Additional support for learning: action plan (updated October 2021)

8.1 Rights

Recommendation

The incorporation of UNCRC and its impact on ASL legislation and processes must be fully anticipated and planned for to ensure children's rights are embedded and effectively underpin implementation of the ASL legislation.

Response

Accept.

Actions to be taken forward - Oct 2020

The Scottish Government has committed to incorporating the United Nations Convention on the Rights of the Child (UNCRC) into law to the maximum extent possible within the powers of the Scottish Parliament.

The Additional Support for Learning Act 2004 (as amended) empowers children and young people by giving them a number of rights in respect of additional support for learning in school education.

We will ensure that implementation of the 2004 Act fully meets the requirements of the UNCRC as it extends to Scotland.

The Scottish Government will fully consider the impact of the incorporation of UNCRC on additional support for learning legislation, including assessment of capacity.

The Scottish Government will work with partners, including those who will have duties placed on them through incorporation of the UNCRC, children and young people and parents and carers to ensure that children's rights are embedded and underpin implementation of additional support for learning.

ADES will promote this work through their networks.

COSLA will engage with the development and implementation of UNCRC legislation seeking to ensure it allows for children's rights to be embedded and that this can be appropriately planned for.

Delivery Timescale

As set out within the 2020 Programme for Government, the UNCRC will be incorporated into Scot's law, to the maximum extent of the Scottish Parliament's powers, by the end of this Parliament.

Status Oct 2021

On-going / on track

Progress made:

The Scottish Government respects and protects the UNCRC rights to help deliver our aim that children grow up loved, safe and respected, and so that they reach their full potential.

The Education (Additional Support for Learning) (Scotland) Act 2004 provides the legal framework which underpins the system for identifying and addressing the additional support needs of children and young people who face a barrier to learning. It already embeds certain UNCRC articles and empowers children and young people by giving them a number of rights that enable them to influence decisions about their education and support including the identification, planning and review of their needs.

In line with our commitment, we have been considering the impact of the incorporation of UNCRC on the 2004 Act, as well as additional support for learning policy, practice and guidance. We will now proceed in engaging with key stakeholders, children and young people and parents and carers to progress this work further and ensure that children's rights are embedded and effectively underpin implementation of the additional support for learning.

ADES work to promote this work through their networks is due to restart in November 2021.

COSLA Officers have been developing a children and young people engagement plan, ensuring participation and lived experiences consistently help to inform decision-making by the Board. This is especially important as Local Government has committed to embedding the UNCRC across everything they do, so that children's rights are consistently upheld and championed.