Responding to Substance Use (Including Vapes and Other Nicotine Products) in Schools - child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment Template

1. Brief Summary

Type of proposal:

Decision of a strategic nature relating to the rights and wellbeing of children

Name the proposal, and describe its overall aims and intended purpose.

The ‘Responding to Substance Use in Schools (including vapes and other nicotine products) guidance’ aims to support education authorities and schools to develop or update local policies and responses to substance use by children and young people in school settings. The guidance covers illegal substances and age-restricted substances such as alcohol, vapes and other nicotine products.

The guidance is non-statutory. It is intended to promote a consistent, proportionate and child-centred approach to:

• Prevention (helping to create a school environment where children and young people feel safe, supported and informed, so they are less likely to use harmful substances);
• Early intervention (spotting concerns early and offering support before problems become more serious); and
• Response (being clear about what should happen if substance use is identified in school - including how the child or young person will be supported and how everyone’s safety and wellbeing will be protected).

This approach is grounded in children’s rights, wellbeing and Getting it right for every child (GIRFEC) principles. It emphasises trauma-informed, non‑stigmatising responses; partnership working with parents and services; and the need to balance individual support with the safety and wellbeing of the wider school community. The guidance sits alongside, and aligns with, national policy on relationships and behaviour in schools and wider public health approaches to reducing harm.

Start date of proposal’s development: August 2025

Start date of CRWIA process: August 2025

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

The guidance is considered to have a direct and positive impact on children and young people aged 4–18 in Scotland’s schools by supporting the realisation of a number of UNCRC rights. It addresses substance use as both a health and wellbeing issue and a potential safeguarding concern, sets expectations that prioritise children and young people’s dignity, safety and access to education and takes into account individual circumstances in order to understand and respond to the underlying causes of substance use.

In particular, the guidance is expected to have a positive impact and promote the better realisation of the following UNCRC articles:

Article 2 (Non-discrimination)

The guidance promotes equitable and inclusive approaches to, ensure all children and young people are treated fairly, that differences in their experiences and circumstances are recognised, and that support is adapted to meet individual needs rather than applying a one-size-fits-all response. It acknowledges that experiences of substance use and related harm can vary, including for children and young people affected by poverty, trauma, disability and/or additional support needs. The guidance therefore sets consistent expectations for schools while allowing flexibility in how responses are applied, helping to reduce the risk of disproportionate outcomes.

Article 3 (Best interests of the child)

The guidance emphasises that decisions relating to substance use incidents should prioritise the best interests of the child or young person, while also considering the safety and wellbeing of others. The guidance aims to uphold this right for the child using these substances, and also the best interests of other children in the school. The guidance recognises that substance use may signal wider distress, unmet need or vulnerability in a child or young person’s life, and therefore should be considered as a wellbeing issue not simply a behaviour issue. Responses are expected to be proportionate and focused on support, learning and prevention of further harm.

Article 5 (Parental guidance and a child’s evolving capacities)

Parents are recognised as essential partners in the prevention, early intervention and response to substance use. The guidance encourages schools to engage with parents early, respectfully and transparently, while also recognising children and young people’s evolving capacities and increasing autonomy, particularly for older pupils. Nevertheless, the guidance takes the stance that the nature of the substances covered by the guidance – as either illegal or age-restricted - are not suitable for children and young people and should not be used in schools, even by the small number of older pupils (for example, S6 pupils aged 18) who may legally purchase and use certain age-restricted substances such as alcohol, tobacco or vapes.

Article 6 (Life, survival and development)

The guidance prioritises children and young people’s safety, health and development, including early identification of risk, access to support, and safeguarding responses where substance use may pose serious harm.

Article 12 (Respect for the views of the child)

The guidance promotes meaningful engagement with children and young people in developing school substance use policies and shaping learning about substances. It supports children and young people being listened to in discussions about incidents affecting them.

Article 16 (Right to privacy)

The guidance has regard to children and young people’s privacy by setting clear boundaries on the actions schools can take, including that school staff should not search pupils, and by emphasising that recording and information-sharing should take place through established GIRFEC, safeguarding and legal processes.

Article 19 (Protection from violence, abuse and neglect)

Substance use is recognised as a potential indicator of wider safeguarding concerns, including exploitation and/or neglect. The guidance recognises substance use as a risk factor for disruptive or violent behaviour affecting other children and young people, or staff, in the school community. The guidance strengthens protective measures through clear escalation routes, partnership working and alignment with child protection processes.

