www.crfr.ac.uk @crfrtweets

Children’s Rights and Wellbeing: Tensions in Scottish Policy

Kay Tisdall, Co-Director Centre for Research on Families and Relationships (CRFR) University of

Edinburgh

www.crfr.ac.uk @crfrtweets

CRFR’s aims• Produce high quality, collaborative and

inclusive research relevant to key issues in families and relationships.

• Act as a focal point, and promote and facilitate a network, for all those with an interest in research on families and relationships.

• Make research more accessible for use by policy makers, practitioners, research participants, academics and the wider public.

• Enhance the infrastructure to conduct research on families and relationships.

www.crfr.ac.uk @crfrtweets

• Population 5, 327,000 estimate mid 2013. 17% of population under the age of 16

• Devolved system of Government, Scottish Parliament 1999

• 32 local authorities• National Health Service• Children’s hearing system – for

children who offend and children in need of care and protection

• 1:5 children and young people live in poverty

• 4 top children’s rights issues for children and young people: Being safe and secure; Being treated fairly; Being respected; Being included

www.crfr.ac.uk @crfrtweets

It is the aspiration of the Scottish Government for Scotland to be the best place to grow up in. The objective of the Children & Young People (Scotland) Bill is to make real this ambition by putting children and young people at the heart of planning and delivery of services and ensuring their rights are respected across the public sector. (Scottish Parliament, 2013, p. 1)

https://www.youtube.com/watch?v=RryKz_7cZWs

www.crfr.ac.uk @crfrtweets

www.crfr.ac.uk @crfrtweets

Children & Young People (Scotland) Act 2014

In Part 1 … Scottish Ministers must:• keep under consideration whether there are any steps which

they could take which would or might secure better or further effect in Scotland of the UNCRC requirements; and

• if they consider it appropriate to do so, take any of the steps identified by that consideration. (S1(1))

A public authority will have a duty to report on what steps it has taken in the [3 year] period to secure better or further effect within its areas of responsibility of the UNCRC requirements. (S2(1))

www.crfr.ac.uk @crfrtweets

Children & Young People (Scotland) Act 2014

In Part 3 … • A local authority and the relevant health board to prepare a children’s

services plan for every three year period (S8). The plan seeks to ensure children’s services in the area: better safeguard, support and promote the wellbeing of children in the area; that action is taken to prevent needs arising and, if there are needs, to meet them at the earliest appropriate time; are more integrated from the recipients’ point of view; and make the best use of available resources. (paraphrased from S9(2)(a))

• The plan must be kept under review and must be implemented so far as reasonably practicable. (S12(1))

• After each one year period, a report must be published on what has been provided, how aims have been achieved and wellbeing outcomes. (S13(1))

www.crfr.ac.uk @crfrtweets

Children’s wellbeing• Preventive and asset-based? • Aspirational? Maximising

wellbeing• Can incorporate aspects of

children’s rights• Statistical development• Utilitarian?• Professional agenda?• Apolitical?

Children’s rights• UNCRC up to date and

flexible? • Address all issues important to

children? • Can incorporate aspects of

children’s wellbeing• Less investment in statistical

development• Protects minimum standards;

State accountability• Rights as political ‘trump

cards’

www.crfr.ac.uk @crfrtweets

It is the aspiration of the Scottish Government for Scotland to be the best place to grow up in. The objective of the Children & Young People (Scotland) Bill is to make real this ambition by putting children and young people at the heart of planning and delivery of services and ensuring their rights are respected across the public sector. (Scottish Parliament, 2013, p. 1)

www.crfr.ac.uk @crfrtweets

Related referencesDavis, J., Hill, L., Tisdall, K., Cairns, L. and McCausland, S. (2014) Social Justice, the Common Weal and Children and Young People in Scotland, Glasgow: The Jimmy Reid Foundation http://reidfoundation.org/portfolio/2295/Tisdall, E.K.M. and Hill, M. (2011) ‘Policy change under devolution: the prism of children’s policy’. Social Policy & Society 10(1), 29-40.Tisdall, E.K.M. (2013) ‘The potential for children’s rights in Scotland: Learning from the UNICEF UK report on legal implementation of the UNCRC in 12 countries’, Scottish Human Rights Journal Issue 60. Tisdall, E.K.M. and Davis, J.M. (forthcoming) ‘Children’s Rights and Wellbeing: tensions within the Children and Young People (Scotland) Act 2014’, in Smith, A.B. (Ed) Enhancing the Rights and Wellbeing of Children: Connecting Research, Policy and Practice. Basingstoke: Palgrave Macmillan.

For more information on children’s hearings: http://www.scra.gov.uk/home/index.cfm