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07 EDUCATION, LEISURE AND CULTURAL ACTIVITIES

Articles: 3, 4, 12, 13, 23, 28, 29, 37

A) EDUCATION, INCLUDING VOCATIONAL TRAINING AND GUIDANCE

449 Education is compulsory and available free to all children aged 5-16. The aims and objectives of Articles 28 and 29 of the UNCRC are given full effect in Scotland. Recent legislation - the Standards in Scotland's Schools Act 2000 and the Education (Additional Support for Learning) (Scotland) Act 2004 are designed to ensure the quality and breadth of education provided and that all children receive the help and support they need in order to learn effectively.

Pre-school education

450 Ministers are committed to giving every child the best possible start in life and the provision of free pre-school education contributes to that aim. Research demonstrates that good quality pre-school education enhances all-round development in children. Disadvantaged children benefit significantly from good quality pre-school experiences.

451 Since 2002 the Executive has funded local authorities to meet a statutory duty to provide 12 1/ 2 hours a week of pre-school education to all 3 and 4 year olds whose parents wish it. Places can be delivered through local authorities' own settings (e.g. nursery classes and schools), through the private sector (e.g. private nurseries) and the voluntary sector (e.g. playgroups). The Executive has also funded a pilot of targeted nursery provision for 2 year olds from July 2006 in Glasgow, Dundee and North Ayrshire.

452 The table below shows the take-up of pre-school education.

TABLE 53 Percentage of children who attend pre-school education

Notes
From 2006, the published percentages of those eligible for pre-school education were calculated differently to the previous percentages which were calculated on the number of children aged 3 or 4 as at January in the given year. These new calculations were then applied back to 2001 because new commitments were introduced with previous years.
Revisions were made to population estimates back to 1999.
Children are counted once for each centre they are registered with.
Some percentages are over 100% due to children attending multiple centres and being counted once for each centre they are registered with.
Census dates differ over the years: 2000 was September 1999 and from 2001 this was in January of that year.
Source: Pre-school and daycare census, Scottish Executive.
Source: population figures based on GRO Scotland mid year estimates.

School education

453 Section 1 of the Standards in Scotland's Schools Act 2000 makes explicit the right of all children aged 5-16 to be provided with school education. Section 2 of the Act directly incorporates the UNCRC into Scots law by placing a duty on local authorities to ensure that that this education is "directed to the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential" (Article 29(1)(a)). It also requires local authorities to have regard to the views of the child when carrying out this duty.

454 The Education (Additional Support for Learning) (Scotland) Act 2004 places additional duties on local authorities and schools in Scotland to secure an appropriate education for all children. The 2004 Act provides for children to have their views taken into account in that process and in discussing, monitoring and evaluating their learning. It also makes the best interests of the child the paramount consideration in determining the support they need to help with their education.

455 The 2000 Act introduced the school improvement framework, including a duty on Ministers and local authorities to 'secure improvement in the quality of school education'. Fundamental to this are the 5 National Priorities in Education: Achievement and Attainment, Framework for Learning, Inclusion and Equality, Values and Citizenship and Learning for Life. The National Priorities set out the long term strategic direction for improvement in education - that improvement is not recognised merely through academic attainment, but encompasses the whole needs of the child and the whole life of the school.

456 In 2002 the Executive undertook an extensive consultation with people in Scotland, including children, on the state of school education through the National Debate on Education. In the debate, many people - pupils, parents, teachers, employers and others - said that they valued and wanted to keep many aspects of the current curriculum. Some also made compelling arguments for changes to ensure all children achieve successful outcomes and are equipped to contribute effectively to the Scottish economy and society, now and in the future. Responding to the debate the Executive established a Review Group to identify the purposes of education 3 to 18 and principles for the design of the curriculum. The Group was asked to take account of the National Debate, current research and international comparisons. A Curriculum for Excellence ( ACfE) was published in November 2004 as a starting point for a full review of the curriculum. It is fully in harmony with the National Priorities.

457 The aims of ACfE are to provide the opportunities for children to become successful learners, confident individuals, responsible citizens and effective contributors. It identifies: the values upon which the curriculum should be based; its purpose; the outcomes which children are expected to achieve; and the design principles which schools, teachers and other educators will use to implement the curriculum. Specifically, ACfE is designed to:

• remove over-crowding in the curriculum and make learning more enjoyable;
• better connect the various stages of the curriculum from ages 3 through to 18;
• achieve a better balance between 'academic' and 'vocational' subjects and include a wider range of experiences;
• equip children with the skills they will need in tomorrow's workforce;
• make sure that assessment and certification support learning; and
• allow more choice and personalisation to meet the needs of individual children.

458 The Executive is committed to increasing teacher numbers and to reducing class sizes and improving pupil:teacher ratios ( PTRs) in schools. PTRs act as an indicator of the total teaching resource per pupil. Though related to class-size, PTRs cannot be equated with this because teachers have non-contact time during the pupil day. The varying rates set out below reflect the additional resources that are required in remoter areas due to the number and size of schools. The table below sets out pupil teacher ratios by urban and rural areas.

TABLE 54 Pupil teacher ratios by location of school, as at September 2005

Source: Scottish Executive Education Department - ASU(schools)

Integrated Community Schools

459 The launch of the Integrated (then New) Community School ( ICS) initiative in 1998 recognised the need for an integrated approach by a range of services to meet the needs of children and promoted the development of multi-agency working in and around schools. Alongside this initiative and following the publication of For Scotland's Children in 2001, much has been done at both national and local level to improve planning and delivery of integrated children's services to improve the lives of children. In this context, it is no longer appropriate to think of ICS as a separate school-based initiative and the Executive's aim is to learn from the experience to mainstream approaches to integrated service provision.

