Local development plans – defining Gypsies and Travellers: interim impact assessments

Child Rights and Wellbeing Impact Assessment

Introduction

The Town and Country Planning (Scotland) Act, 1997, as amended by the Planning (Scotland) Act, 2019, sets out requirements for planning authorities to involve the Gypsy and Traveller community in the early stages of preparing Local Development Plans (LDP). This includes providing a summary of the action taken to meet Gypsy/Traveller accommodation needs and providing a statement on the steps taken to seeks views of the community, within the Evidence Report that will inform the preparation of the LDP. The Act refers that 'Gypsies and Travellers' has the meaning specified in regulations by the Scottish Ministers and requires that before making such regulations, Scottish Ministers must consult with such persons as they consider appropriate.

A consultation was carried out between December 2021 and March 2022 on proposed new regulations and guidance for LDPs. That consultation proposed to hold a separate consultation on a meaning of 'Gypsies and Travellers' to be specific in regulations. This was to enable targeted involvement of the Gypsy/Traveller community and for the explanation of the specific matters associated with the requirement to be set out. A statutory formal definition will be included within regulations for the specific planning purpose of preparing the Evidence Report.

This consultation aims to establish a definition of 'Gypsies and Travellers' to inform local authorities on who to consult in preparing the Evidence Report. By consulting members of the community and other relevant bodies, the desired outcome is an accurate and inclusive definition that enables the planning system to better support the needs of Gypsies and Travellers.

The Child's Rights and Wellbeing Impact Assessment (CRWIA) is used to identify, research, analyse and record the impact of proposed legislation on children's human rights and wellbeing. The impacts can be direct or indirect; short, medium or long-term; and positive, negative or neutral.

The public consultation will seek views on the proposed definition and seek views on this interim CRWIA. An interim Business and Regulatory Impact Assessment (BRIA), Equalities Impact Assessment (EQIA), Island Communities Impact Assessment (ICIA) and Fairer Scotland Duty Assessment have also been undertaken and will be consulted on.

1. Which articles of the UNCRC does this policy/measure impact on?

This interim impact assessment relates to the proposals for a definition for Gypsies and Travellers that will be part of secondary legislation on development planning.

This interim impact assessment considers how the proposals relates to the relevant Articles of the United Nations Convention on the Rights of the Child (UNCRC) in particular in relation to Articles;

2 – non discrimination. The Convention applies to every child without discrimination, whatever their ethnicity, gender, religion, language, abilities or any other status, whatever they think or say, whatever their family background.

3 – best interests of the child. The best interests of the child must be a top priority in all decisions and actions that affect children.

12 – respect for the views of the child. Every child has the right to express their views, feelings and wishes in all matters affecting them, and to have their views considered and taken seriously. This right applies at all times, for example during immigration proceedings, housing decisions or the child's day-to-day home life.

27 – adequate standard of living. Every child has the right to a standard of living that is good enough to meet their physical and social needs and support their development. Governments must help families who cannot afford to provide this

30 – children from minority or indigenous groups. Every child has the right to learn and use the language, customs and religion of their family, whether or not these are shared by the majority of the people in the country where they live.

It considers;

• any impacts the proposals may have on children in general and / or on any specific group or groups of children;
• how the proposal may contribute to the wellbeing of children and young people based on the relevant SHANARRI indicators;
• if the proposals better or further effect the implementation of the UNCRC in Scotland; and
• the evidence base used to inform the assessment.

We consider that of the eight wellbeing indicators (Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, Included (known by the acronym SHANARRI)), the legislation relates to:

• Included: Having help to overcome social, educational, physical and economic inequalities and being accepted as part of the community in which they live and learn.
• Respected: Given a voice and involved in the decisions that affect their wellbeing.
• Responsible: Taking an active role in their schools and community.

The results of this assessment demonstrate that there are likely to be no potentially negative impacts of the proposed definition. There are specific sections within the 2019 Act, and reiterated within the draft LDP guidance, which require children and young people to be actively engaged in the LDP preparation process and for their views to be listened to.

2. What impact will your policy/measure have on children's rights?

This interim CRWIA concludes that the proposed definition will have a positive impact on children's rights within the Gypsy/Traveller community.

3. Will there be different impacts on different groups of children and young people?

Due to the scope of this definition, the impact will solely apply to children and young people within the Gypsy/Traveller community.

4. If a negative impact is assessed for any area of rights or any group of children and young people, can you explain why this is necessary and proportionate? What options have you considered to modify the proposal, or mitigate the impact?

No negative impact is assessed.

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

The views of children and young people within the Gypsy/Traveller community indicate that they want to be involved in local decision making and be engaged with the planning process.

The needs of young Gypsies/Travellers are unique compared to the rest of the community, as opportunity to play, proximity to educational facilities and access to transport are key in their wellbeing and development. While this definition is to be used solely to inform planning local authorities about whose views to seek in preparing the Evidence Report, creating a comprehensive definition that can identify the whole community will allow young Gypsies/Travellers to put their needs forward so that Local Authorities.

The Evidence Report must include a statement on how the planning authority has sought particular stakeholders' views, including children and young people, and how these views are taken into account in the report (section 16B(4) of the 1997 Act).

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

Responses to the NPF4 Position Statement (2021) called for action to address inequality of opportunity to participate, with specific calls for a greater voice for children and young people and groups such as Gypsy/Travellers.

A public consultation was carried out between December 2021 and March 2022 on proposed new regulations and guidance for Local Development Plans. That consultation proposed to hold a separate consultation on a meaning of 'Gypsies and Travellers' to be specified in regulations. This was to enable targeted involvement of the Gypsy/Traveller community and for the explanation of the specific matters associated with the requirement to be set out. The proposal received positive responses, particularly from local authorities.

7. What evidence have you used to inform your assessment?

This assessment was informed by a range of sources, including government census data and third sector publications specialising in young Gypsy/Traveller views and experiences;

Article 12 – Young Gypsy/Travellers

Educational Institute of Scotland (EIS) Equality

Gypsy Travellers in Scotland - a resource for the media | Equality and Human Rights Commission (equalityhumanrights.com)

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

I Witness: The UNCRC in Scotland

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

8. How will the impact of the policy/measure be monitored?

Evidence gathered during the consultation will help inform the full CRWIA which will be completed when we finalise work on the definition for regulations.

9. How will you communicate to children and young people the impact of the policy/measure on their rights?

We will consider the comments received when finalising the definition of 'Gypsies and Travellers' within overall development planning regulations. We will then finalise the assessment in response to comments received and publish a revised assessment online with the finalised regulations and guidance.

10. Sign & Date

Sign off: Fiona Simpson

Job Title: Chief Planner