The Scottish Government

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MAIN SUMMARY

IMPLEMENTATION

1 With regard to the Scottish Government response to the outstanding Concluding Observations from 2002, there was disappointment that the CO's from 2002 had not been implemented in a number of key areas, notably the failure to ban all forms of corporal punishment of children. Secondly in the light of the recent ratification by the UK Government of the Optional Protocol on sale of children, child prostitution and child pornography, it was noted that the Scottish Government document required to be updated and that there will be a requirement to provide Scottish data for the UK report on this Protocol in 2011.

2 In relation to Scottish Government's proposal to consider changes to improve regulation/monitoring of child employment in Scotland, the view was expressed that the law is confusing at present and requires to be consolidated. Further uncertainty is created because local authorities can introduce their own byelaws and general lack of awareness leads to frequent breaches of the rules. Changes in working practices such as Sunday working need to be reflected in modernising the law on child employment and it is proposed that Scottish Government or Local Authorities should undertake a continuous public education campaign to ensure that all affected parties are aware of child employment laws and local authorities should be encouraged to disseminate information about their byelaws. It was stressed that prior to any changes in the law, children and young people should be consulted, as well as their parents.

3 Scottish Government has no immediate plans to change the definition of a child in Scots law however is concerned about the different levels of support that are available for those under 16 and those aged 16 - 17 yrs. Government is considering what information might be produced to clarify the law and at what age children can do things, as well as what can be done to ensure effective help and support for all under 18's whatever their actual age.

Respondents were unanimous that the differing age definitions of a child created considerable confusion for young people and professionals. It was generally felt that a single age definition would be preferable although 16 and 18 were both proposed. However it was viewed as important to set age thresholds which are appropriate to the context and reflect the evolving capacities of the child. In the children's hearing system it was proposed that those aged under 16, when given a supervision requirement, should be considered as children up to age 18. It was felt that children often encounter difficulties with transition from childhood to adulthood particularly those with disabilities and looked after children, and support for young people at this stage is therefore essential. One response suggested conducting a CRIA of any new legislation setting age thresholds which may help identify potential difficulties. Scottish Government's development of a leaflet for children and young people, setting out the ages at which children can do things was welcomed. The majority of respondents felt there was a need for the issue to be examined and rationalised.

4 With regard to incorporating the UNCRC in domestic legislation, Scottish Government noted that an issue by issue approach approach is preferred by Ministers. Scottish Government officials are discussing with UK Government counterparts the forthcoming UK Bill of Rights which is likely to include proposals on children's rights and to link those rights to the UNCRC.

Responses overwhelmingly supported the incorporation of the UNCRC as a matter of fundamental importance to children's enjoyment of their rights under the UNCRC. It was felt that the 'issue by issue' approach led to different pieces of legislation having differing interpretations of the Articles of the UNCRC eg Article 12. The current piecemeal approach was also thought to position some rights as set out in the UNCRC as having more importance than others. Some respondents thought a more gradual approach to achieving the objective of incorporation was appropriate, and acknowledging the complexity of the process, that a review of existing law assessing current compliance would be a useful start. It was proposed that a working group be established to look at options for progressing incorporation including consideration of the proposed UK Bill of Rights. Rights-proofing legislation and policy, 'as a test against the UNCRC' was a positive step forward with one respondent suggested that consultation with children and young people should be part of the impact assessment process. It was thought that including a statement on children's rights within Policy Memoranda accompanying SG Bills would improve clarity but an up front legal framework was needed to provide transparency, openness and consistency, and improve efficiency in the process of drafting domestic law. More information on the proposed duty on Scottish Government to promote and raise awareness of the CRC was requested and it was mooted that this duty could be applied to local authorities.

It was noted that UN Committee emphasises in General Comment No 5, the importance of the justiciability of rights. Without this in place, the view was expressed that we lack a mechanism by which children can enforce their rights and this deficiency can lead to children's interests being marginalised in favour of other priorities.

5 UK Government and the Devolved Administrations plan to maintain regular contact and coordination with the Children's Rights Team having the lead role in Scotland for coordination of implementation. Scottish Government will develop an interim report on CRC implementation in Scotland for publication in summer 2011.

Respondents gave a positive welcome for the leading role of the Children's Rights Team and for continuing partnership working and engagement with stakeholders including those working at practice level. It was noted that the team's coordinating role is essential given the diverse nature of children's rights and their relevance to most departments of Scottish Government. In terms of UK coordination it was felt essential that reserved issues as well as devolved issues which are common, are considered across the Devolved Administrations. It was felt that there was a need to further strengthen coordination at Ministerial and Cabinet level in Scotland and at local, national, UK and European level. It was recommended that an inter-ministerial body be set up within SG to progress children's rights across government. The proposal to produce an interim report on implementation of the UNCRC in 2011 was welcomed.

The UN Committee points out that where local authorities have significant powers to determine their priorities and allocate budgets, local level coordination should be included and it was proposed that the Scottish Government response should address coordination at this level. Scottish Government should give more detail on how local authorities are being made aware of their obligations under the UNCRC, specifically the 2008 CO's and it is suggested that they may choose to reflect these obligations in their Single Outcome Agreements.

6 In setting out its plan of action for implementation of the UNCRC Scottish Government will frame a set of priorities in conjunction with partners , including children and young people, MSP's and professionals and will work with officials in the UK Government and DA's on the development of a UK-wide Action Plan.

