The Scottish Government Response To 'A Scotland for Children: A Consultation on a Children and Young People Bill'

More Effective Rights for Children and Young People

The Scottish Government is committed to recognising, respecting and promoting the rights of children and young people in Scotland.

The consultation contained a number of legislative proposals intended to further this commitment. It proposed:

• A duty on Scottish Ministers to take appropriate steps to further the rights set out in the UNCRC;
• A duty on Scottish Ministers to promote and raise awareness of the rights of children and young people;
• A duty on Scottish Ministers and the wider public sector to report on the steps they have taken which further the rights set out in the UNCRC; and
• Extending the rights of Scotland's Commissioner for Children and Young People to undertake investigations on behalf of individual children and young people.

What You Said

The consultation analysis and informal feedback gathered indicated that the majority of stakeholders were supportive of the proposals. 70% of respondents agreed the legislative proposals would provide for improved scrutiny and transparency of the steps being taken by Scottish Ministers and relevant public bodies to ensure the progressive realisation of children's rights. They felt that the proposals would help raise awareness and provide a higher profile for children's rights, reflect UNCRC obligations, and promote a consistent approach across Scotland.

The consultation indicated consistent views on which public bodies should be required to undertake the reporting duty. 15% agreed with the list provided through the consultation (which was a list of all relevant public bodies working directly or indirectly with children and young people). 33% stated specifically that all public bodies who work directly or indirectly with children and young people should have the duty to apply to them. 7% of respondents felt that all agencies (statutory, voluntary and commercial) involved with children and young people should be included.

69% of respondents agreed with the proposal to extend the Children's Commissioner's role. They stated that, amongst other reasons: it was likely to be a child friendly means of redress; the Commissioner is viewed as independent; it would support implementation of the UNCRC; and it would be particularly appropriate for individual cases where the child has very complex needs.

The Scottish Government Response

Based on the positive consultation responses to these proposals, and the consistent views brought out through informal engagement, the Scottish Government will proceed with the inclusion of all of these provisions in the Bill.

In addition, feedback from the national engagement events and tailored engagement indicated a strong appetite from stakeholders for the duty to promote and raise awareness to be extended to 'awareness and understanding', and Scottish Ministers feel this is a welcome addition.

Therefore, the Bill will include the following:

Duties on Scottish Ministers to Take Appropriate Steps to Further, Promote and Raise Awareness and Understanding of the Rights of Children and Young People as set out in the UNCRC

This will comprise a duty on Scottish Ministers to (a)keep under consideration whether there are any steps they could take which would or might secure further effect in Scotland of the UNCRC requirements, and if they consider it appropriate to do so, to take any of the steps identified by that consideration

It will also include a duty on Scottish Ministers to promote public awareness and understanding of the rights of children.

This approach will future proof the Scottish Government's existing approach to implementation of the UNCRC. It does so by explicitly recognising the Scottish Ministers' responsibility to keep under consideration their approach to UNCRC implementation and to reflect the UNCRC in legislation, policy and practice where appropriate.

These provisions will help to raise further awareness and provide a higher profile for children's rights.

A Reporting Duty on Scottish Ministers and the Wider Public Sector

The Bill will place a duty on Scottish Ministers to lay a report before Parliament every 3 years on the steps they have taken to further those rights set out in the UNCRC. It will require the public bodies listed below to publish a report, again every 3 years and in a manner which they consider appropriate, setting out the steps they have taken to further the rights set out in the Convention.

These provisions will further improve transparency, scrutiny and accountability of the approach being taken by Scottish Ministers and the wider public sector to progress the realisation of children's rights.

Public Bodies

• Local authorities
• Children's Hearings Scotland
• Scottish Children's Reporter Administration
• Health boards
• Healthcare Improvement Scotland
• Scottish Qualifications Authority
• Skills Development Scotland
• Social Care and Social Work Improvement Scotland (Care Inspectorate)
• Scottish Social Services Council
• Scottish Sports Council
• Police
• Scottish Police Authority
• Scottish Fire and Rescue Service
• Scottish Legal Aid Board
• Mental Welfare Commission for Scotland
• Scottish Housing Regulator
• Bòrd na Gàidhlig
• Creative Scotland

Extension of Children's Commissioner Powers

The Bill will include provisions that extend the powers of Scotland's Commissioner for Children and Young People, enabling the investigation of whether a service provider has properly considered the rights, interests and views of an individual child when making decisions or taking actions affecting them. Upon conclusion of any investigation the Commissioner may lay a report before Parliament and can require a response to any recommendations made to service providers. This investigatory function will sit alongside, but should not duplicate, work of other existing investigatory bodies such as the Scottish Public Sector Ombudsman and the Care Inspectorate.