Literacy and numeracy

460 The first of the 5 National Priorities in Education is to raise standards of educational attainment for all schools, especially in core skills of literacy and numeracy, and to achieve better levels in national measures of achievement including examination results. Fundamental to achieving this is the National Statement for Improving Attainment in Literacy and Numeracy published in 2002. This provided for the first time an overview of national guidance, resources and initiatives for improving literacy and numeracy skills across pre-school, primary and secondary education. The National Statement also set out future action including the appointment of national development officers for literacy and numeracy based in Learning and Teaching Scotland.

461 Since 2005, the Executive has used the results from the annual Scottish Survey of Achievement ( SSA), a sample-based survey of pupils' attainment in the Scottish 5-14 curriculum at P3, P5, P7 and S2, as part of the range of evidence used to find out how pupils in Scotland are getting on at school. The 2005 SSA found that around three-quarters of the pupils involved had very good or well established reading and numeracy skills or had at least made a good start at the level expected of them. The OECDPISA 2003 international comparison study of 41 countries to assess the performance of 15 year olds in reading, mathematics and science literacy shows that only 3 countries (Finland, Korea and Canada) have significantly higher scores in reading than Scotland.

462 In 2002, the Executive launched the Home Reading Initiative to encourage parents and carers to read with children for enjoyment at home. This was extended in 2003 to include a small grants scheme to encourage reading amongst particular groups for example boys from socially deprived areas. Grants have also been provided to provide reading materials for: blind and partially sighted children; traveller children and homeless families.

463 Young adults are one of the target priority groups for improving adult literacy and numeracy. Youth Literacies is specifically targeted at young people aged 16-25. There are important links here between this work and the youth work sector and the NEET group (not in education, employment or training) covering the 16-19 age group. Youth Literacies is a relatively new area of development and currently there is little evidence on its impact - research is planned to map existing provision and identify examples of current practice.

Spiritual, moral, social and cultural development and citizenship in Scotland

Articles12, 13 and 40

464 Values and Citizenship is one of the 5 National Priorities. The development of all children as responsible citizens is also one of the four purposes of the curriculum identified in A Curriculum for Excellence. In addition, National Guidelines for pupils aged 5-14 offer a number of opportunities for pupils to learn about spiritual, moral, social and cultural development and citizenship particularly under Personal and Social Development for children of primary age and Personal and Social Education for secondary age.

465The National Guidelines on Religious and Moral Education ( RME) outline the aims of RME as to help pupils to develop a knowledge and understanding of Christianity and other world religions and to recognise religion as an important expression of human experience; appreciate moral values such as honesty, liberty, justice, fairness and concern for others; investigate and understand the questions and answers that religions can offer about the nature and meaning of life and develop their own beliefs, attitudes, moral values and practices through a process of personal search, discovery and critical evaluation.

Protection of children in schools

466 As part of the child protection reform programme, the Executive published Safe and Well, a handbook on child protection and wellbeing in school which acts as a benchmark for local policies and procedures. It covers appropriate structures and steps to take to ensure that action is taken to protect children where necessary and a wide range of special issues relating to the welfare of children. 6000 copies of Safe and Well have been distributed to schools and authorities, along with 66,000 copies of a pocket guide for staff which encourages them to consult Safe and Well when they are concerned about a pupil.

467 The Executive has established a Children Missing from Education service which supports authorities to track and trace children who have disappeared from the view of education authorities and schools to ensure that they are safe and well. Children "missing from education" are children of compulsory school age who are not on a school roll and are not being educated otherwise (at home, privately or in alternative provision). They may belong to highly mobile families, affected by issues such as domestic violence or family breakdown. The service also addresses capacity issues by providing training and guides on good practice in tracking and tracing children who disappear from view, promoting systematic procedures in transfer of records and supporting schools and education authorities to exchange information across Scotland and with other parts of the UK.

Involvement of parents

468 The Scottish Schools (Parental Involvement) Act 2006 modernises and strengthens the framework for supporting parental involvement in school education. The Act will place a new duty on education authorities to prepare a strategy for parental involvement and is intended to improve and increase the involvement of parents in their own child's learning and in schools more generally. The definition of parent used in the Act is very wide and includes carers and others acting in place of parent.

469 Executive support for authorities and parents also includes the Parentzone website, support leaflets for parents, sharing good practice and funding for Parent Partnership projects, many of which have focussed on diversity and inclusion issues in involving parents.

Data on educational attainment

470 The Executive collects annual data on educational attainment and a range of information about pupils, for example gender, ethnicity, free school meal registration and attendance records. Attainment levels of different groups of pupils are closely monitored to ensure that any emerging trend or pattern is identified - the Executive also has a Closing the Opportunity Gap target of improving the performance of the lowest attaining 20% of S4 pupils by 2008. There has been no positive trend in this measure in recent years despite a slight rise in the latest performance data (see table 55).

471 The lack of movement in the target in part relates to issues with the measure itself and, in policy terms, that far reaching reforms have not yet had a chance to impact. The target group includes a broad spectrum of children from those who leave school with no qualifications to those with just over 100 tariff points - roughly equivalent to 5 Standard Grades at general level. This could represent a significant achievement given the difficulties of some of the group, particularly those with additional support needs. In addition, while the tariff score data enables consistent measurement of attainment and comparison for different subgroups it does not currently recognise achievements in individual National Qualifications units that are not part of full courses, qualifications achieved through FE colleges or the wider achievements of pupils, which may disadvantage the lowest attaining 20% in comparison. The tariff system will continue to be developed to ensure that it takes full account of the existing range of attainment with college data due to be linked in 2007. In addition options for consultation on how best to recognise a broader range of achievements are being developed as part of A Curriculum for Excellence.

472 The radical overhaul of education through A Curriculum for Excellence is committed to delivering for the lowest 20%, providing more engaging, personalised approaches, more vocational opportunities, credit for wider achievement, ensuring that teachers and other professionals can successfully meet the needs of this group, and providing appropriate drivers in the system through outcome agreements and inspection.

