Further or higher education - student financial support for asylum seekers: 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.

Insufficient evidence to break down in terms of age although anecdotal evidence from the Scottish Refugee Council suggested there were several hundred young accompanied asylum seeking children currently residing in Scotland.

Data on asylum seekers is provided by the Home Office on a UK wide level (Asylum and resettlement datasets - GOV.UK (www.gov.uk)) and is not readily available broken down by those asylum seekers resident in Scotland.

HESA Data indicates that of all first degree entrants in Scottish Higher Education institutions, 41,220 were aged 16 – 24.

SFC Data indicates that of all FE students in Scottish colleges, 31,050 were aged 16 – 24.

In December 2022 it was confirmed that the Scottish Government has rehomed 7 asylum seekers for every 10,000 Scottish residents, working out to approximately between 3,500 and 4,000 based on Scottish population figures.

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.

Within this consultation the Scottish Government posed the following question: “Should financial support beyond support already given through discretionary funds be extended to students who are currently ordinarily resident in Scotland and have sought asylum from the UK Home Office, but whose application is still pending?”

Of 131 respondents, 57 answered Yes, 50 answered No, 20 answered Don’t Know, and 4 did not answer. Whilst there was not overwhelming support for an extension from this one question, there was detailed evidence from relevant stakeholder groups, previously impacted students on the barriers faced for young unaccompanied asylum seekers, children of asylum seekers in continuing with their learner journey post- secondary education should their claim still be awaiting a decision.

The full analysis of the consultation exercise will be published shortly on the Scottish Government website (www.gov.scot) and Citizen Space (www.consult.gov.scot)

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 with some young unaccompanied asylum seekers to hear their lived experience.

4. Analysis of the evidence

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

From the evidence gathered, it was apparent that the students in question are at a particularly vulnerable point in their lives. These students will have had significant breaks in their education already and will reach the further or higher education stage only to have to freeze in place, potentially for multiple years, at a time when what they are allowed to do is significantly curtailed. Those students who are continuing on from secondary education in Scotland as a result of this change will benefit from having parity with their peers in accessing home fee places.

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 - Positive

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 - 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 – This policy will have a positive impact in regards to right to education for young unaccompanied asylum seekers and children of asylum seekers who wish to enter Further or Higher Education in Scotland.

This will be of particular importance to those individuals who have entered the secondary education system in Scotland and wish to continue their learner journey alongside their peers whilst awaiting a decision on their asylum claim.

This policy will allow access to home fee status and tuition fee support only. Further analysis on the impact of living cost support for this group is required.

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 policy will have a positive impact in regards to right to education for young unaccompanied asylum seekers and children of asylum seekers who wish to enter Further or Higher Education in Scotland.

This will be of particular importance to those individuals who have entered the secondary education system in Scotland and wish to continue their learner journey alongside their peers whilst awaiting a decision on their asylum claim.

This policy will allow access to home fee status and tuition fee support only. Further analysis on the impact of living cost support for this group is required.

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