Children’s Rights and Wellbeing: Tensions in Scottish Policy Kay Tisdall, Co-Director Centre for Research on Families and Relationships (CRFR) University of Edinburgh

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.

Population 5, 327,000 estimate mid % of population under the age of 16 Devolved system of Government, Scottish Parliament 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

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)

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))

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))

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’

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)

Related references Davis, 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 Tisdall, E.K.M. and Hill, M. (2011) ‘Policy change under devolution: the prism of children’s policy’. Social Policy & Society 10(1), 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: