Effective community engagement in local development planning guidance: child rights and wellbeing impact assessment

Introduction

Brief Summary

Type of proposal (Please tick):

Bill

SSI

Decision of a strategic nature relating to the rights and wellbeing of children X

Name the proposal, and describe its overall aims and intended purpose:

Effective Community Engagement in Local Development Plans Guidance (ECEG).

The guidance will be Scottish Government’s high-level expectations on how planning authorities may comply with their legal duties under the Town and Country Planning (Scotland) Act 1997 (the ‘Planning Act’) to engage with communities and the public, including children and young people, when preparing/making their Local Development Plans (LDPs).

The planning system is governed by the Planning Act (as amended). The planning system in Scotland is plan-led. Development planning is required to manage the development and use of land in the long-term public interest. Development plans set out how places will change into the future, including where development should and shouldn’t happen. Decisions made by planning authorities on planning applications submitted to them are to be made in accordance with the development plan, unless there are material considerations that indicate otherwise. The statutory ‘development plan’ comprises the National Planning Framework (NPF) which covers all of the country, and the local development plan (LDP) for each planning authority area. This Child Rights and Wellbeing Impact Assessment is about the Effective Community Engagement in Local Development Plans Guidance, not the wider parts of the planning system. However, background information and impacts identified about some wider aspects of the planning system are referred to in this assessment where relevant.

The guidance is a framework for the levels of engagement to be undertaken. It clarifies where in the plan-making process people are more or less likely to be involved, and highlights where engagement may be most effective. The guidance identifies key stakeholder groups (although it is not an exhaustive identification of stakeholders) and will help proportionality in establishing expectations for the level of engagement anticipated to occur at different stages of the development planning system.

The primary audience for the guidance is planning authorities and community bodies, although it is noted that anyone with an interest in LDPs may find the guidance useful.

The draft guidance and partial CRWIA were subject to consultation in 2023. There were three questions within the consultation of particular relevance to the impact assessments.

See Section 4 of the Effective Community Engagement in Local Development Planning Guidance Impact Assessment Report for fuller explanation.

Start date of proposal’s development: Spring 2022

Start date of CRWIA process: Winter 2022/2023

The CRWIA was commenced prior to the coming into force of the UNCRC (Incorporation) (Scotland) Act 2024 and a partial CRWIA was published for consultation in summer 2023. Finalisation of the CRWIA has been undertaken with consideration of the UNCRC Act now in force.

With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?

Overall, the guidance is likely to have mostly positive indirect impacts for a limited number of articles of the UNCRC Act:

• Article 3 ‘Best Interests of the Child’
• Article 12 ‘Respect for the Views of the Child’
• Article 13 ‘Freedom of expression’
• Article 23 ‘Children with a Disability’.

Direct and Indirect Impact

Directly the guidance supports the Article 12 ‘Respect for the views of the child’ right for children to express their views and those views being given due weight because the information it provides is about the levels of engagement communities can anticipate as LDPs are prepared (made), highlighting the inclusion of children and young people in engagement. Planning authorities are required by Section 16C of the Town and Country Planning (Scotland) Act 1997 to have regard to the guidance. The levels of engagement provided in the guidance can help children and young people understand where their involvement in making a LDP is likely to be most influential. The levels of engagement and application to the stages of LDP making could help the involvement of children and young people be more targeted and effective in enabling their voices to be heard at appropriate points during the process.

Indirectly the guidance helps implement articles that support:

Article 3 best interests of the child:

• through hearing children’s and young peoples’ voices as part of the making of LDPs. This helps to ensure that the future development of place reflects children and young peoples’ needs and aspirations for their places.

Article 13 Freedom of expression – right to seek, receive and impart information and ideas:

• the guidance highlights the importance of hearing children’s and young peoples’ voices as part of making local development plans, with engagement done in a manner that is appropriate to the needs of the people being engaged, topics being discussed, and location for the engagement
• the guidance highlights that particular attention should be given to particular methods of engagement that help to overcome the barriers to engagement faced by children and young people
• the levels of engagement provided in the guidance can help children and young people understand where their involvement in making a LDP is likely to be most influential and could help them to remain informed throughout the LDP making process.

Article 23 Children with a disability – conditions that facilitate the disabled child’s active participation in the community:

• the guidance highlights the inclusion of disabled people in engagement and is clear that particular attention should be given to methods of engagement which help overcome barriers to engagement faced by disabled children and young people.