473 Independent schools in Scotland must be registered by Scottish Ministers and are inspected by Her Majesty's Inspectorate of Education. If they offer residential provision, they are also subject to inspection and regulation by the Care Commission. Alongside a more flexible curriculum, the Education (Additional Support for Learning) Scotland Act 2004 and Getting it right for every child proposals are strengthening the package of support, ensuring that every young person who needs it has the multi-agency support they need to benefit from education.

TABLE 55 Average tariff score of S4 pupils in Scotland: lowest 20% compared to the rest

Source: Closing the Opportunity Gap website http://www.scotland.gov.uk/Topics/People/Social-Inclusion/17415/CtOG-targets/ctog-target-f
S4 pupils are those in stage S4 at September of the school year
Lowest attaining 20% - identified by calculating the attainment of these pupils in the following May/June using information from the Scottish Qualifications Authority. This is transformed into a total points tariff using a points score scale.
Tariff score - this scale is an extended version of the UCAS Scottish tariff points system. The pupils are then ranked in order of points gained. The average tariff is calculated from the individual tariff scores of those pupils who fall into the lowest 20%.

474 The Executive also uses the other information that is collected about school pupils to undertake a more detailed analysis of different groups within the S4 cohort. Further analysis is presented in the tables below.

TABLE 56 Three-year average tariff score of S4 pupils by looked after status combined with record of needs/ individualised educational programme status and registration for free school meals 2003/04 to 2005/06

Source: http://www.scotland.gov.uk/Publications/2006/03/09080409/0m
Notes
Tariff score - this scale is an extended version of the UCAS Scottish tariff points system. The pupils are then ranked in order of points gained. The average tariff is calculated from the individual tariff scores of those pupils who fall into the lowest 20%.
In this table, number of pupils refers to the total number of S4 pupils from the last three years, average tariff score refers to the average score of all of these pupils.
Averages calculated from small numbers may be misleading

TABLE 57 Three year average tariff score of S4 pupils by ethnic background and registration for free school meals 2003/04 to 2005/06

Source: http://www.scotland.gov.uk/Publications/2006/03/09080409/0
Notes
"All Other Categories" includes: Occupational Traveller, Gypsy/Traveller, Other Traveller and 'Other' Categories
In this table, number of pupils refers to the total number of S4 pupils from the last three years, average tariff score refers to the average score of all of these pupils
Averages calculated from small numbers may be misleading

TABLE 58 Average tariff score of S4 pupils in Scotland, by urban/rural location of school and registration for free school meals 2003/04 to 2005/06

Source: http://www.scotland.gov.uk/Publications/2006/03/09080409/0
Notes
In this table, number of pupils refers to the total number of S4 pupils from the last three years, average tariff score refers to the average score of all of these pupils
Averages calculated from small numbers may be misleading

Educational attainment of looked after children

Articles 20 and 21

475 Although the educational attainment of Scotland's looked after children has improved slightly over recent years, it remains very poor compared to their peers and improvements are needed to ensure opportunities for looked after children to achieve and attain are maximised.

476 On 31 March 2006, there were 12,966 looked after children in Scotland:

• 4.1% of children not looked after left school with no qualifications at SCQF level 3 or above;
• this figure increased to 24% where the child was looked after and accommodated; and
• 41.9% when looked after at home.

477 Of the young people who left care during 2005-06 beyond minimum school leaving age, 50% had at least one qualification at SCQF level 3 or above and 34% had both English and maths at SCQF level 3 or above. This is an increase of 8% and 6% respectively since 2004. Looked after children are six times more likely to be excluded from school than children who are not looked after.

478 In January 2007, the Executive launched Looked After Children and Young People We Can and Must Do Better. It sets out Ministers' desire to see a step change in outcomes for looked after children and sets out the actions that need to be taken to ensure that this happens. Ministers are clear that the status quo for these children is not acceptable. Table 59 sets out the educational qualifications of those leaving care.

TABLE 59 Number and academic attainment of children aged 16 or over who ceased to be looked after during 2005-06

Source: Scottish Executive, Children's Social Work Statistics 2005-06
Includes estimates for those local authorities unable to provide information

479We Can and Must Do Better raises many important issues and contains 19 action points across its five themes. It highlights and addresses eight notable messages:

• the importance of the corporate parent role;
• the need to raise awareness of the educational needs of looked after children and young people and improve training for all foster carers, residential workers, lead professionals, support workers and associated professionals;
• the need for clarity regarding the role and responsibilities of the designated person within schools and residential establishments;
• the importance of providing flexible and appropriate support before, during and post transitions;
• the importance of physical, mental and emotional health and wellbeing in facilitating positive educational outcomes;
• the need for good quality accommodation, which supports the education, training or employment of looked after children;
• the importance of clear advice and a range of emotional, practical and financial support for looked after children as they make the transition to adulthood/ independent living; and
• the vital importance of stability and continuity within education and care settings.

480We Can and Must Do Better builds on both the positive work that has been previously undertaken and that which is ongoing. Considerable work remains to be done, for the Executive working with key partners to improve outcomes for Scotland's looked after children.

481 To broaden the research base in this area, Ministers announced new funding in October 2004 for local authorities to pilot and evaluate new models of educational support for looked after children. In December 2005 a short life working group of key stakeholders was established to look into the issues surrounding the educational attainment of looked after children. A national evaluation of these educational attainment pilots, in order to identify good practice principles, has also been commissioned by the Executive and is due to report in summer 2008.

482 The Children (Scotland) Act 1995 provides that children held in secure units have the same statutory right to education, as other children. The educational needs of these children should be addressed in care plans and individual curriculum packages should be planned. Children in secure should, where necessary, receive additional help, encouragement and support to address special needs or compensate for previous deprivation or disadvantage. Planning should have regard to continuity of education and the disruption that many children may have experienced in their schooling prior to being admitted to secure care and the resistance to education that this may foster. It should also take a long term view of education, provide educational and developmental opportunities and support, and promote potential and achievement. Effective planning of individual curriculum packages by educational staff is recognised as a means to challenge this resistance and convince children of the value and possibilities of education. Effective co-operation between education and care staff is necessary if positive educational attainment is to be achieved.

