Child Rights and Wellbeing Impact Assessment (CRWIA) for Guidance on Mobile Phones in Scotland's Schools

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Children’s Rights

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The intended effect of the guidance is to enhance children and young people’s experience of education, aligned to their right to education (article 28). It is established via evidence, that limiting access to mobile phones in schools has a positive impact on the learning outcomes of children and young people.

Further, the guidance contains specific protections for groups of children and young people in particular circumstances, including young carers, pupils with disabilities, additional support needs and mental health and wellbeing needs, who may require access to their phone during the school day for specific purposes. It is for these young people in these circumstances that the guidance provides a positive impact. The guidance is respectful of children’s rights and encourages that their views are sought as part of local policy development. The change to the guidance was made as result of evidence that found that these groups couldn’t be treated in the same way and therefore turned the potentially negative impact of applying the same guidance to all children and young people into a positive impact by adding these special protection into the guidance. This is explored further in question 9.

Therefore, positive impact is assessed in relation to the best interests of the child (article 3), implementation of the convention (article 4), respect for the views of the child (article 12), for children with a disability (article 23), right to education (article 28). Otherwise, the guidance is considered to have a neutral effect.

9. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?

Whilst in initial assessment there was potentially a risk identified in relation to groups of children and young people in particular circumstances, including young carers, pupils with disabilities, additional support needs and mental health and wellbeing needs, who may require access to their phone during the school day for specific purposes, this was mitigated during the development of the guidance through the introduction of exceptions for specific circumstances. Consequently, there are no negative impacts established and therefore it is not considered at risk of incompatibility.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate negative impact or potential incompatibility issues?

Whilst in initial assessment there was potentially a risk identified in relation to groups of children and young people in particular circumstances, including young carers, pupils with disabilities, additional support needs and mental health and wellbeing needs, who may require access to their phone during the school day for specific purposes, this was mitigated during the development of the guidance through the introduction of exceptions for specific circumstances

The potential issue arose in relation to article 23 particularly.

Action Taken/ To Be Taken

This was mitigated during the development of the guidance through the introduction of exceptions for specific circumstances

Date action to be taken or was taken

May 2024

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Applicable answer: Yes

If yes, please provide and explanation below:

There is some evidence to suggest that reduced use of mobile phones is advantageous to children and young people’s wellbeing, both in terms of reduced screen time and a reduction in opportunity to access inappropriate content. This particularly applies to the wellbeing indicators, Achieving, Nurtured, Responsible and Respected.

11. How will you communicate to children and young people the impact that the proposal will have on their rights? (Guidance Section 2.3.2, page 23)

The effect on children and young people’s rights will arise as a result of local policies and procedures on mobile phone use in schools. The guidance confirms the need to engage the whole-school community in the preparation of these polices and procedures, prior to their introduction.