rights, express their views, and receive entitlements that contribute to their safety, development and quality of life.

Safe

Children and young people who experience stigma, discrimination, trauma or fear of being disbelieved often disengage from social security, increasing stress and vulnerability. Access to the Independent Advocacy Service will continue to help children feel safe by providing trusted, non‑judgemental support, reducing fear when interacting with official systems, and helping families secure the assistance needed to maintain stability and security.

Healthy

Evidence shows that stigma, repeated retelling of traumatic circumstances and complex processes can negatively affect mental health and wellbeing. Access to the Independent Advocacy Service for children will continue to help improve their health and wellbeing by assisting with communication, evidence gathering, and navigating processes. It is particularly important for disabled children whose health conditions make engagement challenging.

Respected

This proposal supports the “respected” indicator by continuing to enable children and young people to have their views heard and acted upon in decisions that affect them. Non‑instructed advocacy supports the participation of children with complex or communication needs, ensuring their dignity and agency are upheld.

Responsible

Advocacy will continue to help build confidence and understanding of rights. The Citizens’ Panel reported that having someone explain entitlements and support decision‑making empowers people to take control of their situation and engage more confidently with systems that previously caused fear or shame. This promotes children’s and families’ sense of agency.

Included

The evidence clearly shows that seldom heard children, such as those from minority ethnic communities, Gypsy/Traveller families, refugee or asylum-seeking households, young parents and care‑experienced young people, face disproportionate exclusion and are more likely to have low take-up of entitlements. Advocacy addresses this and helps mitigate the risk of this exclusion by providing tailored, culturally competent support and by improving awareness. The strengthened contract’s data requirements further ensure these groups will remain visible and included in service design.

Conclusion

Overall, the proposal will continue to contribute positively to the wellbeing of children and young people in Scotland across multiple indicators.

By tackling stigma‑related and structural barriers, improving access to entitlements, enabling meaningful participation, and strengthening safety, dignity and inclusion, the advocacy service plays a key role in supporting the wellbeing of disabled children and families across Scotland, including those with intersectional characteristics who can face additional barriers to accessing entitlements they are eligible for.

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

The CRWIA will be published on the gov.scot website so those wishing to access it can do so. Attempts have been made to make the content and language as accessible as possible for those reading the CRWIA to understand its content and the impact as assessed. This includes children and young people who may read it.