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The Provision Of Early Learning And Childcare (Specified Children) (Scotland) Amendment Order 2020: children's rights and wellbeing impact assessment

Children's rights and wellbeing impact assessment (CRWIA) on children's rights and wellbeing relating to the entitlement to funded ELC in a deferred year.


Monitoring and review

We will be setting up a Working Group to consider the implementation of the policy and we hope to learn from authorities that are already delivering this policy in part or in full, or those who adopt the policy in advance of August 2023 as a result of local policy decisions. We are considering opportunities to work with any authorities participating in early adoption of the obligation, including potential data collection and evaluation of the implementation process. Part of this work will assess communications and information approaches to support parental choice.

When the policy is fully implemented, it is expected that the future ELC census, which will be fully established by 2022, will allow for more substantive research on how different families use ELC in a deferred year.

By 2022, the census will be based on an individual child level collection, and will collect characteristics data on children accessing funded ELC, including: sex, ethnicity, disability status, whether the child has any additional support needs, and the home postcode of the child (to enable analysis by the Scottish Index of Multiple Deprivation).

This should allow for more substantive analysis on how different families use funded ELC in a deferred year, and help to identify if there are any particular groups where uptake is significantly different and where the Scottish Government and local authorities may need to further explore why this is in order to establish whether policy adjustments should be made.

Bill - Clause

Aims of measure

Likely to impact on . . .

Compliance with UNCRC requirements

Contribution to local duties to safeguard, support and promote child wellbeing

The Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2020

The objective of The Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2020 is to entitle all children to funded ELC whose parents have decided to defer their entry to P1 for a year.

This means that children who turn five years old between the August and December after the school commencement date, are entitled to an additional year of funded ELC automatically when their parent defers their school entry for a year. The aim of amending the eligibility criteria as currently drafted is to ensure that parents decisions on whether to defer their child's P1 entry can be based on the best interests of the child and not whether they automatically qualify for access to funded ELC.

The policy will affect children who turn five years old between the August and December after the school commencement date, whose parents have chosen to defer their entry to P1 for a year.

Will have positive impacts on the following UNCRC articles:

Article 2 – Non-discrimination

Article 3 – Best Interests of the child

Article 5 – Parental Guidance and a child's evolving capacities

Article 6 – Life, survival, and development

Article 12 – Respect for the views of the child

Article 18 – Parental responsibilities and state assistance

Article 23 – Children with disabilities

Article 28 – Right to education

Article 29 – Goals of Education

Article 31 – Leisure, play, and culture

This policy to entitle children with August to December birth dates to funded ELC in a deferred year will impact particularly on Included and Achieving indicators.

CRWIA Declaration

Authorisation

Policy lead
Fran Iwanyckyj
ELC Access and Parental Communications Policy Officer, Early Learning and Childcare

Date
3 December 2020

Deputy Director or equivalent

Alison Cumming
Interim Director for Early Learning and Childcare

Date
2 December 2020

Contact

Email: David.Taggart@gov.scot

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