Scottish Attainment Challenge 2022 to 2023 - 2025 to 2026: child rights and wellbeing impact assessment

5. How will the policy/measure give better or further effect to the implementation of the UNCRC in Scotland?

Education is one of the most effective means we have to improve the life chances of all of our young people and the right to and goals of education are enshrined in the United Nations Convention on the Rights of the Child. The COVID-19 pandemic has in many ways highlighted the importance of school based education. The COVID-19 pandemic has – as set out in the Scottish Government and Education Scotland Equity Audit of January 2021 and a range of other research and evidence – had a disproportionate impact on children and young people affected by poverty. This reinforces the moral imperative to do everything we can to support the best possible outcomes for our future generations by focusing resources on recovery and tackling the poverty-related attainment gap – an imperative borne of our commitment to a human rights based approach to children and young people's care, support and education.

In November 2021, the Cabinet Secretary for Education and Skills set out plans for a refreshed SAC from April 2022. The mission of this refreshed Challenge is:

to use education to improve outcomes for children and young people impacted by poverty, with a focus on tackling the poverty-related attainment gap.

This mission recognises the need to reflect the breadth of achievements and experiences that contribute to improved outcomes for children and young people including through improved post-school participation in positive destinations. This represents strengthened alignment with the Curriculum for Excellence and the findings of the OECD and Audit Scotland reports of 2021, which indicate the need for stronger national and local data on the wider benefits of Scottish education; and acknowledges Article 29 and Article 31 of the UNCRC.

Since March 2021, articles of the UNCRC have been embedded in the refreshed operational guidance of the SEF, PEF and CECYP. We recognise that poverty can have a significant impact on the attainment and opportunities for children and young people. The SAC programme seeks to look to mitigate the impact of poverty on children and young people's education with interventions to provide all children and young people with equity in education, which specifically relate to Article 28, right to education and Article 29, aims of education. SAC also seeks to support children and young people's health and wellbeing which relates to Article 31, the right to leisure, play and participation in cultural and artistic activities.

The SAC focuses on supporting additional improvement activities and support in literacy, numeracy and health and wellbeing across every local authority and all of schools in Scotland. Health and wellbeing is also about ensuring that pupils are able to make the most of their educational opportunities regardless of their background or financial circumstances and through promotion of attendance at school. For example, in relation to CECYP, a paragraph in the operational guidance states:

As a result of the Bill recognising and realising children's rights are now a legal requirement and not just good practice. The 54 Articles of the Convention outline how children should be protected, provided for, and given the opportunity to participate in decisions made about them.

The principles of UNCRC are further embedded in the guidance with descriptions of how the Articles can be practically implemented:

All support should be planned through a trauma responsive lens, with acknowledgement that most Care Experienced Children have experienced developmental trauma and are protected under article 39 of the UNCRC: Article 39 (recovery from trauma and reintegration).

The participation of children and young people is fundamental to the operation of the fund and this is outlined in the key principles of the operational guidance:

Decisions should be informed by robust data (high quality, timely and complete) and take account of care experienced voices (voices of CECYP, their families and /or those who know them best) in order to ensure that the use of funds is centred on overcoming the key barriers to achieving the best outcomes for their care experienced children and young people.

Another example for PEF is that Article 28 states Parties recognise the right of child to education and should take appropriate measures such as the introduction of free education and offering financial assistance in case of need;

One key principle of PEF states:

Funding must provide targeted support for children and young people (and their families if appropriate) affected by poverty to achieve their full potential, focusing on targeted improvement activity in literacy, numeracy and health and wellbeing.

In relation to Article 12 where "children to be given the opportunity to participate in decisions made about them." PEF incorporates this as a key principle:

Teachers, parents and carers, children and young people and other key stakeholders should be meaningfully involved throughout the processes of planning, implementing and evaluating approaches.