The Social Security Information-sharing (Scotland) Amendment Regulations 2024: child rights and wellbeing impact assessment

CRWIA Stage 2 – Assessment of Impact and Compatibility

What evidence have you used to inform your assessment? What does it tell you about the impact on children’s rights?

This CRWIA has been partly informed by desk based research. The following sources were used throughout the impact assessment process including:

• National Records of Scotland Population Estimates (2021) ^[7]
• Social Security Scotland client diversity and equalities analysis (2021) ^[8]
• Child Disability Payment: high level statistics (2023) ^[9]
• Adult Support and Protection, Scotland Statistics (2019/20-2021/22) ^[10]
• Scottish Health Survey (2021) ^[11]

This impact assessment should be read in conjunction with the Business and Regulatory Impact Assessment (BRIA); Partial Island Community Impact Assessment (ICIA); Equality Impact Assessment (EQIA); and the Data Protection Impact Assessment (DPIA).

Social Security Scotland engages both directly and indirectly with a wide range of children and young people. As highlighted in the EQIA, people within this age range may have additional characteristics which increase the probability of vulnerability (and consequently the potential increased need for safeguarding) such as disability. The Social Security Information-sharing (Scotland) Amendment Regulations 2024 will afford children and young people with a better opportunity to develop and grow, free from abuse or harm. The following sections will outline, in more detail, the specific positive impacts.

Evidence from stakeholders/Policy Colleagues

The Social Security Information-sharing (Scotland) Amendment Regulations 2024 have been developed in contact with a range of internal stakeholders such as the Social Security Policy Directorate; Scottish Government Legal Directorate; Social Security Scotland Agency; Social Security Programme; DG for Health and Social Care, the Mental Health and Social Care Directorate (now known as the Directorate for Social Care and National Care Service Development), and Directorate for Children and Families.

Evidence from children and young people

A public consultation titled “Safeguarding Data Sharing” ran for 12 weeks between 25 March 2022 and 17 June 2022, and the analysis was published on 17 February 2023. ^[12]

Due to the impact of COVID-19, and the restrictions on face to face contact, stakeholder engagement events with children and young people were not possible. Instead, the consultation sought the opinions of stakeholders, by promoting it throughout the Social Security Scotland and Scottish Government social media pages. The Social Security Scotland Communications and National Engagement team promoted the consultation by referring to it in their regular newsletter, to which there are over 1,700 subscribers.

The purpose of the consultation was to gather views on the approach Social Security Scotland should take to report certain circumstances to a Local Authority where it becomes apparent that an individual may be at risk of harm.

The consultation asked 6 direct questions, in addition to open-ended questions which aimed to allow participants to provide in-depth answers, specific to their own circumstances.

Respondents were broadly supportive of the proposed measure, with no responses indicating that there would be any different impact on people below the age of 18. Where feedback did flag concerns, it was primarily because the individuals or organisations felt Social Security Scotland should be able to share data with a wider range of stakeholders, in addition to Local Authorities.

Feedback from the consultation also highlighted several important considerations, which has influenced the design of the Social Security Information-sharing (Scotland) Amendment Regulations 2024. Some responses noted that data shared must be proportionate to the level of risk, and, the officials within Social Security Scotland must be adequately trained to achieve this crucial balance. This important point will be implemented, and further expanded upon in impact assessments relating to the operational practices.

Analysis of the evidence

How have the findings outlined in questions 1-3 influenced the development of the relevant proposal?

The findings re-emphasised the importance of these regulations and the positive impact they will have. The consultation also highlighted the importance of data only being shared when it is proportionate to the level of risk.

Assessing for compatibility against the UNCRC requirements

Complete the below matrix, placing a tick against each article which is relevant to your existing legislation or decision or relevant proposal. Further on in the form you will be able to explain these answers in more detail.

UNCRC Articles

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

Positive:

• Article 2 – Non discrimination
• Article 3 – Best interests of the child
• Article 6 – Life, survival and development
• Article 19 – Protection from abuse, violence and neglect
• Article 23 – Children with a disability
• Article 26 – Social security

Negative: not applicable

Neutral:

• Article 1 – Definition of the child
• Article 4 – Implementation of the Convention
• Article 5 – Parental guidance and a child’s evolving capacities
• 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 20 – Children unable to live with their family
• Article 21 – Adoption
• Article 22 – Refugee children
• Article 24 – Health and health services
• Article 25 – Review of treatment in care
• Article 27 – Adequate standard of living
• 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

Positive: not applicable

Negative: not applicable

Neutral:

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

Second optional protocol

Positive: not applicable

Negative: not applicable

Neutral:

• 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

The impact of the Social Security Information-sharing (Scotland) Amendment Regulations 2024 are expected to be broadly positive particularly relating to Article 2,3,6,19,23 and 26. This is expanded upon in question 9.

