Rented sector reform: child rights and wellbeing impact assessment

Assessing for compatibility against the UNCRC requirements

What impact does/will your relevant proposal have on children's rights

Articles where a positive impact has been identified

• Article 3 Best interests of the child
• Article 27 Adequate standard of living

Articles where a negative impact has been identified

• None

Articles where a neutral impact has been identified

• Article 1 Definition of the child
• Article 2 Non-discrimination
• Article 4 Implementation of the Convention
• Article 5 Parental guidance and a child's evolving capacities
• Article 6 Life, survival and development
• Article 7 Birth registration, name, nationality, care
• Article 8 Protection and preservation of identity
• Article 9 Separation from parents
• Article 10 Family reunification
• Article 11 Abduction and non-return of children
• Article 12 Respect for the views of the child
• Article 13 Freedom of expression
• Article 14 Freedom of thought, belief and religion
• Article 15 Freedom of association
• Article 16 Right to privacy
• Article 17 Access to information from the media
• Article 18 Parental responsibilities and state assistance
• Article 19 Protection from violence, abuse and neglect
• Article 20 Children unable to live with their family
• Article 21 Adoption
• Article 22 Refugee children
• Article 23 Children with a disability
• Article 24 Health and health services
• Article 25 Review of treatment in care
• Article 26 Social security
• Article 28 Right to education
• Article 29 Goals of education
• Article 30 Children from minority or indigenous groups
• Article 31 Leisure, play and culture
• Article 32 Child labour
• Article 33 Drug abuse
• Article 34 Sexual exploitation
• Article 35 Abduction, sale and trafficking
• Article 36 Other forms of exploitation
• Article 37 Inhumane treatment and detention
• Article 38 War and armed conflicts
• Article 39 Recovery from trauma and reintegration
• Article 40 Juvenile justice
• Article 41 Respect for higher national standards
• Article 42 Knowledge of rights

First optional protocol

• Article 4
• Article 5
• Article 6
• Article 7

Second Optional Protocol

• Article 1
• Article 2
• Article 3
• Article 4
• Article 6
• Article 7
• Article 8
• Article 9
• Article 10
• Article 11

Impact on children and young people

In relation to the UNCRC articles that you have ticked above, please explain how your relevant proposal will impact or currently impacts on individual or groups of children. Please give consideration to groups who may be considered at greatest risk of not having their right fulfilled.

Part 1, Chapters 1 & 2 - Powers for Scottish Ministers to introduce rent control areas

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the majority of the UNCRC articles listed above, with the exception of Article 27, Adequate standard of living, where we consider that there may be a positive impact.

Part 1, Chapter 3, Frequency of rent increase

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 1, Chapter 3, Capping of rent increases on referral or appeal

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 2, Evictions: duties to consider delay

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the majority of the UNCRC articles listed above, with the exception of Article 3, best interests of the child, where we consider that there may be a positive impact.

Part 2, Evictions: damages for unlawful eviction

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 3, Private residential tenancy: Keeping pets and Scottish Secure tenancies: Keeping pets

We consider that these proposals will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 3, Private residential tenancy: Making changes to let property

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 4, Unclaimed tenancy deposits

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 4, Ending Joint tenancies

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 4, Social landlords: delivery of notices etc.

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 4, Converting older tenancies

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above.

Part 5, Social landlords pre-action requirement where domestic abuse a factor

We consider that this proposal will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above, with the exception of Article 3, best interests of the child, where we consider that there may be a positive impact.

Negative Impact/Incompatibility

We did not identify any negative impacts with respect to the UNCRC articles considered above.

We did not identify any potential concerns regarding compatibility with the UNCRC requirements in relation to the proposed measures in the Bill.

Options for modification or mitigation of negative impact or incompatibility

We have not identified any potential concerns regarding negative impacts or compatibility with the UNCRC requirements in relation to the proposed measures in the Bill.

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

Part 1, Chapters 1 & 2 - Powers for Scottish Ministers to introduce rent control areas

We consider that the powers for Scottish Ministers to introduce rent control areas may have a positive impact with regard to Article 27, Adequate standard of living, as we consider that, in any areas where rent controls may be applied, these measures will support parents and others responsible for the child in their responsibility to supply the child with a standard of living adequate for their development.