Respondents welcomed and endorsed the development of a national action plan and efforts to involve stakeholders in the process. It was strongly felt that the plan should be clearly prioritised and have clear targets and timescales for implementation and be widely publicised. The view was expressed that the plan should have a coherent monitoring framework and a set of agreed indicators. Criteria to determine priorities should include the most serious and pressing breaches of rights, marginalised and disadvantaged groups, consider which goals are most readily achievable and where there are opportunities presenting through eg pending or forthcoming Bills. It was felt that Scottish Government should include parents, through Parent Councils, as partners in the national plan of action. It was pointed out that there was a need for UK wide plan of action on reserved issues.

7 The review of the Commissioners and other bodies is currently being carried out by the Scottish Parliament and the outcome is awaited. Scottish Government will prepare and disseminate information and child friendly guidance as and when appropriate, and will maintain regular contact with the Commissioner at both Ministerial and official level.

This issue attracted most responses under the theme of Implementation. Respondents unanimously supported the continuation of an independent and stand-alone Commissioner for Children and Young People, highlighting the positive progress that has taken place in the five years since SCCYP was established. Concerns about the possible merger with SHRC centre around the dilution of child focus and effective advocacy of children's rights, loss of the voice of children and young people amidst the demands of many others, possible diminution of status and focus on the UNCRC. Respondents felt that SCCYP's independent role, dedicated resources and professional team has highlighted issues which otherwise would not have been dealt with. Several respondents called for the role of the Commissioner in Scotland to be extended, in line with the Concluding Observations, to have a mandate to investigate individual complaints as is the case in Wales and Northern Ireland.

8 On allocation of resources to children and young people, Scottish Government will look in detail at what is being collected on SOAs and through Local Government Finance Returns and consider how this can inform implementation of/compliance with the CRC. SG notes that the process has begun as part of the Save the Children indicators event in June 2008.

All respondents felt that it was essential that efforts are made to identify spending on children and young people, to make it transparent and to analyse and evaluate the impact. Scottish Government and local authorities were urged to establish systems to collect and publish data. Particular concern was expressed that there is currently no mechanism for assessing whether spending targeted at groups of vulnerable or disadvantaged children is reaching the intended beneficiaries and what are the outcomes. As an example, it was highlighted that Scottish Government's decision to place the UK funding for improving services for disabled children and their families into the general settlement for local authorities, means there is no method of monitoring whether or not this additional funding has been used to support disabled children in Scotland, nor any means of quantifying quality and availability of service improvements. The view was expressed that Scottish Government should make the budget process more accessible enabling children and young people to have an input in setting budgets and monitoring spend.

Respondents recognised that the current governance/funding framework has given rise to new challenges in data collection and identifying Government spending on children, however it was strongly felt that the impact of spending on children must be measured and Scottish Government and local authorities must demonstrate accountability in this respect. There was a call for the ending of short term funding of children's services which is a long-standing and frequently raised concern.

9 Scottish Government will consider the use of Children's Rights Impact Assessments by SG staff in developing policy and legislation taking into account the experience of those who have used the SCCYP tool to date and may roll out on a limited basis to learn from experience and explore usage further.

Respondents welcomed the use of CRIA's and felt that Scottish Government should do more to enable this development to go forward. It was envisaged that CRIA's could be used in different settings such as to inform sentencing/remand decisions, taking into account impact on the family or by Community Planning Partners (where it could be linked to the National Standards for Community Engagement). It was noted that use of CRIA's would be in line with the principles of 'Fair for All'. Scottish Government was asked to provide more resources to the Children's Rights Team and to local authorities to ensure that effective impact assessments are carried out. It was further recommended that the CRIA's process should be implemented across Scottish Government and Parliament, that guidance should be produced on how to take account of the general principles of the CRC in all policy development and legislation, and that the existing Child Strategy Statement could be developed as part of this process. It was pointed out that the UN Committee is recommending that CRIA's should be regularly conducted to evaluate how the allocation of budget is proportionate to the realization of policy and implementation of legislation and this could offer Scottish Government a way forward in the post Concordat era of greater financial autonomy of local authorities.

10 Pointing out that there is no statutory duty to promote the UNCRC, Scottish Government acknowledges that little has been done and that knowledge of the CRC amongst children, parents and the general public is very limited as a result. Scottish Government is fully committed to making this recommendation a reality.

Respondents acknowledged recent efforts by the Scottish Government to make information on the UNCRC widely available and it was felt that this proactive work should continue. One respondent suggested exploring a possible duty on the Scottish Government to promote and raise awareness of the CRC. It was pointed out that a range of stakeholders should be involved eg voluntary organisations working with children who can have an educative role. A strategic approach in partnership wth SCCYP and civil society was proposed involving the evaluation of progress. It was pointed out that national promotion would be more effective if supported by other activities such as incorporation of the UNCRC in the school curriculum and professional training. One respondent questioned whether a website was really needed in the light of others already in existence such as SCCYP, Unicef and others. Given public misconception, the view was expressed that a joined up approach is necessary to promote positive portrayals of human rights involving other governments in the UK, SCCYP, the EHRC, SHRC and other stakeholders. It was also suggested that parents' understanding of rights could be improved by providing real life examples of where children's rights have promoted the well-being of the child and the family.

11 Bearing in mind there is no statutory school curriculum in Scotland, Scottish Government points out that human rights and the UNCRC can be taught either as part of the cross-curricular theme of education for citizenship or across subjects. SG will consider what more can be done to promote a rights based ethos in schools and consider how the UNCRC can be linked into the CFE more broadly in future.