483 All under 18s in young offenders' institutions are provided with education by qualified staff. Those under 16 have a statutory entitlement to education mirroring arrangements in the community. There are approximately 145 teachers working in Scottish prisons.

Measures to eliminate inequalities and discrimination

Article 2

484 The 2002 Concluding Observations recommended that all necessary measures should be taken to eliminate inequalities in education. The Executive is committed to promoting equality within education, eliminating any form of inequality and raising attainment levels of all children. Schools have a key role to play in the drive for equality, and preparing children to live in a multi-cultural and inclusive society. Inclusion and Equality is one of the National Priorities in Education, aiming to promote equality and help every pupil benefit from education, with particular regard paid to pupils with disabilities and additional support needs and to Gaelic and other lesser used languages. Section 1(1) of the Education (Scotland) Act 1980 requires each local authority to ensure there is "adequate and efficient" provision of school, pre-school and further education in its area. As discussed above, the Standards in Scotland's Schools Act 2000 also requires the education provided to each child to be directed towards the development of their personality, talents and mental and physical abilities to its fullest potential.

485 A number of initiatives are underway to actively promote equality within education and help enable every pupil to achieve their full potential, regardless of their gender, ethnicity, religion or social background. Initiatives include the commissioning of seven long-term inter-linked projects with the general aim of tackling inequalities within education. Outputs from some of these projects include developing materials to help support schools in dealing with racist and homophobic incidents; developing training resources for school staff on equality issues; and producing materials to support schools in mainstreaming anti-discrimination into the curriculum. The Executive also works with education authorities in meeting duties under the Race Relations (Amendment) Act 2000 and will continue to work with authorities in relation to the upcoming disability and gender duties.

486 The Executive commissioned research into the way that education authorities and schools deal with racist incidents in schools. The research also assessed the effectiveness of the anti-racist toolkit for teachers. The second stage of this project will commission work to support schools and teachers specifically to tackle racist incidents in a consistent manner. This research is part of a wider body of related work that the Executive is taking forward, for example, funding has been made available for:

• the Centre for Education for Racial Equality in Scotland to produce materials to help education authorities take forward their duties under the Race Relations (Amendment) Act;
• Show Racism the Red Card to produce and distribute a Scottish video and education pack for schools to help deliver anti-racist education. The resource uses the medium of Scottish professional football; and
• production of a Holocaust Teaching Resource which uses lessons based on the Holocaust to help promote equality, citizenship and tolerance amongst pupils.

Religious intolerance

Articles 2,14

487 The Executive has produced a web-based anti-sectarian education resource, Sectarianism: Don't Give It, Don't Take It, which provides teachers and youth workers with material they can use to raise awareness of sectarianism and religious intolerance and encourage better mutual understanding. The roll-out of the resource was supported by a national conference and local seminars which provided practical suggestions for using the resource. The Executive has also launched a DVD for teachers, Challenging Sectarianism: Anti-sectarian education in practice. The DVD demonstrates how interactive techniques can be used to effectively consider the issues surrounding sectarianism with children, in both school and youth work settings. A copy of the DVD has been issued to all local authority schools in Scotland.

488 The Executive has also commissioned work to ensure that the Don't Give It, Don't Take It resource remains up to date, well used and relevant. This will include quarterly updates to add more good practice and classroom material. An ongoing marketing plan has been put in place to ensure that schools continue to be aware of materials on anti-sectarian education.

Children with disabilities

Article 23

489 The following number and ratios of children are assessed or declared disabled in Scotland's schools. Primary - 4,000 pupils disabled, (1.0%). Secondary - 3,700 pupils disabled (1.2%); Special - 3,200 pupils disabled (46.6%). Some 71% of pupils assessed or declared disabled are in mainstream schools. The Executive does not gather or hold information on nature of each child's disability.

Asylum-Seeking and Refugee Pupils

Articles 10, 20 and 22

490 All children in Scotland have full rights to education. The Education (Scotland) Act 1980, as amended, states that all children, which by implication includes asylum-seeking and refugee children, are entitled to school education. Additionally, the Standards in Scotland's Schools Act and Additional Support for Learning Act place additional duties on local authorities and schools to secure an appropriate education for all children. For The provision of English as an additional language teaching is specifically covered by the ASL Act Code of Practice. Other key legislation includes the Children (Scotland) Act 1995, which requires local authorities to ensure that they have taken into account a child's racial, linguistic, cultural and religious identity within their service provision, including education. Additionally, there is a statutory duty to promote racial equality under the Race Relations (Amendment) Act.

491 As a universal service, the school is well placed to play a pivotal role in helping asylum seeking/refugee children adjust to their new lives in Scotland. For many refugee and asylum seeking children it may be the only statutory agency from which they derive support.

492 The Executive has funded research into policies used by local authorities that support the learning of asylum-seeking and refugee pupils - Education And Schooling For Asylum-Seeking And Refugee Students In Scotland. The report will be published later in 2007 and will highlight examples of good practice and provide recommendations for consideration. The Executive has also produced an education guide for asylum seekers and refugees. The guide provides new arrivals with information on how the Scottish education system works. It also provides details of where to receive more support and information.

Gypsy/Traveller Pupils

Article 30

493 The Executive has provided funding to the Scottish Traveller Education Programme ( STEP) for a number of years. This has facilitated work including the production of guidance for education authorities and schools on inclusive practices for interrupted learners, and the publication and distribution of a set of leaflets and accompanying DVD for Gypsy/Traveller parents and families, providing targeted information on the Scottish education system.

494 More recently, the Executive commissioned STEP to assess the effectiveness of their guidance on inclusive education approaches for Gypsies/Travellers. Following that research, STEP are currently taking forward work based on a number of related recommendations. This includes the facilitation of the development and maintenance of an e-learning community to assist in providing more continuity for interrupted learners, the production of rapid assessment guidance to assist schools receiving new Gypsy/Traveller pupils, and also the development of a national hand-held record to improve the quality of information on progress schools receive.

