Open Government action plan 2021 to 2025: commitment 5 – participation milestone progress

Improving children and young people’s participation in decision-making and policy design

Timescales

End of the action plan (2025).

Milestone: support the implementation of the UNCRC (Incorporation) (Scotland) Act 2024

Where we started

The intent behind the UNCRC (United Nations Convention on the Rights of the Child) Act is to deliver a proactive culture of everyday accountability for children’s rights across public services in Scotland.

The original Bill was passed unanimously by the Scottish Parliament in 2021 but could not receive Royal Assent due to a referral to the Supreme Court by the UK Law Officers.

An amended Bill was approved by the Scottish Parliament on 7 Dec 2023, received Royal Assent in January 2024 and the key provisions commenced on 16 July 2024.  The Act provides legal protection for children’s rights in Scotland that is not currently available in any other part of the UK.

What changed and why

This has remained a set of activities undertaken as planned.

Work has focused on supporting the implementation of the UNCRC (Incorporation) (Scotland) Act 2024. Key to this within the Scottish Government is the implementation of the revised Childrens Rights and Wellbeing Impact Assessments (CRWIA) which is a tool to ensure Scottish Ministers give due consideration to the impact on children’s rights during the process of framing new legislation or taking significant strategic decisions. The UNCRC Act requires Scottish Ministers to prepare and publish a CRWIA in certain circumstances, including the development of new legislation, Scottish Statutory Instruments (SSIs) and decisions of a strategic nature.

Where we are now

The Act introduced new duties that have important implications for how Scottish Government develop and deliver policy. This will require the Scottish Government to mainstream children’s rights considerations into legislation, policy and practice using CRWIA’s and the Children’s Rights Scheme.

Under the Act, ministers will be required to publish a Children’s Rights Scheme, setting out the arrangements the Scottish Government is putting in place to fulfil its duties under the UNCRC Act and to secure or further strengthen children’s rights which includes several arrangements. Those most relevant to this doc are:

• ensure that children are able to participate in the making of decisions that affect them with access to such support and representation (for example from children’s advocacy services as they require to do so
• use, and promote the use of, inclusive ways of communicating that ensure that children are able to receive information and express themselves in ways that best meet their needs (in relation to speech, language or otherwise)

We are also supporting public authorities to understand and fulfil their UNCRC duties and take a children’s human rights approach in the design and delivery of services, including: The skills and knowledge framework, statutory and non-statutory guidance, and innovation fund projects.

Milestone status

Complete.

Milestone: children and young persons participation framework

• raise awareness and support policy teams within Scottish Government to use the Framework and build their capacity to engage with children and young people

• grow the evidence bank of examples of how Children and Young People have engaged in decision making process within policy design

Timescales

January 2024.

Where we started

To respond to the growing need for children and young people’s participation in decision-making and policy design across Scottish Government, Scottish Government aimed to develop a Children and Young People’s Participation Framework.

The Framework would be a key milestone as it would ensure approaches to engagement with Children and Young People are meaningful, coordinated and sustainable.

What changed and why

This has remained a set of activities undertaken as planned. The Framework was made available to Scottish Government staff in January 2024.

Where we are now

Work now looks to build on this milestone to develop the reach and impact of the Framework.

What activity this will involve

• delivery of awareness raising sessions across the entire Scottish Government portfolio
• work directly with policy teams interested in using the Framework 
• grow and share the evidence bank to promote the enquiry and research stage that should happen before participation

Milestone status

In progress, on schedule.

Milestone: young persons participation toolkit

• raise awareness and promote the Young Persons Participation Toolkit, the Right Way Hub

Timescales

April 2023.

Where we started

Scottish Government provided the Scottish Youth Parliament with a grant to create a new participation resource called ‘The Right Way’.  

The toolkit was co-created with Young People who worked in partnership with senior Scottish Government officials and policy teams in three specific areas to explore approaches to youth engagement and participation, and identify, develop, and deliver, a relevant and meaningful approach.

What changed and why

This has remained a set of activities undertaken as planned. The Right Way Hub went live in April 2023.

The Scottish Youth Parliament delivered their Right Way training to all Director General’s as part of the 2023 Executive Team Takeover. 

Where we are now

Work now looks to build on this milestone by:

• raising the profile and promoting the Young Persons Participation Toolkit, the Right Way Hub
• work with SYP in 2024/25 to engage policy teams and senior leadership on work connected to the Hub including training and mentoring opportunities

Milestone status

Complete.

Milestone: support the Children and Young Peoples annual meetings with the Cabinet and the Executive Team

Timescales

End of the action plan (2025).

Where we started

The purpose of annual Cabinet and Executive Team meetings with children and young people, is to demonstrate at the highest level of government, our commitment to meaningful engagement with children and young people on issues that matter most to them, with the aim of improving the development and implementation of policy and legislation. This is in line with Article 12 of the United Nations Convention on the Rights of the Child (UNCRC), as it gives children and young people the opportunity to bring the issues most important to them and their peers directly to the First Minister, Deputy First Minister, and Cabinet Secretaries.

Since 2017, the Children’s Parliament (CP) and Scottish Youth Parliament (SYP) have been involved in the co-design and delivery of the meetings.

The Cabinet takeovers are intended to give Children and Young People a platform to influence national decisions, effectively participate in wider civic society, and shape the future Scotland they want to live in. 

The CYPs’ decide on a series of Calls to Action through a review of the key reports and research published in the last 12 months by other CYP organisations including the Concluding Observations and Together’s State of Children’s Rights Report. The CYP who attend the meetings are therefore representing the voices of many others from across Scotland.

What changed and why

This has remained a set of activities undertaken as planned.

The CYP met with ET in June 2024 followed by the Cabinet in November 2024. This enabled the CYP, in their Calls to Action, to have a greater awareness of the work Scottish Government is already undertaking. This make the process more meaningful as the CYP will have both an understanding of the issue from a lived-experience perspective and have better insight into the work Scottish Government is doing to address the issue. 

The Children’s Rights Unit actively collaborated with those policy teams connected to the Calls to Action throughout the year and encourages them to engage with the CYP.

The cycle is then reflected upon, learning adopted, and the process initiated again in January 2025.

Where we are now

Work continues to support the Children and Young Peoples annual meetings with the Cabinet and the Executive Team into 2025.

What activity this will involve

Timescales to progress this milestone are currently outlined as:

• January to May: work with policy teams to investigate, research, and identifying or progress the calls to action

• June: meeting with Scottish Government’s Executive Team 

• July to October: work with policy areas to explore issues  

• November: Cabinet meeting for the Children and Young People to report to Ministers

• January: review, reflection and feedback

• process re-initiated

At each phase of this model feedback loops are built in to ensure the Children and Young People are aware of how their voice is being listened to and acted upon.  

Milestone status

In progress, on schedule.