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Publication - Impact assessment

Setting the Table Guidance: Child Rights and Wellbeing Impact Assessment

Published
8 October 2024
From
Director for Children and Families
Directorate
Children and Families Directorate
Topic
Children and families, Health and social care
ISBN
9781836017110

This Children’s Rights and Wellbeing Impact Assessment (CRWIA) was undertaken to consider the potential impacts of updating the Setting the Table guidance document on the rights and wellbeing of all children aged 0-5 in ELC settings across Scotland.

View supporting documents Supporting documents

Child Rights and Wellbeing Impact Assessment Template

Introduction

1. Brief Summary

In October 2024, the Scottish Government will publish the revised Setting the Table – the nutritional and food standards for early years childcare providers in Scotland, a national guidance publication for food provision in early years childcare provision.

The aim of the guidance is to ensure that all children aged 0–5 in childcare settings across Scotland are offered meals, snacks and drinks that meet their nutritional requirements and that are conducive to good health. The guidance was originally published by NHS Health Scotland (now Public Health Scotland) in 2015 and updated in 2018 to reflect key policy and evidence changes. As a result of the expansion to 1,140 hours of funded ELC the need for a further update was identified. Following changes to the scientific evidence in nutritional guidance, a pause due to the COVID-19 pandemic, and further changes in scientific evidence including recommendations from the Scientific Advisory Committee on Nutrition (SACN) review on "Feeding young children aged 1 to 5 years”, a Scottish Government-led multi-partner working group was established to update the publication.

The updated guidance will also take account of Health and Social Care Standards: my support, my life which set out what people should expect when using health, social care or social work services in Scotland. These human rights-based standards should be considered by care providers when planning children’s care, including specific care standards that relate to eating and drinking.

The primary audience of the revised guidance is regulated Early Learning and Childcare (ELC) providers of babies and children from birth to 5 years who provide food (including snacks) and/or drinks. It will apply to a wide range of regulated providers, including local authority and private nurseries, family centres, childminders, playgroups and caterers who provide food for early years settings, regardless of the length of time that children are being cared for.

The updated guidance will also be of interest to non-regulated settings such as parent and toddler groups and play/activity groups who will be able to use the guidance when planning and providing food and drink for children, practitioners who have an interest in the health and welfare of young children e.g. NHS and social work staff who support families, a range of voluntary organisations working with families in community settings and delivering training to early years practitioners, and parents and carers who may use the document as a guide to give them insight into the importance of a healthy balanced diet for young children.

The updated guidance is aimed to be shorter, more concise and easier to follow, whilst providing readers with signposting to relevant sector guidance.

Type of proposal:

Decision of a strategic nature relating to the rights and wellbeing of children

Name the proposal, and describe its overall aims and intended purpose

Setting the Table: Guidance Update

Start date of proposal’s development

March 2022

Start date of CRWIA process

October 2023

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to children’s rights?

Setting the Table is the national guidance for food provision in early years childcare and all aspects of the policy affect all children aged 0–5 years in childcare settings across Scotland – where they attend ELC in either the funded, private or voluntary sectors and receive meals, snacks and drinks as part of their ELC day. The updated guidance will continue to positively impact children aged 0-5 in ELC childcare settings across Scotland, by supporting ELC providers and practitioners to ensure that all children in ELC settings across Scotland receive healthy and nutritious meals. snacks and drinks as part of their ELC day, in line with most up to date nutritional advice for this age group.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal.

This Children’s Rights and Wellbeing Impact Assessment (CRWIA) was undertaken to consider the potential impacts of updating the Setting the Table guidance document, including the revised nutritional standards and advice for practitioners, on the rights and wellbeing of all children aged 0-5 in funded and paid for ELC settings across Scotland. For funded ELC, this currently includes all 3 and 4 year olds and around a quarter of 2 year olds.

There are a number of data sources and research findings that have informed the development of this CRWIA. Whilst there is widespread recognition of the importance of early years exposure to food, the data and evidence on the provision of food in ELC settings is currently very limited. Instead, data and evidence on the benefits of early childhood education and care, the take-up of funded ELC, child poverty, food insecurity and health, and children’s views about food and food insecurity were considered.

A number of key sources informed the development of this CRWIA:

Consultation (Sense Check)

The Scottish Government re-established the Scottish Government led multi-partner working group in May 2022 (following a pause due to the COVID-19 pandemic) to coordinate the update to Setting the Table. Members of the multi-partner working group included Scottish Government, Public Health Scotland (PHS), Food Standards Scotland (FSS), Care Inspectorate (CI), Education Scotland (ES), National Day Nurseries Association (NDNA), Early Years Scotland (EYS), Scottish Childminding Association (SCMA), National Health Service (NHS), and Local Authority catering leads in Scotland. Scottish Government ensured membership representation from sector bodies with experience of providing services for children and families across Scotland.

A draft version of the revised Setting the Table guidance was completed in March 2024. A consultation (Sense Check) exercise, which ran between February and March 2024, sought a view on the draft document from key stakeholders of the multi-partner working group members leading on the update to the guidance document and from wider sector contacts with relevant expertise. A range of relevant Scottish Government policy leads, as well as the Chief Medical Officer, Deputy Chief Medical Officer with responsibility for Public Health, and Senior Medical Advisor for Paediatrics were also invited to provide feedback on the draft document.

To ensure that the views of children and young people are appropriately reflected in the considerations of this guidance review as well as the wider policy, the approach to direct engagement with children has been to utilise existing channels through inspectorates[1], [2] and work already undertaken by sector representative bodies, as well as through the analysis of existing evidence and research which captures the views and interests of children., as per Article 12 Respect for the views of the child of the UNCRC, ‘… the views of the child being given due weight in accordance with the age and maturity of the child.’ This updated guidance includes advice to ELC settings about approaches to engagement with and, the involvement of children and families in the menu planning process. Members of the multi-partner working group who maintain close working contact with providers and practitioners in ELC also considered sector needs as part of the guidance review.