Groups of Children and Young People

The guidance does not target particular groups of children and young people, (although the Planning Act Section 16A refers to schools, youth councils, and youth parliament representatives as a first consideration for planning authorities in promoting and facilitating participation by children and young people).

The guidance does not set a specific definition of children and young people, but Section 16A of the Planning Act identifies the group as being people aged 25 or under.

In relation to protected characteristics (Age, Disability, Sex, Pregnancy/Maternity, Gender Reassignment, Sexual Orientation; Race; Religion or Belief; Marriage and Civil Partnership) and children and young people, the evidence points to potential interactions between the guidance and the Age, Disability, Race; and Religion or Belief protected characteristics:

• there is a desire for more focus on engagement, and more meaningful engagement of children and young people within the planning system
• young disabled people feel adults could be better at taking their views into account
• skills, confidence, and disenfranchisement were identified as barriers to young people’s engagement
• girls and young women are increasingly also making their voices heard
• there should be more opportunities for inclusion of young Gypsy/Travellers in decision making
• young people, women, disabled people, racialised minorities, and people with first languages that are not English are groups likely to face difficulties engaging with the planning system.

Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

Please see Annex B: Data Bank in the Effective Community Engagement in Local Development Planning Guidance Impact Assessments.

Evidence from research/reports

Scottish household survey 2019: annual report (2020)

• In 2019, almost all (99%) adults aged 16-24 reported using the internet, the age range includes young people.

Planning Review: Young Scot survey results (2017) (a national young people’s survey)

• the majority of young people feel they should be involved in planning in their local area and that their local councils should look at ways to support children and young people to do this.

Young People’s Participation in Decision-Making: UK 2022 Survey Report

• indicates that ‘young people were least likely to be supported to participate in decision-making around transport, housing and regeneration of their local area’;
• that trend was not thought to have shifted since 2010;
• it was thought there is opportunity for young people to be involved at all levels of decision making, with that showing a positive change since 2010;
• ‘that general support for young people’s participation in decision-making has improved at an organisational level’;
• there are fewer organisation supporting young people from the following groups to engage:
  • Gypsy, Traveller, Roma
  • parents
  • asylum seekers
  • people with criminal justice system experience
  • people with experience of homelessness
• Solutions for young people’s engagement included:
  • flexibility in the method of engagement
  • improved relationships with young people, including supporting the needs of individuals
  • addressing physical and practical barriers
  • ‘going to young people’ including partnership working with organisations and creating groups locally
  • organisations felt that funding was key to support engagement work with young people, but other ideas included legal requirements for young people’s participation; training and capacity building and champions.

National Islands Plan Survey Final Report (2021)

• on islands 42% of younger people (aged 18 to 35) compared to 30% of older people (aged 66 and over) report that they can influence decisions made by community organisation such as Development Trusts and community groups.

Young People and the Highlands and Islands: Maximising Opportunities (2018)

• noted levels of community participation varied by geography, with the highest levels reported by young people in Orkney (81%), Shetland (72%) and the Outer Hebrides (70%).

Child and adolescent health and wellbeing: evidence review (2018)

• children and young people want their views to be heard and to make a meaningful contribution to making things better
• involving young people in decision-making requires supporting them to take meaningful, responsible, age-appropriate roles, working in co-operation with professionals and parents/carers
• participation in civic engagement groups has been found to be associated with increased confidence and mental wellbeing as well as positive health and wellbeing outcomes for children and adolescents
• involving people in decision making can further improve service and policy design to meet the needs of young people, leading to longer term positive impacts.

Health Inequalities: Peer Research into the role of communities (2020))

• children and young people want to be involved in decisions about the places they live.

National Planning Framework 4: Position Statement, Youth engagement Report (2021)

About empowering places:

• should have community groups, spaces and events that are noticeable and inviting for all people
• having people around including through clubs, groups and organisations helps people feel connected to the wider community.

Scotland 2045: fourth National Planning Framework – draft: society and equalities impact assessment (2021)

• recognised that certain factors disproportionately impact people due to a protected characteristic and considered that this would be reflected in the ECEG.

National Planning Framework 4 Position Statement analysis of responses (2021)

• points towards desire for improved engagement with children and young people
• comments included that there should be more of a focus of engagement in the planning system on children and young people, recognising statutory duties.