Respondents expressed the view that Scottish Government should take a much stronger lead in promoting and facilitating the teaching of children's rights in school. Noting that education in schools about rights is neither widespread nor comprehensive, it was argued that learning about rights and the CRC should be integrated and embedded across the CFE and education for citizenship in particular. It was felt that educators need to commit to sharing the full scope of the UNCRC with pupils which highlights the importance of initial and in-service training for teachers. It was proposed that there be explicit mention of the UNCRC in the CFE 'experiences and outcomes' as well as clear, useable and adaptable materials for teachers. LTS efforts to develop support materials for teachers was welcomed and in turn, to support the use of these materials, teachers themselves need to be educated about children's rights and their meaning in practice. It was noted that it would also be useful to have buy in from groups such as teaching unions and pupil and parent bodies.

12 Scottish Government acknowledges that existing UNCRC training and CPD does not always translate effectively into day to day practice. However there are no plans at present to make the CRC a mandatory part of training for professional groups.

Respondents took the view that Scottish Government needs to give more emphasis and direction to professional training than the current response indicates. Most responses proposed that UNCRC training should be mandatory for all professionals working with children and CPD should incorporate a requirement to be trained in depth. It was pointed out that education for children and young people on rights must be supported by professional training. As an example of the inter-dependence between professional training and effective implementation of the CRC, it was pointed out that the judiciary and officers of the court, particularly defence agents, need to have proper training in children's rights and how to deal with children, if legislation such as the Vulnerable Witnesses (Scotland) Act is to operate as Parliament intended. The view was expressed that if we are to take the UNCRC seriously as a statement of international law, training needs to be mandatory rather than optional and it was noted that incorporation of the UNCRC into Scots law would give it a higher profile and further understanding of its legal status.

There was a call for parents to be regarded as para-professionals and co-educators with regard to CRC training. In addition, it was suggested that the expertise on children's rights within local authorities ( CRO's) is considered as a resource to professional training.

13 Scottish Government intends to involve the established Partners group in the follow up to the COs and will look to work with a range of partners to better implement the CRC, in taking forward the actions identified in this response, and in the next reporting round.

A request was made that Scottish Government should strengthen the language used in relation to the Partners Group, moving from 'involving' to 'working in partnership'. A further point was that Government should circulate a timetable for the next reporting process and ensure that the process is transparent for all to contribute, including children and young people.

PARTICIPATION AND EQUALITY

14 Scottish Government is reviewing ASB policy and aiming to improve engagement at community level and consider ways in which to counter negative stereotyping of young people and promote positive perceptions. SG is working with stakeholders to develop a governance structure for delivery against the Youth Justice Framework.

Respondents welcomed SG acknowledgment that more needs to be done to challenge negative perceptions of young people and recognise their contribution. All responses agreed on the importance of national action on this issue. It was noted that lessons could be learned from other campaigns such as 'See Me' and the SG advert on age stereotyping, and that a multi agency strategy was needed to engage with the media. One respondent expressed the purpose of the strategy as 'to put greater value in our young people and encourage a more rational public outlook, rather than the swings between outrage about things that are done to young people, and outrage about things that young people do'. It was pointed out that the media often foments this ambivalence. One respondent commented that the media should be better regulated in the use of children in adverts and programmes.

It was commented that the strategy would need to be robust and should move the discourse away from ASB which had directly contributed to worsening the image of young people. The poor perception of looked after children needs to be challenged and a number of respondents proposed that these young people must be supported to take part in the Young Scot initiative.

15 Scottish Government will ensure awareness about the needs of all vulnerable groups when policy is being developed and will take action where required if discrimination is in evidence. SG will publish a race equality statement in December 2008 and develop the next stage of 'One Scotland, Many Cultures'.

SG initiatives in this field were welcomed but SG was urged to go further to tackle discrimination and promote equality and to go beyond the three strands of gender, disability and race. It was suggested that SG should refer in this section to the LGBT Charter of Rights. One respondent asked SG to consider positive action initiatives to address inequality and noted that Impact Assessment was as yet unproven in terms of effectiveness.

At UK level SG should seek to further influence the Single Equality Bill ensuring that the age strand covers children and young people. It was proposed that SG should monitor the situation of all groups of children vulnerable to discrimination. Furthermore it was noted that SG could impose duties on public authorities to 'encourage equal opportunities' under the Scotland Act 1998. Effectiveness would be enhanced if this duty was part of regulation and inspections including having relevant performance indicators.

Respondents noted that the impact of intolerance on children and young people was severe especially when it forms the basis of bullying and harassment. SG action in addressing discrimination by ensuring rights to further and higher education for young people seeking asylum is welcomed. There is a need to ensure these young people are entitled to the same choices, treatment and support as their peers. It was noted that financial and cultural exclusion also denies access to further and higher education opportunities.

One response suggests that SG give further consideration to equality tribunals, akin to those in the Republic of Ireland, as an alternative to redress through Sheriff Courts. The latter can be drawn out, expensive and judges may lack the necessary expertise and understanding of discrimination issues. These factors present obstacles to achieving justice for those who feel they have been discriminated against, which may be more acute for young people.

16 Scottish Government notes that Article 14 of the EHRC is enforceable in Scottish Courts and draws attention to the range of UK anti-discrimination legislation which differ in terms of their provisions. SG will work with UK government officials on the Equality Bill to ensure Scottish issues are taken into account.

