Paul Young Wherever I Lay

[Ozella Vires]

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The four UK Children's Commissioners marked the mid-termpoint in the UN Committee's current reporting cycle with thepublication of a report offering their views on the progress thefour UK administrations are making in relation to theUN Convention on the Rights of the Child.

Alongside Together Scotland's 'State of Children's Rights'report, the Commissioners' mid-term report provides a usefulindependent analysis of the progress being made across the four UK administrations to further the realisation ofchildren's rights. Scottish Ministers are committed to respondingpositively to the recommendations set out in the report whereverpossible, and given the powers available to them. Thoserecommendations focus on five key areas:

The Scottish Government is committed to ensuring that children'svoices are heard whenever decisions are being taken which affectthem. In order to make this a reality, we intend to includeprovisions in our planned Children and Young People Bill to embedthe GIRFEC approach, which puts children and youngpeople at the heart of decisions that affect them. A consultationpaper setting out our proposals for the Bill is due to be publishedsoon.

We know that some children will need support if they are toparticipate in the decisions which affect them and that advocacy isone of the key ways to achieve this. We have recently completed anational consultation on a set of proposed principles and minimumstandards to be applied whenever advocacy support is being given toa child or young person. Further information on our approach can befound under priority action area 6 in this report.

The Scottish Government takes a 'social model' approach todisability, focussed on breaking down barriers to participation andinclusion in society. That is why in February 2011 we published the'National Review of Services for Disabled Children'. This includesan action plan to ensure services and policies are more inclusiveof, and suitable for, the needs of disabled children and youngpeople. The Review Group is currently advising on and overseeingthe implementation of the Review, and a progress report will bepublished in summer 2012.

Engaging, involving and working with disabled children and youngpeople is crucial to the effective development of policies andservices. As part of the National Review, the Scottish Government,in conjunction with partner organisations, has undertaken aconsultation with a range of disabled children and young people,and will use the results of this consultation to inform futurepolicy development. We are also currently considering how to ensurethe views of all children and young people are considered whendeveloping policy and services, and what are the best ways tocapture their views.

The Scottish Government is doing all it can to tackle povertyand inequality in Scotland, within the powers and resourcesavailable. Progressive reform of the welfare system, which remainsreserved to the UK Government, is critical to doing this.

Our approach is to use our devolved powers in areas like health,education, housing and employability to address the long-termdrivers of poverty. We do this by stimulating the economy andfocussing on early intervention and prevention to invest in, andsupport, deprived, vulnerable children and their families.

A wide range of funding streams across the Scottish Governmentcontribute to poverty reduction. Equally Well (2008) made estimates of resource allocationto tackling health inequalities. Within that, spending focussed onpoverty and employment was estimated as:

We are also strongly supportive of the Young Person's Project,by the Legal Services Agency and funded by the Paul HamlynFoundation to provide legal advice to refugee and migrant childrenand young people (up to age 25) across Scotland.

This project, unique in its approach, offers advice on a rangeof issues, including immigration and asylum law, access toappropriate accommodation and support, and compensation. It alsooffers free second-tier advice and training to other organisationsand seeks to contribute positively to policy making on relevantissues.

Early and effective intervention - a way of diverting youngpeople from formal systems such as our children's hearing system -has now been introduced in 29 out of 32 local authorities acrossthe country.

In 2010, we increased the minimum age of prosecution, meaning itis no longer possible to prosecute a young person under age 12 incourt. The majority of children between the ages of 12 and 16 whocommit an offence will be referred to a children's hearing withprosecution in court being limited to grave offences. 16-17 yearolds who offend can be prosecuted in court or referred to achildren's hearing, depending on their status. Where prosecuted, asheriff may ask the advice of a children's hearing and, where thathearing agrees, may choose to have the case disposed of there.

We have taken steps to ensure that where offence grounds havebeen accepted or established at a children's hearing they are nolonger classed as convictions, effectively ending thecriminalisation of young people going through the children'shearing system. This approach also has the effect of limiting thenumber of offences that can be disclosed for employmentpurposes.

Work is ongoing with local authorities across Scotland toimplement our 'whole system approach' to preventing and reducingoffending amongst young people. That approach recognises that manyyoung people could and should be diverted from statutory measures,prosecution, custody and remand through early intervention andintensive support in the community. In line with the GIRFEC approach it also provides for streamlinedand consistent planning, assessment and decision making processesfor all young people under 18 who offend, ensuring they get theright help at the right time.

Under 16s can no longer be remanded or sentenced to the prisonestate in Scotland. The number of 16 to 21 year olds in the prisonestate has decreased for both remand and direct sentenced prisonersby 14 per cent and 17 per cent respectively over 2010-11.

More generally, the Commissioners felt that action was requiredto establish more robust structures and mechanisms for monitoringand reporting on our approach to the UNCRC in Scotland. Scottish Ministers want toensure that children's rights are a fundamental consideration inthe planning, development and review of policies, legislation andservices across the public sector. Through the upcomingconsultation on our proposed Children and Young People Bill, we areexploring with stakeholders how legislation might help us withthis.

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