Draft National Planning Framework 4 analysis of responses (2022)

• points towards desire for improved engagement with children and young people.
• support expressed for the principle of promoting human rights and equality across the planning system, strengthening suggestions included:
  • change is required to ensure that planning decisions take better account of communities’ views by strengthening planning service resources and skills to deliver meaningful engagement
• other suggestions made in relation to the responsibility to consult and engage collaboratively, meaningfully, and proportionately within the planning system included:
  • calls for guidance including around approaches to engagement;
  • identification of key stakeholder groups
  • provision of examples of proportionality.
• young people, older people, those who are digitally excluded, women, those from more deprived communities, disabled people, racialised minorities, people with first languages that are not English, and people without time to read and respond to lengthy documents, were identified as groups likely to have difficulty engaging with planning system.

‘Hard to reach’ or ‘easy to ignore’? Promoting equality in community engagement – Evidence review | What Works Scotland (2017)

• language barriers, lack of confidence and dominant characters can discriminate against some people during community engagement specifically women, racialised minority groups, young and old people, and people with disabilities.

Gypsy/Travellers in Scotland - A Comprehensive Analysis of the 2011 Census (2015)

• English language skills for Gypsy/Travellers aged 3 and over were generally lower than for the population as a whole.

Child and adolescent health and wellbeing: evidence review (2018)

• participation in positive activities has been shown to improve psychological wellbeing, self-perception and self-esteem, and skills development
• volunteering also has wider benefits, strengthening community cohesion and public services, which in turn act as protective factors for young people's health and wellbeing.

Young people's participation in decision making: attitudes and perceptions (2020)

• around six in ten of young people surveyed (58%) agreed that adults were good at taking their views into account when making decisions that affect them. This was an increase from 2017, when 53% agreed.
• of note:
  • boys were more positive on both questions
  • older children, for example pupils in S6, were more negative
  • respondents with a mental or physical health condition were less positive.

Democracy matters to children (2019)

• ‘children’s paths to meaningful involvement in decision-making are currently limited and many children have limited or no experience of participation in democratic processes’
• a number of local issues were identified as ones which children wanted to have a say in – this included planning and the built environment
• there is some evidence of skills, confidence and disenfranchisement being barriers to young people’s engagement, as well as issues around working through gatekeepers, organisations, and the location of organisations.

National Performance Framework - disability perspective: analysis (2021)

• fewer disabled young people agreed that adults were good at taking their views into account than non-disabled young people in 2019 (54% vs 62%).

Girls’ Attitudes Survey 2023

• girls and young women are increasingly making their voice heard about issues (76% in 2023, 61% in 2018).

Young Gypsy/Travellers Discuss the United Nations Convention on the Rights of the Child - Children and Young People’s Evidence Bank (2018)

• recommendations for change include that there should be more opportunities for young Gypsy/Travellers to take part in decision making and have their voices heard
• recommendations of young people with regards to the Concluding Observations published in 2016, and the issues which they feel continue to impact upon their lives, and those of their families, friends, and communities, include:
  • “We should be consulted about where sites should be”
  • “We should be part of the planning process to allow us to say what type of sites and facilities we want”
  • “There should be more opportunities for us to take part in decision making and have our voices heard”.

Scot Youth and COVID 2: Young People’s Participation Through Crisis - The Children and Young People's Commissioner Scotland (2021)

• a commitment to better and more meaningful engagement between Government and children and young people is sought.

Evidence from Stakeholders

In the development of the approach the Scottish Government’s Community Engagement Working Group were asked whether they had thoughts on the range of individuals, groups, and organisations beyond those listed in planning legislation who could be referenced in the draft guidance. Responses included that reference to women and girls specifically as well as families with young children could be considered. These references were included in the consultation draft guidance and have been retained in the finalised guidance.

Discussions were held with two equalities organisations who focused on the EQIA. Discussions with a children’s representative organisation, an architectural practice and a charity raised points about children directly. Although, due to timing of the consultation, a specific question was not included about children’s rights under the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024, one organisation found it positive that children and young people were included in the guidance, and that the inclusion responded to the UN Convention of the Right of the Child, Article 12. Another organisation however felt that children and young people were relatively unheard. A third organisation noted the importance of hearing directly from children and not only through those responsible for them. The equalities organisations identified issues and barriers for lesser heard groups more broadly.

The draft guidance and partial CRWIA were subject to consultation in 2023. There were three questions within the consultation of particular relevance to the impact assessments.

Question 6 - Do you have any views about the initial conclusions of the impact assessments that accompany and inform this guidance? Responses:

• one suggestion that the Children’s Rights and Wellbeing Impact Assessment references the benefits of greenspace for children.