Respondents asked that the Scottish Government represent the interests of under 16's in taking forward age discrimination provisions within the Equality Bill. In the harmonisation of legislation across the 6 equality strands, SG and the UK government must be careful not to lose some of the specifics in individual anti-discrimination legislation.

One response set out a key issue affecting legal action in the domestic courts under Article 14 of the ECHR. Article 14 is not a free-standing right to freedom from discrimination and may only be used in conjunction with another right guaranteed by the ECHR. This can prove problematic as the rights set out in the ECHR are far more limited than those in the UNCRC. Economic, social and cultural rights are largely excluded and yet these are areas in which groups of children can experience discrimination. It is recommended therefore that SG should seek to influence the Single Equality Bill which should not exclude an entire group of the population on the basis of age.

Given SG has powers under the Scotland Act 1998 to 'encourage equal opportunities' and impose duties on public authorities to that effect, there is nothing to stop SG from imposing such duties on public authorities and effectiveness would be enhanced if various public services inspectors and regulators explicity include this in their regulatory and inspection regimes including having relevant performance indicators.

There was a call for a broader approach to combat discrimination and the harm it can cause. This respondent agrees policy development must be evidence-based but points out that most policy towards naturism and nudity has no evidential base and is therefore indistinguishable from prejudice. The ECHR has a catch-all provision but in practice provides little protection. The Human Rights Act only addresses six equality strands thereby devaluing the suffering and harm caused by other forms of discrimination, thus measures to redress the balance are necessary.

17 Scottish Government will amend the supporting children's learning code of practice. Disability issues will be a key part of the SG framework on child poverty. SG will consider commissioning some research to examine the reality of discrimination against children with disabilities and provide funding for a Virtual Learning Environment to support the learning of young Travellers.

Respondents encouraged SG to give priority to research on children with disabilities, including consideration of social, ethnic and cultural settings. Statistics should be collated annually on children up to the age of 18 and record the type of disability. This would help planning of services given that at present different estimates of the disabled population are collated from different definitions, making it impossible to have a definitive source of information.

One response points out that SG's Disability Equality Scheme commits to 'a full legislative review of the ASL Act to improve education and support for children with additional support needs and disabilities.' This response also notes the commitment by SG to take forward recommendations from the HMIE review of 2004 Act, and to consider issues that have arisen following recent Court of Session rulings.

It was recommended that the service provided by many Councils of a 'taxi card' be offered universally instead of or in addition to a bus pass, in order to increase independence and allow young people with disabilities to play a full part in Scottish life, especially those seeking to attend and participate in further education. It is noted that young adults with learning difficulties have limited options on college courses available to them.The point was made that the Poverty Framework will have to contain practical measures to assist children and families. Access to the VLE for Traveller children will have to be ensured.

SG should consider research into the level and standard of education provision to children with disabilities, and to looked after and looked after and accommodated children who are excluded from mainstream education and receive minimum input.

18 Scottish Government will give prominence to best interests in any new legislation etc. SG will work to ensure the UKBA Code of Practice and statutory duty on staff reflects the Scottish context. Grant funding will be provided to Families Outside until 2010 and SG will continue its input to the SPS project looking at the rights of responsibilities of all its stakeholders.

Respondents drew attention to cases where the best interests of the child are neglected. The parenting programme at Corntonvale raises concerns in that the visiting rooms are not child friendly, the shortage of seating can prevent children being able to sit beside a parent, prisoner's visiting rights can be cancelled as a punishment, which violates the right to have contact with a parent. Respondents proposed that decision making by Judges should include a full factual report gathered through eg Child/Family Impact Assessments in order to secure best interests of the child. The judiciary, criminal justice staff and UKBA staff should have training on the UNCRC and ECHR.

SG is urged to take account of proposals regarding a Sentencing Council and hopes that Scottish Ministers will invite the Council to produce guidelines on sentencing decisions which take into account the best interest of the children of offenders who may be sentenced to imprisonment. While welcoming funding for Families Outside, SG is called upon to do more to ensure that the rights of prisoners' children are respected and asks that the final action plan provides more detailed proposals on these issues.

One respondent asked that the SG response should contain plans to encourage greater referrals to the CHS for 16 - 18 yr olds involved in offending behaviour. Another suggested that a clearer legislative framework could resolve some of the conflicts that prevent the best interests of the child being the paramount concern and a further respondent drew attention to the SCCYPCRIA tool which can help ensure that children's best interests are acted upon in different settings. It was pointed out that the best interests of children cannot be honoured while asylum seeking children continue to be detained.

One response called for SG action to monitor circumstances when financial considerations and resource shortages may take precedence over best interests in placements of looked after and accommodated children.

19 The UN Committee recommends that SG uses all available measures to protect the child's right to life. With regard to deaths in police custody, Scottish Government will keep the situation under review in conjunction with the police and other relevant agencies.

One Respondent drew attention to their engagement with the National Domestic Abuse Delivery Plan for Children and Young People and proposed the SG document should include, as part of the ongoing commitment in this area, that SG will monitor implementation via regular meetings with the CPC's.

Another response drew attention to the UN Committee's suggestion that preventative measures should be reviewed by way of implementing this recommendation, and in line with this, proposes still greater integration of children's services and in particular the active involvement of universal services (eg Health) in identifying and meeting the needs of vulnerable children.