LGBT Issues

495 The Executive funded LGBT Youth Scotland to carry out research into how local authorities and schools deal with homophobic incidents in schools. The report was published in June 2006, and a seminar was held on the same day to disseminate the findings to the sector. The report recommended the production of a variety of supportive materials for teachers. Discussions with LGBT Youth on the type of resources to be produced are on-going - key stakeholders will also be consulted during the development of materials.

496 The Executive is also working with Learning and Teaching Scotland and LGBT Youth to consult on and develop online materials which will help improve teachers confidence in dealing with homophobic incidents.

Gaelic education

Article 30

497 The Gaelic Language (Scotland) Act 2005 requires Bòrd na Gàidhlig, the Gaelic Development Agency, to advise on matters relating to the Gaelic language, culture and education and to develop a National Gaelic Language Plan setting out strategies and priorities for the future development of the Gaelic language, culture and education.

498 The Executive makes available specific funding for Gaelic-medium education where there are sufficient numbers of children whose parents request it. In 2005-06, 2068 children attended Gaelic-medium units in 61 primary schools. There were 1296 secondary pupils learning Gaelic and 36 secondary schools offering Gaelic for fluent speakers. In partnership with Glasgow City Council, the Executive has invested £2.75m capital funding to enable the establishment of the first all-through Gaelic school in Scotland which opened in August 2006, teaching children aged 5-16.

499 The Executive is seeking to increase the number of Gaelic teachers in Scottish schools. Measures to improve this will include the recent appointment of a Gaelic teacher recruitment officer, new routes into Gaelic teaching and opportunities for teachers to transfer to Gaelic teaching. A working group has been established to focus on Gaelic IT delivery and subject development, particularly at the secondary level. This group is working to expand Gaelic secondary provision and is considering new methods for delivering Gaelic medium education where teachers may not be available or where demand may be limited.

500 Cultural activities related to the Gaelic language are organized by a number of organizations, some of which receive Executive funding, for instance, An Comunn Gaidhealach, who organize the annual Royal National Mod.

Independent schools

501 The 2002 Concluding Observations recommended an evaluation of the impact of school privatisation on the right of children to education. The proportion of pupils educated within the independent sector in Scotland has remained relatively constant for many years at around 4% of the total pupil population (a slight increase from 3.9% in 2000 to 4.2% in 2006 is caused by a fall in the overall school population against a stable number of independently educated pupils). The static number of pupils in the independent sector does not support the observation of school privatisation so there has been no need for an evaluation.

School attendance

502 The Executive has promoted the use of home-school link workers to reach out to children with poor attendance and their families. The attitude of parents towards learning is a determining factor in the attitudes of children and their attendance may be affected by difficulties experienced at home. Home-school link staff can develop relationships with children and families that enable them to identify issues affecting children and work towards home-school consistency in supporting the child's education. £29m per year of funding has been provided to local authorities which may be used for additional support staff in school, including home-school link workers.

503 The Executive has supported a pilot of automated call systems in a selection of Scottish schools to encourage attendance and to safeguard children's welfare and have recently provided £40m additional funding to schools for educational resources which may be used for automated call systems. Automated call systems enable schools to notify parents quickly when a child does not arrive in school as expected, by text, mobile phone or landline. The Executive has issued draft guidance to local authorities for consultation setting expectations of good practice in encouraging attendance and reducing truancy.

504 It is clear that the majority of children in Scotland are attending school regularly. The table below provides an indication of the pattern of attendance and absence for Scottish pupils from 2003/04 2005/06. Pupils may be recorded as absent from school for a number of reasons. These include sickness where no educational provision is made, arriving very late at school, holidays, exceptional domestic circumstances such as family crisis, other authorised absence, unauthorised holidays, truancy, exceptional domestic circumstances (unauthorised), and temporary exclusion.

TABLE 60 School attendance in Scotland

Note: figures in this table are rounded.
Source: Attendance and Absence in Scottish Schools 2005/06 ( http://www.scotland.gov.uk/Publications/2006/12/07132341/0)

School exclusion

505 Statistics show that the vast majority of pupils (97%) were not excluded from Scotland's schools in 2005/06. However, there were 42,990 exclusions from school of which over 99% were temporary. 2005/06 figures show that 90% of all temporary exclusions are for less than one week and that only 2% of those temporarily excluded are out of school for more than two weeks. Removals from the school register are rare in Scotland, with a total of 264 in 2005/06 a decrease of 3% from 2004/05.

TABLE 61 Exclusion rates per 1000 pupils, by type of school

Source: Exclusions from Schools 2005/06 ( http://www.scotland.gov.uk/Publications/2007/01/30100624/0)

506 Executive guidance states that authorities and schools should follow procedures during exclusion that ensure that the needs of children and families are assessed and supported, such as children with additional support needs and looked after children.

507 The 2002 Concluding Observations recommended action to eliminate the inequalities in exclusion rates between children from different groups. The Executive is concerned that rates of exclusion for pupils with free school meals, looked after children and those with records of need or individual education plans are higher and has committed to reviewing exclusive guidance with a view to improving this. A number of policies reflect the Executive's focus on improving educational outcomes for children with these circumstances and experiences, for example policies on looked after children, closing the opportunity gap and young people not in education, employment or training.

508 Exclusion rates of minority ethnic pupils are generally lower than for the population as a whole. However, there are wide variations across different groups. While exclusion rates of Gypsy/Traveller pupils are also high they have continued to decrease in 2005-06 - the actual number of pupils excluded is small.

TABLE 62 Exclusions, by ethnic background of pupils

Source: Exclusions from Schools 2005/06 ( http://www.scotland.gov.uk/Publications/2007/01/30100624/0)

Measures to reduce temporary or permanent exclusion

509 The 2002 Concluding Observations recommended that the UK take action to reduce temporary or permanent exclusion, ensure that children have the right to be heard before exclusion and to appeal against exclusion and ensure that excluded children continue to have access to full-time education. In Scotland, school exclusion is a last resort and must be used in the context of a clear, consistently applied and comprehensive approach to behaviour management in school. This includes high standards in pastoral care and the promotion of positive behaviour and positive relationships in school, rather than intervening only when incidents of bad behaviour occur.