This draft CRWIA, along with the (Fairer Scotland Duty Assessment (FSDA) and Equality Impact Assessment (EQIA), were also shared with organisational representatives from the multi-partner working group as part of the stakeholder engagement process.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed.

Whilst there is widespread recognition of the importance of early years exposure to food, the data and evidence on the provision of food in ELC settings is currently very limited. This includes data on the impact on children considered to be most at risk of not having their rights fulfilled e.g. children from minority ethnic groups and/or with alternative religions or belief systems, children from low socio-economic backgrounds or living in poverty, and children with ASN.

The Scottish Government will continue to work with sector bodies, partners and representatives in order to maintain an up-to-date understanding of the nutritional needs of all children aged 0-5 in ELC settings across Scotland, including those most likely at risk of not having their rights fulfilled, as above.

The Scottish Government is exploring a range of options for sourcing further data and feedback on the provision of a free healthy and nutritious meal as part of the funded ELC day.

5. Analysis of Evidence

The above evidence and research indicates that a healthy and nutritious diet supports young children to live healthy lifestyles, whilst also contributing to their early cognitive development, physical and mental well-being and positive outcomes in later life.

The evidence also outlines the potential negative impacts associated with food insecurity as a result of poverty, and the direct positive impact that a healthy and nutritious diet can provide for young children. The provision of healthy and nutritious meals, snacks and drinks as part of the ELC day, informed by the updated Setting the Table guidance, is therefore expected to continue to help alleviate this potential negative impact and maintain a positive impact on the rights of all children aged 0-5 across Scotland who are attending either funded or paid for ELC settings and receive healthy and nutritious meals, snacks and drinks as part of their ELC day.

Whilst it is expected that the updated Setting the Table will impact positively on the rights of all children aged 0-5 in ELC settings, the revised guidance, including specific advice on ‘Meeting the needs of all children’, is expected to impact more strongly on those children who are already considered at risk of not having their rights fulfilled e.g. children from minority ethnic groups and/or with alternative religions or belief systems, children from low socio-economic backgrounds.

6. What changes (if any) have been made to the proposal as a result of this assessment?

The findings outlined in questions 3 and 4 have informed the sourcing of external expertise to ensure that the updated Setting the Table meets the needs of all children aged 0-5 in funded or paid for ELC settings across Scotland, including those most at risk of not having their rights fulfilled e.g. children from minority ethnic groups and/or with alternative religions or belief systems, children from low socio-economic backgrounds or living in poverty, and children with ASN.

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

Positive: Yes

Negative: N/A

Neutral: N/A

No impact: N/A

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The findings outlined in question 5 indicate that a healthy and nutritious diet supports young children to live healthy lifestyles, whilst also contributing to their early cognitive development, physical and mental well-being and positive outcomes in later life.

Therefore, the relevant children’s rights that are expected to be impacted positively by the updated Setting the Table, including the revised nutritional advice and practical guidance, includes but are not limited to:

  • Article 2 (Non-discrimination)
  • Article 3 (Best interests of the child)
  • Article 18 (Parental responsibilities and state assistance)
  • Article 23 (Children with a disability)
  • Article 24 (Health and health services)
  • Article 27 (Adequate standard of living)

9. If a negative impact has been identified please describe below. Is there a risk this could potentially amount to an incompatibility?

No negative impacts on children’s rights have been identified as a result of the update to Setting the Table.

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Yes

All food and drinks, including snacks, provided in ELC settings across Scotland are required to meet the nutritional standards set out in the updated Setting the Table. The revised guidance will ensure that those meals and snacks are heathier by aligning them with the most up-to-date scientific evidence and advice on nutrition. This will ensure that the overall health and wellbeing of all children aged 0-5 in funded or paid for ELC settings across Scotland will be protected.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

The primary audience of the revised nutritional guidance document is providers and practitioners who provide services for children aged 0-5 in funded and paid for ELC settings across Scotland. This guidance aims to assist practitioners to provide meals that meet the nutritional needs of the children in their care.

A small package of support has been put in place to meet the needs of the sector in respect of the implementation of the updated guidance. This includes a Scottish Government led webinar addressing key elements of the updated guidance, and offering advice on the questions the sector might have following publication.

Post Assessment Review and sign-off

12. Planning for the review of impact on children’s rights and wellbeing

As part of the decision-making process, plans for reviewing the impact on children’s rights and wellbeing need to be developed:

  • How will the impact of the proposal on children’s rights and wellbeing be monitored?
  • When will you review and update the CRWIA if required?
  • 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?

As the guidance is already in place across the sector and is only receiving an update, monitoring and review will be proportionate. The Scottish Government intends to use existing communication channels and established sector governance structures to evaluate the performance of the implementation of the updated guidance document. Funded ELC settings will continue to be responsible for developing independent food policies for the provision of a free healthy and nutritious meal for all eligible children aged 0-5 as part of their ELC day.

The Scottish Government is exploring a range of options for sourcing further data and feedback on the provision of a free healthy and nutritious meal as part of the funded ELC day.

13. Sign off

Policy Lead Signature & Date of Sign Off: Demet Kirac Basta, Policy Manager for Food and ASN, Early Learning and Childcare Division, Children and Families Directorate, 25/08/2024

Deputy Director Signature & Date of Sign Off: Eleanor Passmore, Deputy Director, , Early Learning and Childcare Division, Children and Families Directorate, 26/08/2024

Contact

Email: elc@gov.scot

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