SG progress was noted towards introducing automatic, independent and public reviews of any unexpected death or serious injury involving children in care or in custody. SG's intention, with regard to deaths in police custody, to keep the situation under review in conjunction with police and other agencies was welcomed. It was further suggested that Scotland, as in England, should have processes for reviewing all child deaths and it was suggested that a wider review in Scotland may be necessary. It was proposed that deaths of all looked after and accommodated children should fall under the mandatory category of FAI.

20 Scottish Government notes that the UN Code of Conduct for Law Enforcement Officers does not preclude the use of firearms in extremis and commits to keeping the situation under review

The UN Committee calls (inter alia) for an end to the use of all harmful devices on children and in the light of this, there is a call for SG to guard against further deployment of Tasers and to consider evidence regarding their harmful effect on children. Another response holds that the use of firearms is contrary to the articles and spirit of the CRC and recommends that SG put in place guidelines that prohibit the use of weapons against children. A further response notes that the use of firearms is controlled and kept under constant response and that the SG response is fair and reasonable.

21 Scottish Government is committed to doing more to ensure that the voices of children and young people are heard on all matters that affect them and will work with a wide range of partners to improve existing participation structures for children and young people in different settings.

Within the Participation and Equality theme, this set of SG actions generated the greatest number of responses. Scottish Government support for a range of projects supporting participation was welcomed in particular the identification of the need for a strategic approach to advocacy support through the development of a coherent national plan. In this respect SG was urged to have special regard to the needs of children with disabilities particularly those with communication difficulties. SG should take a strong lead to ensure that every disabled child is automatically included, in a genuinely participative manner, in planning and review processes unless they choose not to be, in which case an independent advocate should be appointed to represent their interests. Other settings were identified where participation was under-developed to date, such as taking account of children's views in family actions, and it was suggested that the operation of child welfare hearings should be examined in this respect in order to learn from best practice. Young carers were another group where we need to ensure their views are not excluded and similarly, children from minority groups. It was pointed out that the ASL Act places a duty on statutory authorities to hear the voice of the child but this can be selectively applied. SG should ensure that the participation principles set out in the Youth Framework are applied by local authorities and that there is adequate funding for delivering participation through youth work services. Participation in the Community Planning process was particularly highlighted. The role of Children's Rights Officers in providing independent advocacy for looked after children at reviews, children's hearings and in court proceedings was highlighted and SG was urged to provide adequate resourcing for advocacy support for looked after children.

In terms of enabling children to participate in decision making, respondents noted that using written information may be insufficient due to low literacy levels, sporadic schooling or additional support needs and that children's views need to be elicited through carefully designed questions to ensure there is no bias. One response suggested that the term 'hard to reach' groups should be replaced by 'children and young people most marginalised and least engaged in the decision making processes.' Respondents felt that emphasis placed on participation by SG, and the commitment to work across government and external partners was commendable, and that consolidation of existing means and creative new approaches were needed to give children and young people a stronger presence in Scotland's civic society.

22 and 23 Scottish Government is committed to working closely with partners such as SYP, Article 12, the Children's Parliament and Young Scot in developing plans for more and better participation of children and young people in the development of policy and legislation.

Respondents welcomed the SG proposals. It was pointed out that many children have caring responsibilities and these must be addressed to allow for full participation. Organisations delivering participation programmes involving children must ensure full accessibility in terms of physical access, times of meetings, easy to read documents, geographical location etc. It was suggested that local authority CRO's and Who Cares? Scotland should be specifically identified as part of these government action points in relation to their support for children and young people's participation in decision making processes.

FREEDOM TO BE A CHILD

24 Scottish Government is examining the issues around Mosquitos and will revise ASB guidance in light of this review. SG will work with partners through the Youth Framework to counter negative stereotyping of children and young people and promote positive perceptions in communities.

The majority of respondents on this issue were very concerned about and opposed to the use of the Mosquito. The Scottish Government review was welcomed and in the meantime it was suggested the use of the Mosquito should be prohibited. Respondents pointed out that it discriminates against children in general, had no long term impact, serves to further alienate young people, and may have legal and health implications. The effects on very young children and disabled children were particularly concerning. One respondent felt it may constitute physical punishment.

The ASB review was welcomed and it was proposed that a balanced and proportionate approach is needed which considers the rights of children and young people as well as those of the community. The public and shopkeepers need to be made aware of the right to peaceful assembly and young people need to be aware of their responsibilities. It was stressed that children congregating for peaceful assembly have the same rights as adults and ASBO's should not be used to constrain children's use of public space. The need to promote a positive perception of children and young people in communities, and the worth of the contribution they make, was endorsed and interest was expressed in how the Youth Framework will address this at local level and through the media. Respondents felt there was a need for targeted interventions when appropriate by detached youth workers working within a multi agency context, reflecting a preventive rather than punitive approach.

The Young Scot initiative was commended but a note of caution was added with regard to capturing the views of the most marginalised young people which requires further consideration by Scottish Government and the local authorities.

25 Under the GIRFEC programme, Scottish Government is developing eCare, an electronic information sharing system which will ensure consent is given except when there are compelling, justifiable child protection reasons to do otherwise. Also looking at guidance from the National Archive in 2009 to consider whether further changes are required.

Respondents broadly welcomed these developments and the commitment of Government to ensure children's privacy is protected. It was noted that it is an offence under s44 of the the Children (Scotland) Act 1995 to cause a child to be identified who is part of a children's hearing proceedings, and that the ECHR gives protection to children's right to privacy as well as adults, and in this respect is enforceable. One response pointed out that implementation of a child's right to form and express a view was applied inconsistently in law which reinforces the importance of information only being shared with the consent of children and their parents (other than in the circumstances described.) Work to clarify when information can be shared without a child's consent was welcomed, and the justification in law for the right to privacy being breached was set out in one response.