510Better Behaviour - Better Learning (2001) sets out a package of recommendations to enhance whole school ethos and relationships, and these have been widely welcomed by the Scottish education community. In addition, the Executive has worked with authorities to develop and trial a range of approaches to promoting positive behaviour. The Executive takes the need to support school staff very seriously, and Staged Intervention/Framework for Intervention uses a peer support model, enabling teachers to support each other to enhance the learning and teaching environment and reduce problem behaviour in class.

511 The Executive issued guidance on school exclusion in 2003, which clarified that "informal exclusion", "cooling off" and "sending a pupil home" are formal exclusions and should be recorded and that education authorities are required to put in place alternative education provision for excluded pupils as soon as possible, but within 10 days of an exclusion. Alternative provision for excluded pupils should be of an appropriate quality, quantity and range. The Executive emphasises quality of learning experience wherever learning takes place and has convened an expert working group to consider what type of provision is required to meet the needs of the most challenging children in schools, and to gather evidence of existing good practice. The group will produce a resource to encourage authorities to consider the range and quality of their provision, and to apply creativity towards meeting the needs of this group of children.

512 Figures from 2005-06 show increased activity by education authorities in making alternative provision for excluded pupils in the categories of college placement, home tuition, support bases and 'other' approaches such as work sent home.

TABLE 63 Education provision during exclusion ⁽¹⁾

Source: Exclusions from Schools 2005/06 ( http://www.scotland.gov.uk/Publications/2007/01/30100624/0)
Notes
1. Data show the main type of provision recorded for each exclusion
2. Other also includes work sent home

TABLE 64 Number of days lost to exclusions, with no education provision

Source: Exclusions from Schools 2005/06 ( http://www.scotland.gov.uk/Publications/2007/01/30100624/0)
Note: Data related specifically to days where no alternative education was provided, and not to the total duration of exclusions.

The voice of the child

Article 12

513 The 2002 Concluding Observations recommended the introduction of legislation giving children the right to express their views on matters including school discipline. In Scotland, on the day when a decision to exclude a child is taken, the authority must inform the parent and offer a date and time for a meeting to discuss. This should also be communicated to the pupil, where he or she is of legal capacity, generally assumed to be at the age of 12, however the judgement is based on the child's maturity and understanding. The meeting to discuss the decision to exclude should be with the pupil, where the pupil has capacity or is over 16. The authority must write to the pupil or parent to explain the reasons behind the exclusion, their right of appeal and any other relevant information such as an action plan setting out the pupil's roles and responsibilities on return to school.

514 In the first instance, appeals can be directed to an Education Appeal Committee set up by the education authority. A further appeal against the decision of this committee can be made to the sheriff court. Section 28H of the Education (Scotland) Act 1980 gave parents and pupils the right to appeal. The Standards in Scotland's Schools Act 2000 has since extended this to pupils with legal capacity, as defined above. Section 2(2) of the 2000 Act states that due regard be given to the views of the child as far as reasonably possible, including when the parent is taking forward the appeal.

Bullying

515 Paragraph 48(e) of the 2002 Concluding Observations recommended action to prevent bullying and other forms of violence in schools. The Schools (Safety and Supervision of Pupils) (Scotland) Regulations 1990 place a duty on education authorities in Scotland to take reasonable care for the safety of its pupils. Building on this duty, the Executive has provided funding to support implementation of the recommendations in the Better Behaviour - Better Learning report on promoting positive behaviour in schools. The report sets the tone for positive relationships and school ethos and supports specific approaches to positive behaviour, for example restorative practices in school and a social, emotional and behaviour skills curriculum for children, to enable pupils to reflect on how they can show respect to one another and the impact of their behaviour on others.

516Better Behaviour - Better Learning makes a number of recommendations for schools including:

• agreement of systems for shared responsibility for conduct and behaviour of children in corridors, playgrounds and public areas within the school (for example in responding to incidents of bullying); and
• ensuring that opportunities are provided for senior pupils at both primary and secondary levels to take responsibility for 'buddying' and/or mentoring junior pupils (for example provide support to pupils related to bullying incidents).

517 The implementation of the recommendations of the report is supported by the dissemination of approaches which promote positive behaviour. The Positive Behaviour Team are a team of experienced officers seconded to the Executive with the remit to provide training advice and support to authorities on a range of approaches. The team of nine officers are spread geographically across Scotland and are each responsible for a cluster of authorities, ensuring that schools and authorities across Scotland are able to access these approaches.

518 The Executive has produced a wide range of information on tackling bullying for schools, parents and pupils for example, Fresh and Fresher which provide advice for children who are affected by bullying. Parents' role in supporting children is also acknowledged through Confident, Happy Children and Good to Know which provides advice for parents. For local authorities and schools the Safe and Well child protection guidelines (issued in 2005) provide advice on supporting victims of bullying. The Executive has held annual awareness raising exercises, for example an anti-bullying competition, which encourage schools to consider particular aspects of bullying.

519 The Executive has also provided funding for a number of other projects aimed at tackling bullying in schools. Scotland has had a national anti-bullying service for over 10 years which supports schools in developing and implementing anti-bullying policies, encourages the creation of a positive school ethos and provides support to schools when bullying incidents arise. The Executive has convened an Anti-Bullying Leadership Group, an expert group representing interested groups, to support a commissioning process to refresh anti-bullying services in Scotland. The commissioning process has reflected the findings of a needs assessment exercise, carried out in 2004, which recommended that the scope of the service be extended to tackle and prevent bullying in both school and community settings. The new Respectme service was launched in March 2007.

520 To support children and young people affected by bullying the Executive supports ChildLine Scotland to run a specific Bullying Line to listen to children and support them.

