Respect for All Review Working Group Minutes: March 2024

Attendees and apologies

• Support and Wellbeing Unit, Scottish Government (chair)
• NASUWT
• respectme
• Educational Institute of Scotland (EIS)
• School Leaders Scotland (SLS)
• National Parent Forum of Scotland (NPFS)
• Scottish Secondary Teachers' Association (SSTA)
• Equality and Human Rights Commission (EHRC)
• Support and Wellbeing Unit, Scottish Government (secretariat)

Apologies

• Police Scotland
• ASPEP
• Scottish Youth Parliament (SYP)
• Education Scotland
• National Society for the Prevention of Cruelty to Children (NSPCC)
• Convention of Scottish Local Authorities (COSLA)
• Association of Headteachers and Deputes Scotland (AHDS)

Items and actions

Welcome and apologies

The chair welcomed attendees and apologies were noted.

Minutes from previous meeting and actions

The minutes from the meeting held on 7 February 2024 were attached with the papers. The chair provided an update on the actions discussed at the previous meeting.

The EHRC requested that further detail around the Equality and Human Rights Monitor resource they shared was added to the previous minutes.

Action: SG to add detail on the EHRC Monitor resource to the previous minutes.

Members were otherwise content to agree the minutes.

Action: SG to publish minutes from previous meeting on webpage prior to the next meeting.

Update on Respect for All subgroups

The chair provided an overview of each of the subgroups and agreed to circulate minutes from subgroups to members. The chair highlighted the subgroup discussions had been constructive and helpful suggestions had been made on relevant sections within the guidance.

Action: SG to circulate minutes from subgroups to members once cleared.

Definition of bullying – paper 1

The chair provided an overview of the updated proposed definition of bullying and asked members for reflections. Some points raised were:

• ‘Takes place in the context of imbalanced relationships’ sentence to be removed. Can be pulled out further below if required.
• The shorter the definition the better for ease of understanding.
• Change “bullying is face to face or online” to “bullying can be face to face and/or online”
• Bullet regarding “schools may investigate any incidents outside of school” – needs something at the end of it to make clear the onus isn’t on schools.
• Add “alleged” to “schools may investigate any incidents outside of school “
• Helpful to share the information from the Online Bullying sub-group around the legality which will be helpful in shaping the overall document.
• Define what bullying is not (some of this has come out in the subgroups) e.g. assault, hate crime etc.
• A graphic may be a more ad hoc way of presenting this information in the list of ”What this behaviour can include”
• The list is helpful to practitioners and parents to cross reference in terms of what is happening to their child and to reassure what is actually bullying.
• Suggestion to include the voice of young people in bubbles – include extracts from engagements.
• Look at the link between these behaviours and children’s rights.
• How do we make the distinction clearer between bullying and more serious physical assaults/violence?
• Need to be clear that bullying does not have a legal definition. Cross overs between bullying, assault and hate crime – can we set out an infographic to present this information?
• Include legal definition of assault and hate crime
• Would it be helpful to include the word jostling?

Action: SG to update definition of bullying based on comments.

Purpose and vision changes – paper 2

The chair provided an overview of paper 2 which set out the purpose and vision sections from Respect for All. The chair highlighted at the meeting in December there were very little changes raised. However, members now have a further opportunity to provide any thoughts or feedback. Some points raised were:

• First section (bullet point under background) we could expand to include the impact of bullying as a trauma/adverse childhood experiences and how that is responded to. This could be included under the second bullet (or with childhood development) within the background.
• Under principles we need to include reference to non-Equality Act prejudices (for example, under the socio-economic duty and under the Promise)
• UNCRC reference to be added to page 4 (legal and policy framework). This could be included into the second bullet point near Children’s rights being paramount.
• Include reference to the Communications Act 2003 and intending to cause anxiety and distress.

Action: SG to make suggested changes to the purpose and vision sections.

Prejudice-based bullying changes – paper 3

The chair provided an overview of this section and asked members for comments. Some feedback raised was:

• Top of page 2 talks about intersectionality which lists factors but does not include sex.
• Appendix 2 talks about the Equality Act 2010, we could list the characteristics which can be found on the Equality and Human Rights Commission website. Keep separate from other prejudices.
• Gypsy travellers is not a protected characteristic. This should be covered under race.
• First section not entirely clear on bullying policies not being discriminating. Schools have to ensure their policies aren’t discriminatory as well as application isn’t discriminatory.
• Being bullied on the basis of misidentification was only covered in LGBT but should be made clear this could apply to other protected characteristics.
• Set out explicitly why age is exempt from schools. Make statement that Equality Act 2010 does not protect students from discrimination based on age in education settings.
• Need to ensure distinction between ASN and disability.

Action: SG to make changes and share with Prejudice-based Bullying Subgroup for comment.

AOB

The chair confirmed the next meeting would take place at 14:00 on Thursday 9 May and highlighted comments and feedback will be taken and members will be provided with an update at the next meeting.

No other business was raised.