Student mental health action plan: child rights and wellbeing impact assessment

Conclusion

6. 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?

The measures have a positive impact on children’s rights in that the proposal’s five actions have the potential to further the realisation and enjoyment of children’s rights in relation to further and higher education and mental health and wellbeing services. Further details are given at Section Eight.

Children’s Rights (Annex 1)

Applicable answer(s): Positive

7. 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 Student Mental Health Action Plan sits within the Mental Health and Wellbeing Strategy and the Workforce and Delivery Plans published last year which set out the Scottish Government’s wider ambitions on Scotland’s mental health and wellbeing. These have also been subject to a CRWIA.

The Action Plan’s development was informed by a rights approach and a definition of mental wellbeing, mental health and mental illness linked to a combination of factors including neurodiversity.

The five measures set out in the Action Plan not only ‘respect and protect’ the rights of children in the further and higher education system but seek to advance them. This is done by ensuring that children in the college and university system can better access the range of services available and that their rights to that equity of access are clearly communicated. Furthermore, on leaving school, they are clear as to their rights to information held on them, the obligations of institutions and how to engage with them and the mechanisms in place for service access as they transition to adulthood. This includes the completion of Transition Care Planning in relation to CAMHS and ownership of a Child’s Plan in relation to GIRFEC.

These measures, improving access to mental heath services, enhance ‘the right of the child to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health.’ By doing this a child’s rights to education are strengthened (Article 28) as are a ‘child’s personality, talents and mental and physical abilities’ are enabled to be developed ‘to their fullest potential’. (Article 29).

The Action Plan’s five actions also address the UNCRC’s concluding observations in relation to health and health services. It does so by recognising the need for equity of access for students, including those within the definition of children, to health services, including preventative services. (Articles 2, 3 and 19) It seeks to, through the continued development of Student Mental Health Agreements, involve children at college and university, including those with disabilities, in the improvement of such services. (Articles 12, 23 and 24) This aims to improve their health and participation in education. (Articles 28 and 29)

The Action Plan recognises the diversity of the student population and in particular challenges faced by certain groups, for example, LGB+, as to their mental health and accessing appropriate services and seeks to reduce inequality of access between students and the general population. The Action Plan also seeks to explore how data collection and analysis on student use of primary and secondary mental health services can be enhanced.

The Action Plan will be promoted through Student Mental Health Agreements and college and university systems. (Article 42)

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

No negative impact has been identified.

9. 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?

Applicable answer: Yes

The measures (expressed through the five actions) will ensure that children up to the age of 18 studying at college or university have equity of access to prevention and treatment in relation to mental health and wellbeing.

The applicable indicators are:

Healthy

Indicator: Having the highest attainable standards of physical and mental health, access to suitable healthcare, and support in learning to make healthy and safe choices.

Contribution: By improving students’ access to established health services, this proposal positively contributes to the wellbeing of young people in higher and further education.

Achieving

Indicator: Being supported and guided in learning and in the development of skills, confidence and self-esteem, at home, in school and in the community.

Contribution: By making it easier for students to access services to improve their mental health, this proposal supports young people in higher and further education to be less limited by health barriers, to fully partake in their education.

Nurtered

Indicator: Growing, developing and being cared for in an environment which provides the physical and emotional security, compassion and warmth necessary for healthy growth and to develop resilience and a positive identity.

Contribution: Through the proposal’s emphasis on improving access to established mental health services and resources, support staff in higher and further education will be better empowered to ensure that young people in their institutions are supported and guided throughout their education.

Active

Indicator: Having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home, in school and in the community.

Contribution: The Action Plan is informed by Public Health Scotland’s Three Levels of Prevention.

Level One relates to health promoting measures which reach to all sectors of the student population to create resilience and wellbeing in all students, regardless of whether they have any mental health distress or condition.”

These are informed by the Five Ways to Wellbeing which cite physical activity and social relationships as two of its five “ways”.

Respected:

Indicator: Being involved in and having their voices heard in decisions that affect their life, with support where appropriate.

Contribution: Through continued funding for NUS Think Positive’s Student Mental Health Agreements, young people across Scotland’s colleges and universities will have the opportunity to take part in collaboration efforts, with staff and leaders, to shape their institution’s mental wellbeing offer.

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

Although there are no plans to publish a child-friendly CRWIA, the Scottish Government and its agencies (SAAS and SFC) will communicate the Action Plan and its five actions to students and will work with wider sector partners - Universities Scotland, Colleges Scotland, College Development Network, NUS Scotland, Think Positive (through Student Mental Health Agreements) and AMOSSHE - to do likewise. The plan and CRWIA will be published on gov.scot so that those wishing to access it can do so. Additionally, the CRWIA in so far as is possible has been written in accessible language so those wishing to read it can understand its content and the potential impacts identified.