United Nations Convention on the Rights of the Child (UNCRC): Child Rights Regulation and Improvement Action Group minutes: April 2025

Attendees and apologies

Aqeel Ahmed (Chair), Scottish Government – AA 
Lyndsey Saki, Scottish Government – LS 
Luiza Leite (minutes), Scottish Government – LL 
Aileen Nicol, Care Inspectorate – AN 
Brian Johnston, Her Majesty’s Inspectorate of Constabulary Scotland (HMICS) – BJ
Eleanor Kerr, Healthcare Improvement Scotland – EK 
Josh Barnham, Scottish Public Services Ombudsman (SPSO) – JB 
Jack Booker, Scottish Social Services Council – JB 
Jillian Matthew, Audit Scotland – JM 
Linda Mckenna, Scottish Housing Regulator – LM
Nick Targontsidis, NHS Education Scotland – NT

Apologies
Fraser McCallum, Education Scotland 
Helen Dawson, Mental Welfare Commission for Scotland 
Neil Macleod, Scottish Social Services Council 
Nina Miller, Audit Scotland 
Stephen Bermingham, Children’s Hearings Scotland 
 

Items and actions

Welcome and apologies 

 

AA welcomed attendees, noted apologies, and invited members to introduce themselves. The group welcomed Jack Booker who joined for the first time in Neil Macleod’s absence. 

 

Scottish Government update / update from members

 

AA highlighted that the Children’s Rights Skills & Knowledge Framework has recently been published. AA welcomed feedback from any members who had a chance to look at it. 

NT provided feedback that health boards have found it useful, noting the training guide is helpful to inform the way they’re upskilling their workforce. NES may host a session on how they are using it and share best practice. NT noted that NES are also working on making the Getting it Right for Every Child (GIRFEC) and Children’s Rights learning on Turas more aligned with the Skills and Knowledge Framework over the next few months. 

Meeting papers included a Framework document. The purpose of the document is to agree a set of principles to support scrutiny bodies embed a children’s human rights approach in their work. AA informed members that all amendment requests raised at the last meeting have been made and noted that it would be helpful to hear feedback on the document from those who have not yet had a chance to comment. 

 

Presentation by Josh Barnham, Complaints Reviewer, Scottish Public Service Ombudsman (SPSO) on the new child friendly complaints process 

 

JB provided a short presentation on the new child friendly complaints process, focussing on 3 key areas: 
•    Principles
•    Implementation
•    Challenges

 

Principles

The SPSO child friendly complaints model was launched at the same time as the UNCRC Act. SPSO engaged with children and young people from various backgrounds, as well as professionals, to co-design a new model. Children and young people agreed it was important that trusted adults played a key role in the development process, as parents and guardians must be equipped with information to explain the process to them.  
The Principles were approved by the Scottish Parliament in May 2024. Process Guidance is available, however it is not statutory, as it would be difficult to replicate for different sectors. The guidance is flexible and JB is aware that public authorities are using it. JB provided a brief overview of each principle:
Definition of a child – this follows the UNCRC definition of a child, which is everyone up to the age of 18. This has been unproblematic for every setting except housing. There is some confusion around housing where those under 18 are legal tenants, but this is being shared across housing associations to develop understanding. 
Best interests of the child – this is currently being misused, i.e. some services don’t want to engage with a child because they don’t think it’s within their best interests. JB explained that there are very few cases where it’s appropriate to not engage with the child (i.e. where a child is at significant risk of harm and re-traumatisation). JB confirmed that cases are being sent back when they see this. 
SPSO are currently working with public authorities to strengthen their understanding around ensuring the voice of children and young people is heard. JB acknowledged there is still a cultural shift needed here. SPSO is testing a form on how to consider best interests, taking public authorities through a step by step process.
Trusting and inclusive – this is about trusting children, while being inclusive of their parents/carers. Children have the right to make the decisions they can manage, parents have the right to guide and direct them, appropriate to their age/stage. This may result in complaints that do not involve parents at all. This is tricky as it involves evolving capacities which is different for every child. JB acknowledged this is challenging to understand in some sectors, in particular where services do not have a close relationship with the child. 
Centred on children’s voices – children must always be given the opportunity to give their views, which must be listened to and taken seriously when considering complaints. This is being done quite well across children’s services. Some gaps still exist around services not necessarily targeted at children. There have been some cases pertaining to housing associations in which it may be more appropriate to engage directly with the parent. 
Kind and supportive – this is about making it safe and comfortable for children to raise concerns, building their confidence in the process. Organisations must adapt to meet the needs of the child involved. Children should be allowed to choose who they speak to about their complaint, where possible.
Private and confidential – is about providing control back to children. JB noted there have been no issues identified here as most organisations are doing this well already and complying with the General Data Protection Regulations (GDPR). Children are able to stop the process where appropriate. 
Knowing about rights – is about informing parents. SPSO now have a public facing parent guide which is shared with parents at the beginning of the process, this explains their child’s rights and what might happen as a result of those rights. 

 

Implementation

JB talked about Complaint Handler Networks, noting there is one for every sector, including local authorities, health, education, housing, etc. Lots of co-design work is being done with these networks, JB has met lots of these networks throughout the project and has found this helpful. 
An online training package was developed and launched in February this year. JB confirmed there has been good uptake of this. SPSO are also working on some additional guides and tools (checklists and guides for parents – for their information and to help to support their child) which they hope to get finished by September. 

 

Challenges

Resourcing continues to be a challenge, as there is additional work required for public sector organisations.
JB highlighted there is a need for ongoing advice, noting advice on child friendly complaints has made up 55-60% of SPSO engagement activity so far in this calendar year. JB stressed there will always be a need to help organisations through this. 
Misuse of best interest is a challenge, as mentioned earlier.
Parental cooperation can be a challenge, as parents are not always on board or may not want the child involved at all.
JB feels that more test cases will help in the long term.
Action: JB agreed to share the slides after the meeting.

 

Questions and Answers  

NT asked if JB considered talking to professional networks that have experiences of working on evolving capacities. For example, school nurses, immunisation staff, sexual health staff, etc. NT noted that they have a specific set of guidelines to follow when assessing evolving capacities, and could inform the child friendly complaints work. JB agreed this would be helpful and asked NT to let him know about any of these groups. 
It was also suggested the Scottish Children’s Reporters Administration could help with this. JB will follow up.
LS suggested it would be helpful to share resources across this group on evolving capacities so we can support wider sectors. EK suggested it would be helpful to find some case study examples around immunisation. 
JM shared that there is a correspondence team in Audit Scotland dealing directly with complaints. They are aware of the child friendly complaints work already, but JM will share the slides with them.
AA mentioned that guidance on decision-making with children and young people is currently being updated. He can share key reflections from the group to ensure these are reflected. 
AA asked if JB can share any themes arising from complaints. JB explained there are not many trends emerging beyond the issue of rights, noting these are currently very general. JB agreed to share any emerging themes with the group in future.
AA noted there is a new resource on parent club on how to have conversations about children’s rights. AA agreed to share this with the group.
Action: AA to share new resource on parent club with the group.

 

Update to the Framework Document 

 

JM highlighted a section in the Framework Document that talks about “scrutiny bodies ensuring” that public authorities achieve certain outcomes. She noted that scrutiny bodies cannot ensure that public authorities work a certain way, however they can promote good practice. AA agreed to amend the language in this section. 
Action: AA to amend the Framework Document following this meeting. 
Attendees agreed that a future meeting should look at evolving capacities, and how children and young people are heard and involved in decisions that affect them.

 

AOB 

 

The date of the next meeting will be Tuesday 10 June.