Student financial support - relevant connection to Scotland: child rights and wellbeing impact assessment

CRWIA Stage 2 – Assessment of Impact and Compatibility

1. What evidence have you used to inform your assessment? Identify any gaps in the evidence base, and set out how you will address these.

The Court opinion in Jasim v Scottish Ministers: 2022csoh64.pdf (scotcourts.gov.uk)

Scottish Government consultation: Scottish Government consultation - changes to student support residency criteria Full analysis will be published in May 2023 on the Scottish Government website (www.gov.scot) and Citizen Space (www.consult.gov.scot)

Evidence provided during the stakeholder engagement exercise.

2. Evidence from stakeholders/Policy Colleagues

As noted above, the Scottish Government carried out a public consultation using the Citizen Space website: Scottish Government consultation - changes to student support residency criteria

Evidence provided during the stakeholder engagement exercise was also used to inform the policy position.

Officials leading on this work also engaged with Department for Education, Welsh Government and Northern Irish Government regarding this work along with colleagues in Migration and Asylum policy.

3. Evidence from children and young people

It is unknown how many children and young people formally responded to the consultation; however policy officials did engage directly with some students who had been directly impacted by the previous long residence provisions.

4. Analysis of the evidence

4.1 How have the findings outlined in questions 1-3 influenced the development of the relevant proposal?

Through the consultation analysis, stakeholder engagement and seeing the operation of the interim Payment Scheme (a financial remedy that Scottish Ministers introduced following the Jasim case for those students impacted by the decision in 2021/22 and 2022/23 AY), the aforementioned expansion of residency eligibility criteria has been developed.

The new provision will determine eligibility based on immigration status and residency rather than the previous long residency provision which also included eligibility criteria which was linked by age.

The change will address discrimination that individuals may have faced as a result of not having been provided with a permanent immigration status. Widening the residency criteria to those who have been granted a form of leave to enter or remain will provide an opportunity for an expanded group of people to access support for courses of Further and Higher Education.

4.2 Assessing for compatibility against the UNCRC requirements (Guidance Section 2.2)

UNCRC Articles

What impact does/will your relevant proposal have on children’s rights (Please tick positive, negative or neutral)

Article 1 Definition of the child - Neutral

Article 2 Non-discrimination - Positive

Article 3 Best interests of the child - Positive

Article 4 Implementation of the Convention - Positive

Article 5 Parental guidance and a child’s evolving capacities - Neutral

Article 6 Life, survival and development - Neutral

Article 7 Birth registration, name, nationality, care - Neutral

Article 8 Protection and preservation of identity - Neutral

Article 9 Separation from parents - Neutral

Article 10 Family reunification - Neutral

Article 11 Abduction and non-return of children - Neutral

Article 12 Respect for the views of the child - Neutral

Article 13 Freedom of expression - Neutral

Article 14 Freedom of thought, belief and religion - Neutral

Article 15 Freedom of association - Neutral

Article 16 Right to privacy - Neutral

Article 17 Access to information from the media - Neutral

Article 18 Parental responsibilities and state assistance - Neutral

Article 19 Protection from violence, abuse and neglect - Neutral

Article 20 Children unable to live with their family - Neutral

Article 21 Adoption - Neutral

Article 22 Refugee children - Neutral

Article 23 Children with a disability - Neutral

Article 24 Health and health services - Neutral

Article 25 Review of treatment in care - Neutral

Article 26 Social security - Neutral

Article 27 Adequate standard of living - Neutral

Article 28 Right to education - Positive

Article 29 Goals of education - Positive

Article 30 Children from minority or indigenous groups - Neutral

Article 31 Leisure, play and culture - Neutral

Article 32 Child labour - Neutral

Article 33 Drug abuse - Neutral

Article 34 Sexual exploitation - Neutral

Article 35 Abduction, sale and trafficking - Neutral

Article 36 Other forms of exploitation - Neutral

Article 37 Inhumane treatment and detention - Neutral

Article 38 War and armed conflicts - Neutral

Article 39 Recovery from trauma and reintegration - Neutral

Article 40 Juvenile justice - Neutral

Article 41 Respect for higher national standards - Neutral

Article 42 Knowledge of rights - Positive/Neutral

First optional protocol

Article 4 - Neutral

Article 5 - Neutral

Article 6 - Neutral

Article 7 - Neutral

Second Optional Protocol

Article 1 - Neutral

Article 2 - Neutral

Article 3 - Neutral

Article 4 - Neutral

Article 6 - Neutral

Article 7 - Neutral

Article 8 - Neutral

Article 9 - Neutral

Article 10 - Neutral

Article 11 - Neutral

5. Impact on children and young people

In relation to the UNCRC articles that you have ticked above, please explain how your relevant proposal will impact or currently impacts on individual or groups of children. Please give consideration to groups who may be considered at greatest risk of not having their right fulfilled.

Positive: The change will address discrimination that individuals may have faced as a result of not having been provided with a permanent immigration status. Widening the residency criteria to those who have been granted a form of leave to enter or remain will provide opportunity for an expanded group of people to access support for courses of Further and Higher Education.

6. Negative Impact/Incompatibility

If negative impact is identified in Question 5 above, can you elaborate on this and explain why impact is or will be negative?

No negative impact was identified.

Are there any potential concerns about compatibility with the UNCRC requirements? Please explain these here.

No

7. Options for modification or mitigation of negative impact or incompatibility

N/A

8. Positive impact: Giving better or further effect to children’s rights in Scotland

This change will have a positive impact on the Right to Education particularly for those children and young people without a permanent immigration status in the secondary education system in Scotland who wish to continue in their learner journey and go onto study at FE/ HE like their peers. This change will open up access to home fee status and financial support from the Scottish Government without the need to have spent a significant period of their life in Scotland (beyond the standard 3 year rule applicable to all Scottish domiciled students).

9. Impact on Wellbeing: does or will the relevant proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.2)

Please tick all of the wellbeing indicators that are relevant to your proposal.

Safe - Growing up in an environment where a child or young person feels secure, nurtured, listened to and enabled to develop to their full potential. This includes freedom from abuse or neglect.

No

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

No

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

Yes

Nurtured - 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.

No

Active - 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.

Yes

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

No

Responsible - Having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision.

Yes

Included - Having help to overcome inequalities and being accepted as part of their family, school and community.

Yes