Article 23 (Children with a disability)

The guidance recognises that children and young people with disabilities and/or additional support needs may require tailored responses. It encourages schools to consider neurodiversity, communication needs and regulation difficulties when responding to substance‑related behaviour.

Article 24 (Health and health services)

The guidance supports children and young people’s right to the highest attainable standard of health by promoting prevention, early identification of risk, access to school nursing, counselling and specialist services, and evidence‑based health education. It also recognises the impact that children and young people’s substance use may have on the health and wellbeing of their peers, reinforcing the need for school environments to be substance-free.

Article 28 (Right to education)

By supporting consistent, supportive responses to substance use and emphasising exclusion as a last resort, the guidance seeks to protect children and young people’s access to education and reduce disengagement from learning. The guidance also recognises the right to education for all children and young people, including the right to learn in an environment that is safe, supportive and not disrupted by the behaviour of others.

Article 29 (Goals of education)

The guidance supports education that develops children and young people’s life skills, resilience, decision‑making and respect for others, consistent with the aims of education under article 29.

Article 33 (Drug abuse)

The guidance directly supports the better realisation of article 33 by setting out measures to protect children and young people from harmful substances and prevent use within school environments. This includes the protection of all children and young people, including those affected by another’s use.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

• Evidence from:

existing research/reports/policy expertise

The guidance has been informed by a range of qualitative and quantitative evidence, policy expertise and stakeholder engagement. Key evidence includes the Behaviour in Scottish Schools Research (BISSR) 2023, which identified vaping as an emerging issue and reported increases since 2016 of staff reporting instances of pupils being under the influence of alcohol or drugs.

The guidance has also been informed by public health evidence and national data^[1] showing that while most children and young people do not use substances, early and harmful use is associated with poorer physical, mental and social outcomes.

• The guidance was also informed by:
• ASH SmokeFree GB Youth Survey – Scotland findings 2025
• Health and Wellbeing Census 2021/22
• Growing Up in Scotland: Life at Age 17 (2025)
• WHO / HBSC adolescent substance use evidence

consultation/feedback from stakeholders

The guidance has been shaped by engagement with education authorities, health boards, practitioners and national stakeholders through a dedicated subgroup as well as established advisory and governance structures.

Feedback consistently emphasised the importance of clarity on expectations, alignment with existing national guidance, effective partnership working with parents and services, and a clear balance between individual support and the safety and wellbeing of the wider school community.

consultation/feedback directly from children and young people

There is limited direct qualitative evidence from children and young people specifically on school substance use policies.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

There is limited direct qualitative evidence from children and young people specifically on school substance use policies. This gap will be addressed through future engagement with children and young people and through future waves of the Behaviour in Scottish Schools Research, which will continue to inform policy refinement and implementation.

5. Analysis of Evidence

The evidence indicates a clear need for consistent, rights‑based approaches to substance use in schools that prioritise wellbeing, learning and safety. The guidance responds by setting clear expectations in line with legal and policy frameworks, while emphasising supportive, trauma‑informed responses. Analysis suggests the guidance will strengthen protection of children and young people’s health, reduce stigma, support early identification of risk, and help maintain inclusive learning environments. The alignment with GIRFEC and wider public health strategies supports a holistic response to substance use.

The research highlighted the impact of substance use on wellbeing, engagement in learning, behaviour and perceptions of safety within school environments, as well as the need for clear, consistent and supportive approaches aligned with wider relationships and behaviour policy.

Evidence indicates that substance use may act as an indicator of underlying distress, trauma, unmet need or safeguarding concerns, and that experiences of harm can vary across groups of children and young people, including those affected by poverty, disability and/or additional support needs. These issues were explored in the accompanying Equality Impact Assessment (EQIA), which identified the importance of non-stigmatising, proportionate responses and the need to avoid disproportionate impacts on particular groups of pupils.

6. What changes (if any) have been made to the proposal as a result of this assessment?

The CRWIA did not result in substantive changes to the content of the guidance, which is aligned with existing legal and policy frameworks. The assessment confirmed that the approach already taken in developing the guidance was consistent with children’s rights and wellbeing considerations. The CRWIA provided assurance that the emphasis on proportionate, non-stigmatising, and supportive responses; partnership working; and balancing individual support with the safety and wellbeing of the wider school community was appropriate and aligned with UNCRC requirements.