Coronavirus (Recovery and Reform) (Scotland) Bill: child rights and wellbeing impact assessment

6. How have you consulted with relevant stakeholders, including involving children and young people in the development of the policy/measure?

The Scottish Government held a full 12-week public consultation on the Bill between August and November 2021. The consultation paper, entitled "Covid Recovery: a consultation on public health, public services and justice system reforms", was publicised widely and the Scottish Government has published a full consultation analysis report, linked to from this Bill webpage.

Question 36 of the consultation paper referred to above concerned the CRWIA and was as follows:

Question 36: Child rights and wellbeing impact assessment

Yes I have comments on potential impacts

No

Unsure

I have no view

If you have selected "Yes" please write your comments below. It would be helpful if you could refer to topics of particular interest to you with their topic codes.

604 respondents offered free text responses to this question. Several issues were raised in responses to this question. Most frequently mentioned was the negative impact of Covid mitigation measures, including the closure of educational establishments and other wider lockdown restrictions, on children and young people's mental health, wellbeing, education and development. A full analysis of the responses to question 36 is included in the full consultation analysis report.

Additional information with regard to consultation for specific provisions can be found below.

Educational establishments etc.

As part of continued engagement and impact assessments throughout the pandemic,officials have engaged with key education stakeholders during all consultation periods, including representatives of:

• The Convention of Scottish Local Authorities;
• Association of Directors of Education in Scotland;
• The Society of Local Authority Lawyers and Administrators in Scotland;
• National Parent Forum for Scotland;
• Scottish Council of Independent Schools;
• Early Years Scotland;
• The National Day Nurseries Association;
• The Scottish Childminding Association;
• The Children's Parliament;
• OPFS;
• NPFS;
• Connect;
• Parenting Across Scotland;
• Children 1^st;
• The Children and Young People's Commissioner Scotland;
• Children in Scotland;
• Colleges Scotland;
• Universities Scotland.

Those discussions, particularly involving children and young people's rights organisations, gave key insights on the impact of the Covid pandemic on children and young people. Throughout that engagement, representative organisations have also been able to reflect views from their members on the impact of restrictions on settings and families.

The Scottish Government considers that while significant analysis of the impact of the Covid pandemic has already taken place, further work is needed to monitor the impact of the remainder of the pandemic and longer term impacts. Therefore, the Scottish Government should continue to monitor new evidence as it emerges to refine and enhance its analysis. This will provide the Scottish Government with evidence to inform future use of the powers.

The Advanced Learning and Science Directorate gave advance notice of the consultation for the Bill to Colleges Scotland and Universities Scotland. Universities Scotland subsequently provided a response to the public consultation for the Bill, while Colleges Scotland did not submit a consultation response. The Scottish Government engages regularly with representatives of both sectors and continues to do so.

As set out above, the discussions with key stakeholders, particularly involving children and young people's rights organisations, have provided key insights on the impact of the Covid pandemic on children and young people. The Scottish Government also commissioned research to record and reflect on how families with children under the age of 8 experienced the pandemic through the Children's Parliament.

The Scottish Government's Coronavirus (COVID-19): Advisory Sub-Group on Universities and Colleges met recently with the National Union of Students and other student representatives, during which they expressed concerns about recent Covid restrictions on the overall student population. These concerns are outlined at section 2 of this CRWIA.

School consultations

Scottish Government officials have engaged extensively with local authority representative groups throughout the Covid pandemic in relation to 2010 Act consultations and public meetings. Discussions have explored mitigations to provide local authorities with clarity about the expectations upon them and possible solutions. The Scottish Government discussed with individual local authorities how to take forward 2010 Act public meetings during the pandemic reflecting the position at the time regarding the pandemic and any relevant restrictions.

Discussions with local authority representative groups have also helped inform advice to Ministers and subsequent decisions to explore making the necessary changes to primary legislation to permit wholly virtual public meetings. During the consultation period, the Scottish Government also met with children's rights bodies who also provided valuable insights into the way in which, particularly those with disabilities, engage with virtual meetings/hearings, drawing on the experience of their organisations during the pandemic and wider research on the use of virtual hearings across society during the pandemic.

Bankruptcy: meaning of "qualified creditor" and "qualified creditors"

The Scottish Government has engaged with professionals and organisations directly affected by the measures in the Bill including money and debt advice organisations, creditor representatives, insolvency professionals and organisations including the Law Society of Scotland. These discussions have centred on whether the protections introduced are considered proportionate and strike the right balance between the interests of creditors and those facing issues with problem debt. The Scottish Government has not engaged directly with any children and young people in developing the policy. Experience has been drawn from professionals working with families who are struggling with debts.

Legal aid and advice: Claim for interim payment of fees and outlays

The Law Society of Scotland and the Faculty of Advocates, which have amongst their members numerous practitioners who specialises in children's law, have been consulted in the course of the development of this Bill. The Scottish Legal Aid Board, whose role includes ensuring access to legal aid across Scotland, were also consulted. No specific concerns were raised relating to children and young people in respect of this provision.

Mental health: removal of need for witnessing of signature of nominated person

In taking forward this policy the Scottish Government undertook engagement with relevant stakeholders which include members of the Scottish Government's Short Life Mental Health Legislation Commencement Consideration Group. This Group consists of the Mental Health Tribunal for Scotland, Social Work Scotland, Mental Welfare Commission, Scottish Courts and Tribunal Service and the Royal College of Psychiatrists who fully supported the need for this change.