Disclosure (Scotland) Act 2020 - accredited body fees and discounting proposals: children's rights and wellbeing impact assessment

CRWIA Stage 2 – Assessment of Impact and Compatibility

1. What evidence have you used to inform your assessment? What does it tell you about the impact on children's rights?

This impact assessment considers the possible impact of the proposals made in the consultation on Disclosure Scotland's fee waivers and discounting on the rights of children. In doing so, we are considering official statistics and surveys, evidence from Disclosure Scotland's systems, past consultation and stakeholder engagement.

From 1 April 2025, Level 2 with PVG scheme membership disclosures will not be available to children aged under 16 years old. Any fees and fee discounting therefore only has a direct impact on children aged 16 and 17 years old.

Qualifying Voluntary Organisations (QVO) fee waiver and discounting

Disclosure Scotland's data indicates that 19% of PVG applications will be eligible as QVO volunteer applications. Forecasting indicates annually this accounts for 311,027 applications. No more than 15,000 are estimated to be from 16 and 17 year olds.

Volunteer Scotland's Young People in Scotland Survey 2022, which intended to obtain more detailed analysis on youth volunteering than provided via the Scottish Household Survey, found 48% of 16 year olds had formally volunteered (against overall adult level of formal volunteering at 22% in the Scottish Household Survey 2022^[1]) and 68% of young people aged 17 or 18 had formally volunteered. Young people living in the least deprived areas had the highest formal youth participation rate (38%), while those living in the most deprived areas had the lowest formal youth participation rate (28%).

While youth engagement in volunteering generally is higher than other groups, we do not see a significantly higher proportion engaged in regulated roles than other age groups.

There is limited-to-no evidence looking at whether a fee on PVG scheme membership would affect youth volunteering. Volunteer Scotland's research did indicate 7% of existing formal volunteers would undertake more volunteering if they "knew [they] would be fully supported during [their] volunteering" but it is not clear whether this is on-the-job support or referring to, for example, travel or other expenses such as paying for disclosures. This evidence gap is similarly lacking for adult volunteers, a literature review undertaken in 2019 found there is less evidence and less quality evidence around barriers to volunteering compared to motivations. There is some evidence in the adult cohort that travel expenses for attending volunteering was a concern. Disclosure Scotland previously consulted on introducing a nominal fee for volunteers in QVOs in 2018. We received over 300 responses but no qualitative or quantitative evidence covering this aspect was provided.

People in receipt of certain benefits

In most cases, a person must be 18 years old or over to claim Universal Credit. They may be able to claim Universal Credit when they are 16 or 17 years old if they:

• do not have parental support and are not under the care of a local authority
• are the carer of a disabled person
• are the main carer of a child
• have a child with a partner who can get Universal Credit
• are pregnant and will have their baby in 11 weeks or less, or
• have limited capability to work due to health.

As would be expected, the Scottish Household Survey 2022 found households relying mainly on benefits were the most likely to say they were not managing well financially (17%), compared to households relying on earnings (7%)^[2]. There is little evidence related to 16 and 17 year olds, however, there is an indirect impact on children in relation to this proposal. Benefits such as Universal Credit are often insufficient to keep children out of poverty, even when their parents are also in work^[3]. Evidence has shown a correlation between the roll-out of Universal Credit and increased homelessness^[4] and demand for food banks^[5].

Official statistics are not available on how many 16 and 17 year olds are in receipt of benefits across Scotland. However, it is anticipated from national statistics on benefits uptake and Disclosure Scotland's application levels that 149,617 scheme members could be eligible for discounting based on being in receipt of certain benefits across the working age population. The upper estimate of applications from 16 and 17 year olds who may be eligible for this proposal is 9,500 applicants. Work is ongoing with statistical partners to increase confidence in eligibility figures.

Care experienced young people

In Scotland, the average age for leaving care is between 16 and 18 years old, but the average age for leaving home is 25. Care-experienced young people are less likely to have familial financial support in accessing education and employment opportunities. Corporate Parents in Scotland have a duty to take action to support care-experienced children and young people in accessing services and opportunities.