Question 7 - Thinking about the potential impacts of the guidance – will these help to advance equality of opportunity, eliminate unlawful discrimination, and foster good community relations, in particular for people with protected characteristics? Responses:

• issues for children and young people did not feature strongly although it was felt that engagement should include a broad range of people, including young people
• the guidance could be presented more clearly, including in the language used.

Question 8 - Do you have evidence that can further inform the impact assessments that accompany this guidance, in particular in relation to the impact of the guidance on people with protected characteristics, businesses and costs to businesses? Responses:

• the ‘Girls’ Attitudes Survey 2023’, and ‘Young People’s Participation in Decision Making: UK 2022 Survey Report’ were identified as sources of further information.

Feedback from Children and Young People

The consultation was targeted towards young people through the Scottish Youth Parliament. The Scottish Children’s Parliament were also made aware of the consultation and invited to engage.

Planning, Architecture and Regeneration Division commissioned engagement activity with young people through the Scottish Youth Parliament on the theme of “Engaging Locally to be Active Globally”.

A workshop, designed by the Scottish Youth Parliament in consultation with two Members of the Scottish Youth Parliament and Scottish Government, was held with some Members of the Scottish Youth Parliament, representing their constituents on 11 December 2023. Workshop participants were asked to:

• share views on the barriers and opportunities for engaging with planning in their local area
• rate how the levels of engagement would make them feel in terms of being part of the process, influential, and valued
• discuss whether the levels of engagement were useful for young people’s understanding of planning, how to be involved and whether that understanding would increase desire to be involved.

A national #WhatsYourTake survey was run by Scottish Youth Parliament from 29 November to 20 December 2023 and included two questions relevant to the ECEG:

• Q13 What are the things that help you or stop you from taking part in making a LDP or in decisions about changes in your area? Multiple choice answers provided:
  • I have knowledge of the planning system
  • I have knowledge about what LDPs are
  • I have knowledge about when or how I can take part in making an LDP
  • I have knowledge of how to make my views known to the council
  • I can access the information about the LDP provided by the council
  • I believe my views will be taken seriously
  • I know/or am part of a group that talks about changes we want to see in the local area and the group makes it known to the council
  • the council has informed me when they will consult with children and young people in making the LDP.
• Q14 If you were informed of when and how you could take part in making a LDP and the possible impact of your input, would this help you feel like… multiple choice answers provided:
  • there will be opportunities to be involved
  • my views will be taken seriously when provided at the right time;
  • I understand the planning process better
  • I can take part.

Of the 191 responses to the survey, Q13 received between 147 and 149 responses to the 8 individual multiple choice answers. For Q14, 131 responses were received.

The survey indicated over half of the respondents to Question 13 raised lack of knowledge about the planning system and LDP, including how or when to engage in its preparation, stops them engaging. Over half also felt they had not been informed about when the council would be engaging with children and young people as part of making the LDP. Around half were not part of or didn’t know about groups that discuss changes in the local area. Of those survey respondents 41% didn’t know how to make views known to the council and well over a third didn’t feel they could access, or were unsure about how to access, LDP information provided by the council.

However, there is positivity among survey respondents to Question 14 because in the situation where they were informed about how they could participate and the potential impact of that involvement, over 40% said they could take part and would understand the planning process better. Around half felt their views would be taken seriously if provided at the right time, and 60% felt there would be opportunities for them to be involved.

The workshop noted desire for engagement of young people at all stages of the development cycle, and for young people to be treated as equals. Comments were made about the individual levels of engagement, generally positively. Although the framework provided was thought useful if it creates change, it was felt that the presentation and language could be improved to assist understanding. The collaborate level was the one where most positive reaction was given in terms of the group feeling part of the process. Implementation examples were sought as was clarity on the intended audience. It was felt that engagement targeted at specific groups should be designed for them with a focus on outcomes for that group from the proposals.

Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed.

The guidance is about levels of engagement in making LDPs. Primary relevant issues include who is to be engaged and barriers to engagement. Broader aspects relate to health and wellbeing.

The consultation was targeted towards young people through the Scottish Youth Parliament. The Scottish Children’s Parliament were also made aware of the consultation and invited to engage.

It is not considered that there are significant evidence gaps given that evidence has been identified about the aspects key and broader issues related to the guidance. Importantly the evidence suggests there is desire for children and young people to be involved in decision making, and the guidance in finalised form supports that outcome.

Although it has not been possible to hear from parents with young families, evidence has been heard directly from young people. Evidence has also been received in response to consultation questions relating to the partial impact assessments which has reinforced the data bank informing this assessment, in particular for young people in decision making and barriers to engagement.