Youth Work Strategy

521 A consultation paper was issued in August 2006 including specific questions on accessibility for all young people including those in rural areas and on issues and barriers faced by young people from minority ethnic backgrounds, disabled young people and LGBT young people in accessing youth work opportunities. It also covered more strategic issues including whether youth work opportunities should be generally available to all young people or targeted at those who are particularly vulnerable or disadvantaged. As part of the consultation process the Executive supported a range of voluntary organisations to gather views from specific groups of young people including minority ethnic young people and young people who are looked after. Over 3000 responses were received, including 2500 from young people.

522 The national youth work strategy published in March 2007 seeks to take account of the needs of specific groups of young people including those who are disadvantaged or who might find it difficult to access opportunities for any reason. The strategy sets out the vision for youth work in Scotland, that: all young people in Scotland are able to benefit from youth work opportunities which make a real difference to their lives; and that the youth work sector is equipped and empowered to achieved ongoing positive outcomes for young people now and in the future.

Information and advice for learning and careers

523 A national, all-age careers guidance service, Careers Scotland, was created in 2002 in response to a review of careers services in Scotland. The Executive spends £59.5m a year on Careers Scotland - about 70% of which is dedicated to work with schools. Careers Scotland has three priorities: investing in the workforce of the future (work with schools including elements of continuing professional development for teachers); reducing economic inactivity among young people (work with the NEET group); and improving productivity through personal career planning.

524 As well as its work in schools, Careers Scotland has in recent years carried out a variety of pilot work with young offenders in a variety of settings. In particular it is dealing with transitional issues for young people leaving prison and will be starting through-care and after-care for young people leaving prison without statutory supervision orders to ensure that career planning and employability needs are picked up in the young person's home area.

Further Education

525 The Executive is committed to ensuring that all children have the opportunity to access further education, irrespective of their background or personal circumstances. There are 43 FE colleges across Scotland offering a wide range of academic and vocational qualifications. It is Executive policy to widen access to further education to help break down barriers to participation faced by all groups including those from disadvantaged areas. The Education Maintenance Allowance ( EMA) programme, which gives a weekly allowance to students from low-income families, is specifically designed to remove the financial barriers those students face in continuing to learn. There is evidence that this policy and related funding activities are making an impact. In 2004-05 the students from the most deprived postcode areas in which one quarter of the population live, made up 27 per cent of all students and 30 per cent of all activity, (the same as in 2003-04).

Higher Education

526 Similarly, the Executive is committed to giving everyone with the potential to succeed in higher education the opportunity to do so. In 2005, the Executive set out a basket of measures to improve access from under-represented groups of the population, for example to increase participation from schools which traditionally have a lower proportion of pupils who go on to higher education. This activity was subsequently subsumed within the Scottish Further and Higher Education Funding Council's report Learning for All which reviewed widening access initiatives and set out a recommended action plan. It includes recommendations for all education sectors and the four Regional Widening Access Forums which have a strategic role to determine local priorities and funding of local collaborative initiatives to widen participation.

Vocational training

527 In May 2005, the Executive published a strategy and guide for school and college partnership, Lifelong Partners, setting out how the Executive will deliver its commitment to enable 14-16 year olds to develop vocational skills and improve their employment prospects by allowing them to undertake courses in further education colleges as part of the school-based curriculum. These include new Skills for Work Courses.

528Lifelong Partners contains recommendations for best practice and outlines some legislative requirements on matters concerning partnership working, including planning and management and pupil welfare and support. The Executive has also issued specific guidance for local authorities, NHS Boards and the further education sector on school/college partnership for pupils with additional support needs.

529 By 2007 all state secondary and special schools in Scotland will have effective, meaningful and appropriate partnership with at least one college for S3 pupils and above. College options will be made available to pupils as they are with all other students in further and higher education - on the basis of available capacity. A standing stakeholder forum, which includes pupils and students, has been established to oversee the national development of these partnerships.

530 Modern Apprenticeships ( MAs) offer people aged over 16 the opportunity of paid employment at the same time as training for jobs in craft, technician and management areas in order to achieve a vocational qualification at level 3 or above. They simultaneously give employers the opportunity to develop the skilled staff required for their business. The MA programme is managed and delivered by the Enterprise Network (Scottish Enterprise and Highlands and Islands Enterprise). There were 31,872 modern apprentices in training in Scotland at the end of 2006/07: 28,864 through Scottish Enterprise and 3,008 through Highlands and Islands Enterprise. The numbers in training have been increasing in recent years, by nearly 19 per cent overall between 2002/03 and 2005/06.

531 All MAs are employed from the start of their training and the rate of pay will usually be only a proportion. This reflects that they are in training and that in the early days of the programme, they are unlikely to be as productive as other members of the workforce. In addition it should also be borne in mind that subsidised training is also being provided for that individual. All apprentices who are under 19 are exempt from National Minimum Wage, as are those aged 19 and above during the first 12 months of their training.

Children not in education, employment or training

Articles 26, 27 and 32

532 In June 2006, the Scottish Executive launched More Choices, More Chances - a strategy to reduce the proportion of young people not in education, employment or training ( NEET) in Scotland. It proposes a two fold approach: supporting young people to stop them from joining the NEET group in the first place; and helping those already in the NEET group to get back into learning and employment. Ministers have made clear that reducing NEET is a national priority which will take a national effort - by government, local authorities, the voluntary and private sector - to achieve. Whilst this demands action in all local authority areas, the strategy identifies 7 target areas where NEET presents the biggest challenge. Each of the target areas will receive £400,000 for two years; all other areas will receive £75,000 each for two years.

533 In the context of a strengthening labour market in the UK and expanding education and training opportunities, the proportion of young people who are in the NEET group in Scotland has remained relatively stable for the past decade. The proportion of 16-19 year olds who are in the NEET group in Scotland is high on an international comparison. It should however be noted that this comparison is influenced by some very different schooling systems, including different compulsory school attendance ages. The headline figures represent a wide variety of individuals, from those with multiple barriers to those who are simply on a gap-year. There is evidence to suggest that a truer figure for those who will need some additional support to access and sustain opportunities in the labour market is around 20,000. In 2004, the Executive set a target as part of its strategy Closing the Opportunity Gap strategy to reduce the proportion of 16-19 year olds for whom not being in education training or employment is a negative experience, by 2008.

