UNCRC Strategic Implementation board minutes: March 2024 - Summary

Attendees and apologies

Members of the board

• Andrew Watson (Chair), Director for Children and Families
• Dragan Nastic, UNICEF UK
• Gina Wilson, Children and Young People’s Commissioner Scotland (CYCPS)
• Juliet Harris, Together Scotland
• Margo Williamson, SOLACE
• Helen Fogarty, Social Security Scotland
• Jennifer Davidson, Institute for Inspiring Children’s Future’s
• Craig Morris, Care Inspectorate
• Chloe Riddell, The Promise
• Megan Moffat, Who Cares? Scotland (Deputising for Laura Pasternak)
• Margaret Gibb, Parenting Across Scotland
• Michael Cameron, Scottish Housing Regulator
• Laura Caven, COSLA

Scottish Government officials

• Ian Donaldson, Deputy Director: Children’s Rights Protection and Justice
• Dean Snape, UNCRC Project Manager
• Andrew Preston, UNCRC Programme Assistant
• Carola Eyber, Children’s Rights Reporting and Monitoring Lead
• Gita Sharkey, Joint Unit Head, Children’s Rights Unit
• Liz Levy, Joint Unit Head, Children’s Rights Unit
• Lyndsey Saki, Embedding Children’s Rights in Public Services Programme Lead
• Paul Gorman, Empowered Children and Young People Lead
• Shona Spence, UNCRC Bill Lead
• Sarah Booth, SGLD
• Kavita Chetty, Scottish Government (Observing)

  Apologies

• Margo Williamson, SOLACE
• Helen Fogarty, Social Security Scotland
• ACC David Duncan, Police Scotland
• Norma Ruettiman, Care and Learning Alliance
• Craig Morris, Care Inspectorate
• Laura Pasternak, Who Cares? Scotland

Items and actions

What is the Strategic Implementation Board?

The Strategic Implementation Board (or SIB, for short) is a group of people that meet every two months. They support the Government to make the United Nations Convention on the Rights of the Child (UNCRC) part of Scots law. They put in place support for organisations, children and young people, and their families to help ensure that children’s rights are made real. They discuss if the work is on track and help to fix any problems in trying to make this happen. There are people on the SIB from Police, Education, Health, Social Work, children’s rights organisations, and the Scottish Government.

What was discussed at this meeting?

Amendments to the UNCRC act
It was explained that there are three amendments that the Scottish Government is hoping to make to the UNCRC Act to strengthen legal coherence and practical operation. (An amendment to reduce the frequency with which Scottish Ministers need to review and consider new actions for the Children’s Rights Scheme had already been discussed at SIB at November and January meetings.)

The first amendment discussed was to add an exemption that is included in the Human Rights Act 1998, which states that the compatibility duty does not apply when a public authority is delivering its functions under provisions in other primary legislation that either prevents them from acting compatibly or cannot be read in a compatible way.

The second proposed amendment was to limit the requirement to undertake CRWIAs and make statements of compatibility so that this applies only to legislation that is relevant to children’s rights and wellbeing.

The third proposed amendment relates to remedies available in the criminal courts if and when a court determines that a decision by the prosecution was incompatible with the UNCRC requirements.

Support for public authorities on commencement
A member of SIB provided an update on support provided to date for Local Authorities and Health Boards. Members were reminded that the Improvement Service’s UNCRC Implementation Project was established in Spring 2022 to support local authorities in Scotland to prepare for the incorporation of the UNCRC into Scots law. The project has been developed collaboratively with local authorities and other partners to build their capacity to understand and take action to ensure compliance with the new legislation and uphold children’s rights.

Exploring gaps and barriers in the pathway to remedy
An update was provided on the work to map and strengthen advocacy provision and set out future plans to explore gaps and barriers to seeking remedy for a rights issue. It was explained that while there is specific advocacy support across Scotland for children and young people experiencing particular challenges, general advocacy support for all children and young people is not available in all local authorities.

Children’s Rights Unit business plan
A member discussed that a draft of the CRU Business Plan for 2024/25 was provided in the papers for the meeting. It sets out what the Children’s Rights Unit proposes to deliver as well as what it hopes to fund partner organisations to deliver in the coming financial year. Although the draft indicates who the Unit would like to fund and for what purpose, it does not provide the value of funding and makes clear that this is ‘subject to budget’.

The next meeting of the SIB will be held on Tuesday 28 May 2024 from 15:30 to 17:00