Scottish Government research has found that young people who were looked after are consistently less likely than school leavers generally to be in positive destinations^[6]one year after leaving school. Over the last ten years, the proportion of leavers looked after within the year who were in a positive destination after leaving school has increased. However, in 2021/22 looked after leavers continue to be less likely to be in a positive destination (70.4% after nine months), particularly Higher Education, than all school leavers (93.5% after nine months).

Additional costs to access employment or training opportunities can be a significant barrier to already disadvantaged groups in seeking and obtaining work. There are other initiatives in place designed to address economic concerns faced by care leavers. These include:

• a council tax exemption which provides a dwelling occupied by one or more care leavers, or a care leaver sharing with one or more students (or other specified persons), are exempt from Council Tax
• a Student Awards Agency Scotland Care Experienced Bursary which provides a £9,000 non-repayable bursary to any individual who was looked after by their local authority in any capacity before the age of 18.

Policy colleagues within the Scottish Government directed Disclosure Scotland to the work that has been done in relation to the Council Tax Exemption and the Student Awards Agency Scotland (SAAS) Care Experience Bursary. This included sharing feedback on the issues care-experienced people have experienced in evidencing their eligibility for waivers or bursaries offered by public sector bodies. Disclosure Scotland is keen to ensure any proposal and the implementation of any operational process is as simple as possible and reduces the need for people to duplicate work to evidence their care experience. Best practice advice on supporting the implementation of the Council Tax Exemption from CELCIS (Centre for Excellence for Children's Care and Protection) has also been shared.

Disclosure Scotland has spoken with colleagues in SAAS about their Care Experience Bursary and work undertaken with children, young people and their advocates to improve the provision of this service. Disclosure Scotland is considering the possibility aligning with SAAS eligibility to permit the use of a SAAS award letter as evidence of care experience.

Work between the Scottish Government and partners is ongoing to gather the views of care-experienced people on what is required for The Promise to be kept. This programme includes the 100 Days of Listening led by the Scottish Throughcare and Aftercare Forum (STAF) and work undertaken across the Scottish Government's Children and Families Directorate to engage on this priority work. Disclosure Scotland will continue to engage with colleagues to assess what further support can be provided.

Disclosure Scotland's initial analysis is that around 1400 care experienced young people (aged 16 to 25) would be eligible annually on the broader proposal, that would mirror the SAAS eligibility. Disclosure Scotland do not take equality information on disclosure applications. Therefore, we do not hold true figures on how many annual applications come from care leavers or care experienced people. Work is ongoing with statistical partners to increase confidence in eligibility figures.

2. Evidence from stakeholders/Policy Colleagues

Relevant content from evidence provided by colleagues, partners and stakeholders is set out above.

Qualifying Voluntary Organisations fee waiver and discounting

Volunteer Scotland have provided research and analysis on national volunteering in Scotland, those used to inform this and other impact assessments for this consultation are:

• Young People in Scotland Survey 2022 - Volunteer Scotland
• Youth Volunteering in Deprived Areas - Volunteer Scotland
• OSCR Charity Survey 2022 - Key Findings V2 - Volunteer Scotland
• Scottish Household Survey 2020 - Volunteer Scotland
• The Cost of Living and Wellbeing Crisis: Quarterly Bulletins - Volunteer Scotland

Scottish Government colleagues provided:

• 8. Volunteering - Scottish Household Survey 2022: Key Findings - gov.scot (www.gov.scot)
• Volunteering for All: national framework - literature review - gov.scot (www.gov.scot)
• Supporting documents - Volunteering action plan - gov.scot (www.gov.scot)
• SAAS Corporate Parenting Plan 2021

People in receipt of certain benefits

Statistics were shared by colleagues working on social security to assist in making estimates of uptake. The Scottish Household Survey 2022 also provided useful context. Evidence from Scottish Government colleagues, the Joseph Rowntree Foundation and The Trussell Trust on poverty was used to inform the broad development of these proposals. There is a gap in relation to 16 and 17 year olds who would directly be affected by any change in policy in this respect.