TABLE 65 Percentage of 16-19 year olds not in education, employment or training

Source: Labour Force Survey ( LFS): Quarters combined for 1998-2002
In 2003, the Scottish figure is taken from the Annual Scottish LFS ( ASLFS).
In 2004 and 2005, the Scottish and UK figures are taken from the Annual Population Survey ( APS).
The APS and ASLFS include boosts to the main LFS. This means there is a discontinuity in the series.

TABLE 66 Percentage of 16-19 year olds not in education, employment or training by deprivation and urban/rural classification

Source: Annual Population Survey, 2004 (Jan to Dec) and 2005 (Jan to Dec)
* Estimate is below reliability threshold (See Annex A of the publication for more details).
Notes:
1) Levels rounded to the nearest thousand.
2) Proportions are calculated on un-rounded figures.
3) Totals may not equal the sum of individual parts due to rounding.
4) See the definition section of the publication for more detail on estimates.

TABLE 67 Percentage of school leavers from publicly funded schools in Scotland by destination category and gender

Source: Destinations of Leaves from Scottish Schools 2004/05 ( http://www.scotland.gov.uk/Publications/2005/12/06133725/37257)

TABLE 68 Percentage of school leavers from independent schools in Scotland by destination category and gender

Source: Destinations of Leaves from Scottish Schools 2004/05 ( http://www.scotland.gov.uk/Publications/2005/12/06133725/37257)
Notes for tables 65-68
Where two asterisks (**) have been inserted the number of leavers who have destinations in any category is less than 5 or where it would be possible to calculate the figures in the other categories based on the percentages and totals.
Percentages may not total 100% due to rounding.

B) REST, LEISURE, RECREATION AND CULTURAL AND ARTISTIC ACTIVITIES

Articles 13,15,29 30 and 31

Cultural policy

534Scotland's Culture - the Scottish Executive Response on the Cultural Review (2006)http://www.scotland.gov.uk/Publications/2006/01/18091052/12 sets out the Executive's cultural policy. It cites Articles 13, 29 and 31 of the UN Convention as the Executive's starting point - to be promoted further in action to implement the new cultural policy. Scotland's Culture was developed in consultation with children. It continues to recognise the value that arts, culture and heritage can bring to children and outlines the concept of 'local cultural entitlements', designed to impact on the lives of citizens and communities across Scotland, where the principle of free access to cultural activity for children should be the goal for every provider.

535Scotland's Culture also proposes an 'escalator model' to help Scotland's talented children move from school through to further and higher education and/or into employment in the cultural sector. The prime principle of this 'escalator' philosophy requires children to have the maximum opportunity to try and experience the full range of cultural activity, being helped to discover their own creativity and to develop their gifts.

536 The Executive is taking forward plans for implementing this new policy and has issued a draft Culture Bill for consultation that includes a legal framework for delivering rights. The Executive is also publishing draft guidance for local authorities on local cultural entitlements and cultural planning.

Sports Policy

537 The Executive published its national sport strategy, Reaching Higher, in March 2007. One of its two key aims is to increase participation, particularly among children where there are many competing distractions. One of the key initiatives to increase participation is Active Schools, which is designed to increase the range and number of opportunities for children people to be more active in and around the school day. It is supported by all 32 local authorities in Scotland, in tackling the low levels of activity highlighted in the report of the National Physical Activity Task Force. A key element of the initiative is that the children should be consulted over the range of activities to be offered through Active Schools.

Child Protection in Sport

Articles 33-36

538 The Child Protection in Sport Service is a partnership between Children 1st and SportScotland. It was established in 2002 in response to a growing need for advice, training and resources to help sports organisations to keep children safe and secure in and through sport. Sports organisations have a duty to protect children from harm. This includes ensuring those who are involved with children are suitable and that adults know how to respond to a child who may turn to them for help. The Executive through SportScotland helps sports organisations by providing advice, consultancy and training on the development and implementation of child protection policies and procedures.

539 The work of the Child Protection in Sport Service is supported by a steering group made up of a number of organisations representing both sport and the welfare and protection of children which has established a National Strategy for Child Protection in Sport and oversees its implementation. The steering group includes SportScotland, the Association of Chief Police Officers (Scotland), Convention of Scottish Local Authorities, the Scottish Association of Local Sports Councils, Scottish Disability Sport and the Scottish Sports Association.

Recreation and leisure

Articles 15 and 31

540 In Scotland, play is recognised as being vital to children's emotional and physical development. A wide range of play opportunities are available, along with a number of Executive funding streams that can be used for play. The Executive also provides funding to a number of voluntary organisations to help promote and support play. Funding for play can also be accessed through the Big Lottery Fund in Scotland, where play has been named as a priority.

541 Play is encouraged in different ways: through the play@home scheme, which helps parents ensure that play forms part of children's development from the day they are born; the proposed use of more play based learning in the initial stages of primary school; the Active Schools project, part of which encourages active play; through traffic calming measures, which are making streets safer for play, and through planning guidance setting minimum standards for open space and play within certain new developments.

542 Within childcare settings, the use of play is also promoted. The National Care Standards for early education and childcare, regulated by the Care Commission, require that effective use is made of outdoor play areas, there is regular access to fresh air and energetic physical play, quality play and leisure activities, as well as both organised and free play.

543 The Executive recognises that play is just as important for children with additional support needs and has provided support to the Play Inclusive Action Research Project. This has resulted in information packs and a Handbook for supporting inclusive play.

544 Recent research has shown that throughout Scotland all 32 local authorities support a wide range of indoor/outdoor play opportunities. Play forms part of the Executive's Integrated Children's Services planning process.

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