The drive towards an information sharing culture was welcomed in the interests of child protection and the role of child protection inspections was commended. The view was expressed that these developments should continue to be supported and resourced.

It was pointed out that national care standards apply to secure accommodation, school care accommodation and fostering and adoption services as well as care homes for children.

26 Scottish Government will ensure that children continue to be protected and privacy maintained through the legal underpinning of the children's hearing system and the provision for the anonymity for children under 16 who appear on a charge before a criminal court.

Respondents agree with the current provisions to protect privacy and anonymity of children and young people. Given the scope of the UNCRC, it was suggested that SG could explore what added protections could be provided for young people aged 16 and 17 who appear in court The Criminal Justice and Licensing (Scotland) Bill currently before Parliament affords an opportunity to take forward this issue.

27 UK legislation protects some of the rights of children on TV shows, and Scottish legislation regulates the hours they can work. Legislation regarding the privacy of children on reality TV shows is however a reserved matter. SG will explore this issue with the UK Government and consider protective guidance for parents/guardians can be developed with Scottish Screen.

Scottish Government's approach in Scotland, and engagement with the UK government to ensure children's rights are taken into account, was supported.

28 Scottish Government is working with partners to ensure that guidance on restraint is current and continues to reflect good practice. With reference to restraint, single separation and searches, SG will work with partners to have good practice enshrined in Care Standards for secure care and this will be reflected when providers are inspected.

Respondents endorse that restraint should only be used as a last resort to prevent harm to the child or others. It was pointed out however that feedback from practicioners suggests the reality is somewhat different. It was emphasised the pain distraction techniques should not be used on children although there is permission for escort services staff, under the terms of the PECCS contract, to do so. It is highlighted that these staff are not trained in restraint methods suitable for children.

Scottish Government is asked to involve Who Cares? Scotland and Children's Rights Officers in work with partners to develop guidance on restraint, and in the areas of search and single separation. It was noted that even when regulations are clear, practicioners are often not assisted by them in determining when they can intervene legitimately, given the complexity of situations. There is a need for detailed guidance based on human rights principles to ensure practice is proportionate. This work would benefit from a firm timescale given the absence of separate standards for secure care at present. It was noted that there are existing standards dealing with restraint and that SIRCC is leading work to develop 'Holding Safely' and the Care Commission is contributing to this. The latter initiative is likely to consider personal searches and isolation of young people within secure services.

One response commented on the need to hold young people for shorter periods in secure care. Three months can be damaging to emotional wellbeing and more frequent reviews are necessary. Consideration should be given to more local secure care facilities ie outwith central belt. Restraint practice should be monitored and young people should have an independent advocate/supporter. Strip searching should be similarly subject to close monitoring and by medical personnel.

29 Scottish Government will continue its commitment to provide early support to parents through the Early Years Framework. The information booklet 'Children, Physical Punishment and the Law' will continue to be issued.

Government's position on the physical punishment of children received the largest number of responses within this theme. By a large majority respondents disagreed with Government's position and called for the law to be amended to ensure that children are afforded equal protection to adults from all forms of violence.

Respondents drew attention to a number of contradictions in Government thinking. Girls under 16 are permitted to be hit by a parent yet Government is campaigning for them to speak out about domestic violence. Government is driving forward the child protection agenda yet social workers are hindered by the current law providing a ready excuse for violence against children. The recent tragic death of a very young child in Scotland suggests, according to reports of the case, that an attack of this severity can be justified as a disciplinary measure. It was further noted that the legal permissibility and public acceptability of physical chastisement can prevent people acting on their concerns.

Respondents highlighted positive outcomes for children and families in other countries who have introduced a ban and research evidence from Scotland which showed considerable support for banning physical punishment of small children. Respondents called on the Scottish Government to drive cultural change on this issue and to close the anomaly in meeting our obligations under the UNCRC. It was commented that legislation can be persuasive in altering behaviour and that this should be complemented by a public information campaign and a commitment to enforce legislation alongside support for parents. Information and support needs to be targeted at all parents given the prevalence of physical punishment within families across all social groups. Scottish Government should give a clear message to encourage alternative forms of discipline and that violence in any form is not acceptable.

(Check wording )One response disagreed that physical punishment is harmful and maintains that the UNCRC contains no proviso to end corporal punishment of children. The respondent cites the authority of 'Biblical Christianity, the official religion of the nation', and the Sovereign's duty to uphold 'the Protestant Reformed Religion, established by law'

30 The draft revised Looked After Children Regulations will prohibit the use of physical punishment by foster carers and it is intended that this should cover kinship care as well. In the case of private fostering, the use of physical punishment is matter between the parents and the private foster carer.

Respondents agree with the ban on physical punishment by foster carers and kinship carers but point out the anomaly that birth parents continue to be permitted to administer physical punishment. One respondent expressed concern that it would be difficult to monitor kinship arrangements.

Respondents to the SG consultation document, as well as practicioners attending the seminars, were concerned that children privately fostered are not protected from corporal punishment, as well as the lack of oversight of private fostering arrangements and the arms length nature of social work involvement. Respondents argue that a complete legal ban would clear up the confusion.