• 3. Finance - Scottish Household Survey 2022: Key Findings - gov.scot (www.gov.scot)
• Child poverty where parents are doing what the social security system expects of them | Joseph Rowntree Foundation (jrf.org.uk)
• Homelessness and Universal Credit: research report - gov.scot (www.gov.scot)
• Universal Credit and Foodbank Use - The Trussell Trust

Care experienced young people

Policy colleagues within the Scottish Government directed Disclosure Scotland to the work that has been done in relation to the Council Tax Exemption and the Student Awards Agency Scotland (SAAS) Care Experience Bursary. This included sharing feedback on the issues care-experienced people have experienced in evidencing their eligibility for waivers or bursaries offered by public sector bodies. Disclosure Scotland is keen to ensure any proposal and the implementation of any operational process is as simple as possible and reduces the need for people to duplicate work to evidence their care experience. Best practice advice on supporting the implementation of the Council Tax Exemption from CELCIS (Centre for Excellence for Children's Care and Protection) has also been shared.

Disclosure Scotland has spoken with colleagues in SAAS about their Care Experience Bursary and work undertaken with children, young people and their advocates to improve the provision of this service. Disclosure Scotland is considering the possibility aligning with SAAS eligibility to permit the use of a SAAS award letter as evidence of care experience.

3. Evidence from children and young people

We are seeking views from children and young people and children's rights and advocacy organisations through the formal consultation process on these proposals. Disclosure Scotland is arranging specific engagement events with stakeholders in this sector.

Analysis of the evidence

Using evidence detailed above, please answer the following questions on how this relevant proposal will impact children.

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

Qualifying Voluntary Organisations fee waiver and discounting

While Disclosure Scotland is consulting on a move to a fee discounting model, we recognise that this would introduce a new cost on voluntary organisations or their volunteers. The continuation of the existing fee waiver remains an option.

People in receipt of certain benefits

There has been limited influence on the development of this proposal from this impact assessment work. The primary change is for the general adult/working age population.

It is anticipated there will be an indirect positive impact on children cared for by people in receipt of these benefits as the intent is to support people on very low or no income when looking for work or applying for new roles that require Level 2 with PVG disclosure.

Care experienced young people

The original proposal was only looking at mirroring the eligibility for council tax exemptions, which applies to care leavers aged 18 and over. Discussions with colleagues in Children and Families and the Student Awards Agency Scotland (SAAS) led to the development of a second option which would include 16 and 17 year olds and broaden eligibility.

5. Assessing for compatibility against the UNCRC requirements

UNCRC Articles

Please click on the triangle to expand and collapse the text for a full definition of each article.

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, Neutral

Article 3 Best interests of the child, Positive

Article 4 Implementation of the Convention, Neutral

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, Positive

Article 21 Adoption, Neutral

Article 22 Refugee children, Neutral

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, Neutral

Article 29 Goals of education, Neutral

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

6. Impact on children and young people

Article 3: Best interests of the child

Article 20: Children unable to live with their family

Care experienced children are structurally disadvantaged when leaving school compared to non-care experienced peers. The Scottish Government has several measures in place to assist with the transition from care to adulthood. The proposal in relation to care experienced young people is intended to supplement these measures. Currently, care experienced young people can access support in completing their application with Disclosure Scotland but there is no financial support. Statutory fees are charged at the same level for all applicants, regardless of circumstances or background, except those volunteering with QVOs.

7. Negative Impact/Incompatibility

No negative impact has been identified in relation to UNCRC articles.

Children aged 16 and 17 may be negatively impacted by a move to a fee discount in relation to volunteering with QVOs where the organisation was not covering the discounted fee for them. Disclosure Scotland is seeking views from volunteer involved organisations and young volunteers working in regulated roles on what the change from a waiver to discount would mean for youth volunteers.

8. Options for modification or mitigation of negative impact or incompatibility

The retention of the current fee waiver in relation to volunteers in QVOs remains an option that would mitigate against changes for such volunteers, including 16 and 17 year olds.

9. Positive impact: Giving better or further effect to children's rights in Scotland

The proposals in relation to care experienced young people recognise the structural disadvantage faced by this group and make the process of applying for regulated roles, including both paid employment and where college or university courses require PVG scheme membership for learning placements, more affordable for this cohort.

10. Impact on Wellbeing: does or will the relevant proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.2)

Wellbeing indicator: Will there be an improvement in wellbeing in relation to each indicator? Yes/no.

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. No.

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.