Ukrainian nationals resettled in the UK - student support eligibility criteria date restriction: 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.

Scotland has taken approx.. 23,500 arrivals from Ukraine since the start of the invasion (as of Feb 2023).

The Home Office data (Statistics on Ukrainians in the UK - GOV.UK (www.gov.uk)) shows a steady decline in the amount of arrivals from Ukraine compared to the early weeks/ months following the invasion.

82% of consultation respondents who answered the question agreed with the overarching policy aim that students need to be able to demonstrate a connection to Scotland in order to obtain financial support from the Scottish Government for their studies.

58% of consultation respondents who answered the question agreed that the length of the person’s residence in the UK (together with a requirement to be resident in Scotland on the relevant date) was an appropriate way to assessing whether someone had a sufficient connection to Scotland for the purposes of accessing financial support.

2. Evidence from stakeholders/Policy Colleagues

As noted above, the requirement to be ordinarily resident in Scotland at the time of application was only to be a temporary measure in recognition of the fluid and fast paced nature of the Russian invasion and recognition of the number of Ukrainian nationals who were entering the UK after the start of the 2022/23 Academic Year.

The Home Office statistical report shows a continued steady decline in the number of Ukrainian nationals entering the UK under the designated schemes which has prompted the removal of the temporary measure to align the eligibility criteria with the standard relevant connection criteria.

No further evidence was collected on this change.

3. Evidence from children and young people

No specific evidence has been captured from children and young people on this change.

4. Analysis of the evidence

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

The Home Office statistical report shows a continued steady decline in the number of Ukrainian nationals entering the UK under the designated schemes which has prompted the removal of the temporary measure to align the eligibility criteria with the standard relevant connection criteria.

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 - Neutral

Article 3 Best interests of the child - Neutral

Article 4 Implementation of the Convention - Neutral

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 – Negative/Neutral

Article 29 Goals of education - Neutral

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 - 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.

The majority of the articles have been noted as having no impact with this policy change. For the majority of children and young people who have fled Ukraine and entered the UK under one of the Home Office schemes, there will be no impact. The only impact will be for those who are yet to enter the UK and don’t arrive in Scotland until after the 1 August 2023 and wish to immediately undertake a course of Further or Higher Education.

Home Office data has shown a steady decline in the number of new applicants arriving in the UK so the number of impacted children or young people are likely to be minimal.

As noted previously, the removal of the temporary measure brings the eligibility criteria in alignment with the standard residency criteria (applicable to other Scottish domiciled children/ young people) and also the criteria set out for British nationals (including children/ young people) fleeing the Ukraine as a result of the Russian invasion.

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?

As noted above – there could be a small group of children/ young people who could be negatively impacted by the Right to Education if they arrive in the UK after 1 August 2023 and wish to immediately undertake a course of Further or Higher Education.

The temporary measure was introduced in recognition of the fast moving situation in Ukraine in early 2022. Home Office data has shown a steady decline in new entrants under these designated schemes. The provision in regulations allows them access to home fee status and student financial support without the pre-requisite requirement of being ordinarily resident in the United Kingdom for three years’ so this cohort could still be in a favourable position over others. The removal of the temporary measure brings the eligibility criteria in alignment with the standard residency criteria applicable to other Scottish domiciled children/ young people and also the criteria set out for British children/ young people fleeing Ukraine as a result of the Russian invasion.

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

The general policy of support for Ukrainian nationals who have fled the Russian invasion, settled in Scotland and wish to undertake a course of Further or Higher Education will be eligible for home fee status/ student financial support from the Scottish Government has a positive impact. The overall policy is positive in regards to the right to education.

The removal of the temporary measure brings the eligibility criteria in alignment with the standard residency criteria (applicable to other Scottish domiciled children/ young people) and also the criteria set out for British nationals (including children/ young people) fleeing the Ukraine as a result of the Russian invasion.

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.

Yes

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.

No

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.

No

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

Yes