The latest UNCRC update

Statutory guidance for Part 3 has been published, addressing those with responsibilities in listed public authorities and providing information on creating child-friendly reports.

This week the UNCRC (Incorporation) (Scotland) Act 2024 – Part 3: statutory guidance was published. This guidance is for those with responsibilities within listed public authorities for implementing and delivering on the provisions of the United Nations Convention on the Rights of the Child (UNCRC) Act. It includes annexes with suggested reporting formats, information on inclusive communication and on producing child friendly reports.

By way of a recap, this statutory guidance is issued by Scottish Ministers to provide further information on Part 3 of the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (‘the UNCRC Act’ or ‘Act’). It fulfils Scottish Ministers’ duty under section 20 of the Act to issue guidance on the reporting duty of listed authorities under Part 3, section 18 of the Act.

This guidance must be read in conjunction with the legislation to which it relates. It is not intended as a substitute for direct reference to the Act itself and its explanatory notes. It should also be read in conjunction with the Part 2 guidance relating to the duties on public authorities under that part of the Act. Interpretation of the Act and its duties will ultimately be for the courts to decide in the event of any proceedings raised before them. If a listed authority is unclear on how to fulfil its section 18 duty, it should seek independent legal advice.

The Act received Royal Assent on 16^th January 2024. Section 20 commenced on 31^st January 2024 and the remainder of Part 3 of the Act came into force on 16^th July 2024.

You can read the Part 3 guidance here. 

Aim and scope of this guidance

This guidance is issued by Scottish Ministers on a statutory basis to promote understanding, implementation and operation of Part 3 of the Act. The guidance will be of assistance to anyone who wishes to use it for this purpose, and especially to authorities listed under section 19 of the Act.

The Scottish Government recognises the vital role that those providing public services play in delivering improved outcomes for children, young people and their communities. The full realisation of children’s rights requires proactivity on the part of all public services and not only those working with children and young people.

All decisions made in relation to the delivery of public services may impact on the rights of children and young people. It is important for all those undertaking public functions to consider children’s rights in their work. Consideration of children’s rights should be evident across all public service delivery. This guidance aims to provide meaningful support for this purpose to any organisation that is a ‘public authority’ as defined in sections 6(5), (6), (7) and (8) of the Act, and specifically those listed under section 19 of the Act.

How is the guidance to be used?

This guidance is intended to promote understanding of Part 3 of the Act, promote child rights respecting practice, and includes information to support listed authorities in working together in the implementation and operation of their duties. Listed authorities retain discretion on the implementation and operation of their duties under Part 3 of the Act, and may wish to consider this guidance in that regard.

How was the guidance developed?

This guidance was developed in consultation with representative public authorities, including those delivering public services, third sector organisations and children’s rights bodies. In addition, feedback from a 12-week public consultation including children and young people, the Scottish Human Rights Commission (SHRC) and the Children and Young People’s Commissioner Scotland (CYPCS), has informed the final version.

Overview of Part 3 of the Act

Part 3 of the Act sets out the following:

• Duties on Scottish Ministers to prepare and publish a Children’s Rights Scheme
• Duties on Scottish Ministers to produce Child Rights and Wellbeing Impact Assessments (CRWIAs), in certain circumstances
• Reporting duty of listed authorities (see section 4 of this guidance for detailed information)
• Reporting duty of the Scottish Parliament
• Amendments made to the Children and Young People (Scotland) Act 2014, including the repeal of the reporting duties under Part 1 (Rights of Children)

3.1 Children’s Rights Scheme

Section 14(1) of the Act places a duty on Scottish Ministers to make a Children’s Rights Scheme (‘the Scheme’).

The Scheme is an important part of the UNCRC Act, providing regular consideration and scrutiny of the steps which Ministers take to ensure that children’s rights are realised in practice, and deliver improved outcomes for all children in Scotland.

With the Scheme, the Scottish Government seeks firstly to promote a proactive culture of everyday accountability for children’s rights, and secondly to establish a transparent mechanism for further embedding children’s rights in decision-making by Ministers.

3.2 Child Rights and Wellbeing Impact Assessments

As set out in section 17 of the UNCRC Act, the Children’s Rights Scheme must include setting out the arrangements that are in place, or are to be put in place by Scottish Ministers, to prepare and publish CRWIAs (defined in section 17(1) of the Act) in certain circumstances.

There is no obligation within the Act on anyone other than Scottish Ministers to undertake CRWIAs, therefore, public authorities and any other bodies have discretion over whether they choose to do so as part of their child rights‑based practice. Further information and resources to support organisations wishing to undertake a CRWIA can be found in section 4.2.1 on decision-making in non-statutory guidance on taking a children’s human rights approach and in CRWIA guidance and templates.

3.3 Reporting duty of listed authorities

Section 18 of the UNCRC Act replaces section 2 of the Children and Young People (Scotland) Act 2014 with a new child rights reporting duty for listed authorities.

The required content of the reports is set out in section 18(1) of the Act. This requires a listed authority to publish, as soon as practicable after the end of each reporting period, a report every three years which addresses the following four areas:

1. Action taken during the reporting period to ensure compatibility with the UNCRC requirements as defined by the Act.
2. Action taken to secure better or further effect of children’s rights.
3. Actions it intends to take in the next three-year reporting period to ensure compatibility with the UNCRC requirements as defined by the Act.
4. Actions it intends to take to secure better or further effect of children’s rights.

Both the standard report and a child friendly adaptation must be published, and a copy of the report must be submitted to Scottish Ministers.

Section 19(1) of the Act details the listed authorities subject to the requirement to produce reports. Bodies who meet the definition of a public authority in sections 6(5), (6), (7) and (8) of the Act (please see Part 2 Guidance, section 3.2.1 for a definition of public authority under the Act) but are not listed in section 19 are not subject to reporting duties.

The Scottish Ministers may by regulations add a public authority or a description of public authorities, or remove or amend an entry for a listed authority in section 19(1). Scottish Ministers must consult the public authority or authorities concerned, and such other persons as they consider appropriate.

3.4 Reporting duty of the Scottish Parliament

Section 21 of the Act places a duty on the Scottish Parliamentary Corporate Body to publish a report that covers the actions taken by the Parliament and its committees during the period covered by the report, and the action they intend to take during the next period, to secure better or further effect of the rights of children.

The Scottish Parliamentary Corporate Body must publish its report in such a manner as it considers appropriate and the main report must be accompanied by a version of the report that children can understand.

3.5 Consequential amendments to the Children and Young People (Scotland) Act 2014

The Act repeals Part 1 (Rights of Children) and Schedule 1 of the Children and Young People (Scotland) Act 2014 that creates and defines reporting duties in relation to the UNCRC.

Public authorities listed in Schedule 1 of the 2014 Act still have a duty to complete outstanding reports for the periods 2017-20 and 2020-23 as per section 2. Further information on arrangements to transition reporting from the requirements in the 2014 Act to section 18 of the UNCRC Act can be found in section 5 of this guidance.

Read the guidance note here.