Negative Impact/Incompatibility

The Scottish Government does not consider there to be any negative impact on the rights of children and young people. This will continue to be reviewed.

Options for modification or mitigation of negative impact or incompatibility

Not applicable.

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

Article 2 - Non-discrimination

The Social Security Information-sharing (Scotland) Amendment Regulations 2024 will not discriminate against any child or young person. Where a risk of harm is identified, and the sharing of data is found to be proportionate and necessary, no protected characteristic will influence the decision in such a way which causes a discriminatory impact. As such, the Scottish Government expects this proposal to be positive in advancing this article of the UNCRC. Moreover, in arriving at this expectation a full EQIA was completed.

Article 3 - Best interests of the child

The introduction of the Social Security Information-sharing (Scotland) Amendment Regulations 2024 ensure that Social Security Scotland can further serve the best interests of children and young people. The proposal will ensure that data can be shared where a potential risk of abuse is identified. The Scottish Government therefore expects this proposal to be positive in advancing this article of the UNCRC.

Article 6 - Life, survival and development

The Scottish Government recognises that every child has the inherent right to life. In line with this, the proposal seeks to ensure that all children can flourish during their formative years, by raising potential concerns of harm to relevant authorities. The Scottish Government therefore expects this proposal to be positive in advancing Article 6 of the UNCRC.

Article 19 - Protection from all forms of violence

The Scottish Government has partly developed these regulations, to better “protect children from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment of exploitation, including sexual abuse”, as is quoted in this UNCRC article. Wherever a potential risk of harm is identified, which is not an immediate risk to life, Social Security Scotland will share data with relevant authorities for the purposes of safeguarding.

Article 23 – Children with a disability

Social Security Scotland interacts with people of all ages with disabilities. This is particularly the case since the introduction of Child Disability Payment for children under the age of 16, and Adult Disability Payment for young people over the age of 16. The Scottish Government recognises that all children should enjoy a full and decent life. This proposal introduces measures to better prevent potential harm. The Scottish Government therefore expects this proposal to be positive in advancing this article of the UNCRC.

Article 26 – Social security

The Scottish Government recognises that every child has the right to benefit from social security. This proposal seeks to ensure that this happens by safeguarding them against harm, for example, financial harm, which if occurs may prevent children from the full realisation and benefit of social security. The Scottish Government therefore expects this proposal to be positive in advancing this article of the UNCRC.

Impact on Wellbeing: does or will the relevant proposal contribute to the wellbeing of children and young people in Scotland?

Please answer yes or no to all of the wellbeing indicators that are relevant to your proposal.

Safe - Growing up in an environment where a child or young person feels secure, nurtured, listened to and enabled to develop to their full potential. This includes freedom from abuse or neglect. Yes

Healthy - Having the highest attainable standards of physical and mental health, access to suitable healthcare, and support in learning to make healthy and safe choices. Yes

Achieving - Being supported and guided in learning and in the development of skills, confidence and self-esteem, at home, in school and in the community. Yes

Nurtured - Growing, developing and being cared for in an environment which provides the physical and emotional security, compassion and warmth necessary for healthy growth and to develop resilience and a positive identity. Yes

Active - Having opportunities to take part in activities such as play, recreation and sport, which contribute to healthy growth and development, at home, in school and in the community. Yes

Respected - Being involved in and having their voices heard in decisions that affect their life, with support where appropriate. Yes

Responsible - Having opportunities and encouragement to play active and responsible roles at home, in school and in the community, and where necessary, having appropriate guidance and supervision. No

Included - Having help to overcome inequalities and being accepted as part of their family, school and community. No

Post Assessment Review and sign-off

Communicating impact to children and young people

Providing information to children and young people on how their rights will be impacted helps to ensure that policy making is transparent. An accessible version of this CRWIA will be published online.

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

As part of the normal decision making process, the implementation of the policy will be monitored by Social Security Scotland and Scottish Government officials. In line with the review of the Social Security Information-sharing (Scotland) Amendment Regulations 2024, this CRWIA will continue to be revisited, and where changes are identified as a result of its implementation, this document will be updated. Additionally, in relation to operational considerations relating to these regulations, further efforts will be made to capture the views of children and young people.

Compatibility sign off statement

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

Policy Lead Signature & Date of Sign Off:

Mark McAdam, Cross Cutting Policy Team Coordinator, 26 October 2023

Deputy Director Signature & Date of Sign Off:

Ian Davidson, 30 October 2023

SGLD Sign Off:

Yes X

No