Applying rent controls to stabilise rent levels and prevent steep rises between tenancies could allow children living in rented properties to benefit from a more stable living environment, as it reduces the risk of families having to move frequently due to unaffordable rent increases, as well as potentially leaving families with children with more disposable income to spend on necessities such as food, clothing, and educational resources for their children.

Part 2, Evictions: duties to consider delay

We consider the introduction of an additional duty on the Tribunal or Court to consider whether there should be a delay to the enforcement of an eviction order or decree may, due to the UNCRC (Incorporation) (Scotland) Act 2024 have a positive impact with regard to Article 3, Best interests of the child. While the Tribunal and Courts already have discretion to delay an eviction, measures in the Bill will ensure that they always consider (except in limited circumstances), whether it would be reasonable in the circumstances of the case to delay the enforcement of the eviction for a period of time. The Bill provisions also sets out a number of factors that may be taken into account in deciding whether to order a delay to enforcement including where the timing of the eviction would:

• cause the tenant or a member of the tenant's household to experience financial hardship;
• have a detrimental effect on the health of the tenant or a member of the tenant's household, or
• otherwise have another detrimental effect on the tenant or a member of the tenant's household due to the tenant or the member of the tenant's household having a disability.

The new duty may be of particular benefit to children who may be particularly negatively impacted by an eviction and young people given they make up a larger proportion of those living in the private rented sector. For example, delaying the enforcement of an eviction to avoid exam periods for families with school age children, those in University/College or where more time is required to access suitable alternative accommodation.

Part 5, Social landlords pre-action requirement where domestic abuse a factor

We consider the introduction of a duty on social landlords to comply with a new pre-action requirement to take action to support a tenant where domestic abuse financial control is a factor in rent arrears by having regard to its domestic abuse policy, thereby preventing eviction action being taken in court, wherever possible, may have a positive impact with regard to Article 3, Best interests of the child. Social landlords will be required to confirm to the court that the new pre-action requirement has been complied with before an application for eviction action can be considered by the court in these cases.

The new duty may particularly support young tenants on lower incomes and households with children. Enabling tenants in rent arrears as a result of domestic abuse financial control to remain in their home, or be re-housed if that is their wish, and ensure rent arrears accrued because of domestic abuse are not a barrier to these households accessing social housing in the future will contribute to the overall health and wellbeing of the household, and may be particularly beneficial for the wellbeing of young people and children.

Post Assessment Review and sign-off

Communicating impact to children and young people

How will you communicate to children and young people the impact that the relevant proposal is having or will have on their rights?

It is recognised that the details of the proposed rented sector reforms will need to be communicated in a way which takes into account the differing needs of equality groups, including children and young people, as ensuring tenants are aware of their rights and responsibilities will be crucial to the effective implementation of these measures, and to supporting the delivery of better outcomes for people and communities in line with Scottish Ministers' commitments.

To this end, we will engage with organisations who support and work with children and young people to explore the most effective ways of communicating these changes, building on previous campaigns such as the New Digs campaign carried out with YoungScot to communicate information to young people about the changes brought about by the 2016 Act.

A child friendly CRWIA has not been published for this Bill.

Planning for the review of impact on child rights (Stage 3)

As part of the decision making process, plans for reviewing the impact on child rights need to be developed.

• How is the impact of the relevant proposal on child rights being monitored or how will it be monitored in the future?
• When will you review your CRWIA and complete Stage 3?

The Scottish Government anticipates working with stakeholders to develop a coordinated programme of monitoring and evaluation of the impact of rented sector reform alongside other measures in the Bill. This work is still in the early stages of development but will include monitoring the impact of the measures on child rights. There are several approaches to evaluation being considered as part of this programme including analysis of routinely collected internal data, learning from external data and research, and bespoke new research (which could include surveys and mixed methods research).

The CRWIA will be kept under regular review to support implementation of the measures in line with legal requirements, however, Stage 3 will be undertaken once the measures have become operational.

Compatibility sign off statement

This relevant proposal has been assessed against the UNCRC requirements and has been found to be compatible.

Deputy Director Signature & Date of Sign Off:

Alice Hall

Deputy Director Better Homes

21 July 2024