It was pointed out as a factual correction to the SG document that local authorities do not regulate private fostering but have a responsibility for judging the suitability and for periodic visitation to ensure safety and wellbeing.

31 Scottish Government is committed to providing early support to parents and has a range of policies and programmes that provide support for parents. SG will consider whether the information booklet 'Children, Physical Punishment and the Law' requires updating and/or refreshing and work alongside partners to ensure that parents feel better supported and have improved parenting skills.

Respondents welcomed the focus on parenting support and parenting skills to avoid the use of physical punishment, though some felt this needed to go further in terms of providing funding and stronger policy commitment. It was agreed that the booklet should be updated in partnership with organisations who work with parents and it was also proposed that a booklet for children concerning the law was needed. There was a call for the promotion of non violent parenting to be reinstated within the Early Years Framework (having been dropped in the final draft) using the vehicles of a public information campaign and parent education.

It was suggested that statistics on crimes where the victim is under 16 should be gathered, and information collated where a defence of justifiable assault is entered, in cases of assault against a child.

32 Scottish Government will work alongside partners to ensure that parents feel better supported and have improved parenting skills.

Respondents broadly agreed with SG action and called for more evaluation of successful parenting programmes, which differ significantly across local authorities. It was suggested that national coordination would bring benefits. It was felt that there should be increased investment and availability of parenting programmes and links should be made between the Curriculum for Excellence and the parenting agenda. Within parenting programmes, the life long damage done to children by physical punishment should be highlighted.

33 Scottish Government will consider the UN Study on Violence and recommendations further and consider whether further work is required in this area

Respondents welcomed SG activity to move the national child protection agenda forward working through the 30 Child Protection committees. Through the inspection programme, improvements in raising public awareness and involving children and families in policy development were noted. It was suggested that SG should include in the Action Plan that the review of CP Guidance will be undertaken from a children's rights perspective, designed around the needs and perspectives of the child.

It was pointed out that the SG document should include reference to the introduction of the Prohibition of Female Genital Mutilation (Scotland) Act 2005, to remind practicioners and professionals that the practice is illegal in this country and highlighting the traumatic effects and medical hazards associated with the practice.

Three responses were received in relation to the UN Study on Violence, all asking SG to give greater commitment to the recommendation. Particular concerns were expressed with regard to the number of 0 - 4 yr olds referred to the Reporter as victims of abuse. It was also suggested that statistics on crimes where the victim is under 16 should be gathered, and information collated where a defence of justifiable assault is entered, in cases of assault against a child. A further suggestion was that SG should review or engage in research on the impact of physical punishment in families on children and young people.

FAMILY LIFE AND CHILDREN IN CARE

34 Scottish Government is continuing to work with COSLA on implementing the early years and early intervention framework. SG will lead a campaign on good parenting signposting where parents can access guidance and assistance, and work with partners in supporting parents and improving parenting skills.

SG actions were welcomed by respondents. There was a call for more coherent provision in early years services across local authorities and sustainable funding. The implementation of the EYF needs to be very well planned and have specific objectives which funders and providers have to match up to. It was observed that currently there is a significant reduction in the number of pre-school places thereby putting vulnerable families under more pressure. The role of the voluntary sector in supporting parents and developing parenting skills was stressed. Linking to Parent Councils was highlighted as important.

Respondents felt there should be more emphasis on work to involve fathers in child-rearing, encouragement of peer support amongst parents, support for younger mothers, support for parents/carers of prisoner's children and programmes to challenge and improve the way parents communicate with their children. Concern was expressed that the prioritisation of early years may serve to distract attention from the needs of parents of teenagers. It was considered important to make more specific services available for parents eg increase universal Health Visitor provision. It was pointed out that parenting programmes, the school curriculum and safe school practices should include the need to protect children from UV radiation

35 Scottish Government will develop with COSLA/local government improved support for young carers and review young carers policy within the revised Carers Strategy.

Welcoming SG initiatives respondents noted that there is a problem in identifying young carers and therefore of awareness of the numbers of young carers and support needs. It was suggested that young carers should be seen as a separate group within the overall carer policy. Their vulnerability creates different needs.

36 Scottish Government will consider data needs around children and young people's experiences of crime both as perpetrators and victims, as part of a wider strategic exercise on evidence needs and priorities.

Respondents welcomed SG proposals commenting that in the light of 'It's everyone's responsibility to ensure I'm alright' that monitoring the extent of violence against children should be a keystone in understanding the experience of children who are victimised. However respondents urged the SG to record details of all crimes committed against children. SG should consider establishing mechanisms to collect data about incidents of neglect, violence, sexual abuse, exploitation and maltreatment in the family, schools and all forms of care which may not always be recorded as crimes. It was suggested that SG consider setting up a national recording system and a system for the Care Commission to be immediately notified of all complaints, investigations etc, not just through monitoring at times of inspection. Concern was expressed about non-recording of crimes committed against under 16's and the view was expressed that the negative stereotyping of young people fails to highlight them as the victims of crimes such as ASB. One response suggested there was a need to examine conviction rates and sentencing policy and for better training on neglect for police personnel and other agencies involved in investigating. Data collection about young people's experiences of crime should include young people affected by imprisonment of a parent/carer as this is a high risk group about which we know very little.

