UNCRC (Incorporation) (Scotland) Act 2024 - part 2 and 3 (section 18) - statutory guidance: consultation analysis

Conclusion

Overall, the draft guidance in relation to the UNCRC Act was welcomed, and was generally perceived as helpful. However, respondents highlighted several areas where it could be made more accessible and offer greater clarity for those it was intended to help.

Generally, respondents felt the guidance needed to be more concise and easier to use. Greater use of plain English and the inclusion of more visual information was preferred, while less jargon and removal/reduction of legal terminology was requested to make the guidance easier to understand. It was also suggested that the inclusion of more illustrative and worked examples, or case studies, would be helpful across the various sections of the guidance, and would support interpretation and understanding. In addition, respondents wanted further information and more clarity to be provided in several areas across the guidance, but in particular, they sought certainty around who and what was in and out of scope. Some respondents also called for the guidance to provide more practically applicable and prescriptive advice.

Concerns outwith the scope of the statutory guidance consultation, about public and listed authorities capacity, resourcing and funding were also common across the consultation feedback. Respondents felt that the new duties and requirements would place significant burdens on public/listed authorities which could be difficult to fully implement without additional support. There were concerns that the UNCRC Act could suffer from an implementation gap if sufficient funding are resources are not available.

The quantitative results were consistent with the common qualitative comments. Respondents perceived the definitions of ‘public authority’ and ‘functions of a public nature’ to be less clear than other sections; less than half of the respondents felt that they understood how to use the Compatibility Review Framework; and higher proportions of respondents indicated that guidance on both Part 2 and Part 3 was not presented in an accessible manner (albeit that Part 3 was viewed more favourably than Part 2 in this respect).

A child friendly version of the guidance was also said to be required, both to help children and young people and their supporters to understand their rights, the requirements on services, and how to seek redress where necessary, but also to act as an easy access version for practitioners. Children and young people also highlighted the importance of ensuring that they, their families, and other adult supporters are informed about their rights and the processes for ensuring these are upheld. They also expressed a strong desire to be consulted and engaged throughout the UNCRC Act child rights reporting process, and for all information and reporting to be made easily accessible.

Ultimately, the consultation generated a lot of useful and constructive feedback which has been used to redraft and finalise the guidance.