It was suggested that SG should monitor how all agencies are working together to improve protection and noted that joint inspection Child Protection teams have an overview of how services record and respond to instances of significant concern. HMIE is developing with SWIA, the evaluation of local authority reviews of significant cases. Any deaths of children are reported jointly to SWIA and HMIE who prepare a report. The Care Commission investigates, in cooperation with MMIE and other partners, complaints of maltreatment within residential schools. It was pointed out that in 2010 the Care Commission will be publishing a 3 year review of how residential services have ensured the protection of children in their care.

37 Scottish Government will work through GIRFEC to develop a shared approach to the assessment of needs and risks and electronic sharing of information. SG will implement the National Domestic Abuse Recovery Plan for children and young people who have experienced abuse.

SG actions and the GIRFEC focus on better coordination of services to assess children's needs and risks were welcomed. Respondents urged that practicioners should be supported through the GIRFEC approach and that professionals need training to re-focus on the child's experiences not only the need of the mother and other adults involved. One respondent commented that in their experience, statutory agencies are not prepared for the use of electronic sharing of information and that the information sharing is confined to the statutory sector and does not include the voluntary sector. Respondents felt that SG should continue with efforts to communicate that child protection is everyone's concern and highlight the traumatic consequences of abuse experienced by children and young people affected. The most recent case of a child's death at the hands of his carer revealed that the public are still not always prepared to report concerns to the police or social work.

Respondents felt that the SG response to domestic abuse shows a good understanding of the issues and a practical commitment to assist children and young people in these circumstances. In addressing domestic abuse SG was urged to take into account a broader definition of violence against children in the home. SG was urged to consider adopting the proposals contained in Recommendation 2 of the report 'Common Knowledge' and to observe the protection of the child's right to privacy.

38 Scottish Government will provide funding of over £44m from 2008 - 2011 to address the range of violence against women issues. Monitoring and evaluation of the impact of the Vulnerable Witnesses Act will continue and consideration will be given to what further guidance might be required on communication with witnesses, such as children, who have communication difficulties.

Respondents welcomed SG's action to strengthen support for victims of violence and abuse across Scotland. It was noted that there was a need for better support for child victims of violence and follow up support for them, not only based on criminal proceedings. One respondent suggested that more needs to be done to provide training to non-direct services that engage with young people, on how to support those identified as victims of abuse/violence. Given the increased detection of organised paedophile rings, more support should be given to law enforcement and primary social contacts (eg teachers, youth workers) to improve detection of inappropriate activities and victimisation of children and young people.

The view was expressed that we need to examine not only the consequences but the causes of violence against women and girls which is rooted in our social system. Another respondent commented that the provision of funding from SG directed at female victims of violence was considered inequitable to male victims of female violence and their children, who may be 'victimised once again during legal proceedings' and are at risk of losing their homes and contact with their children. It was noted that HMIE child protection inspections evaluate provision of a range of recovery services to support victims of abuse.

SG's commitment to monitoring the impact of the Vulnerable Witnesses Act was welcomed. The importance of providing resources which can engender consistency of experience for children involved in legal proceedings was highlighted. It was noted that looked after children who find themselves in legal proceedings against adults who have harmed them can have the support of a CRO and that SCRA has developed a child witness policy which supplements the measures in the Act.

39 Scottish Government draws attention to its regular meetings with Child Protection Committees where concerns with regard to the provision of recovery services etc can be addressed.

The view was expressed that recovery and counselling services are often reported to be inadequate especially for young people in secure units. It was proposed that SG consider whether there are gaps and in what areas. It was pointed out that recovery services are subject to evaluation by HMIE and findings of inspection are disseminated to Child Protection Committees through quarterly meetings and annual good practice events. The comment was made that that role and authority attached to lead CPC officers should be clarified.

40 Scottish Government will conclude detailed implementation of 'We can and must do better' and then review priorities for further action.

Respondents expressed support for strong SG leadership in this area and stressed the importance of better standards of corporate parenting with clear responsibility. It was considered that meeting the objectives of the action plan would require an end to children being encouraged to leave care at 16, targeted resources to increase the quality and quantity of supported accommodation for care leavers, access to mental health programmes, additional resources to counter the impact of early abuse and neglect, access to dedicated link teachers and incentives for local employers and trainers to offer opportunities to looked after children. The gap between law and policy, and practice was highlighted and it was therefore viewed as essential for SG to monitor impact of the various initiatives to ensure they are having the desired impact and actually improving outcomes for looked after children. Recommendations made in the report 'Sweet 16? The Age of leaving care' ( SCCYP) should be constantly monitored to ensure real and lasting change. Local authorities pointed to the establishment of a looked after and accommodated children's forum, the need for SG to commit resources which are ring-fenced, and the need to focus on looked after children who are often less well supported than looked after and accommodated children by services and underachieve as a result. Some concern was expressed at the use of the short terms LAC and LAAC which may have negative connotations - should these acronyms be dropped?

41 (and Row 46) SG will support a programme of training and guidance for children and young people who are looked after away from their birth parents, including contact issues.

Respondents requested that contact with siblings and grandparents should be considered in the context of issues around contact. Looked after and accommodated children often raise concerns about separation from siblings. One response advocated the right of grandparents to have information on their grandchild's welfare. More detail was requested about this proposed SG action. In terms of training directed at children and young people, one respondent proposed that it should include assertiveness and self advocacy.

One respondent called for research into the impact of contact issues on young children and the detrimental nature of erratic contact arrangements. Another response noted their support for the recommendation that 'care plans are implemented and the service promised to each child is delivered.'

42 In relation to low income as a contributory factor to children being taken into care, Scottish Government will do all within its powers to help halve child poverty by 2010 and to eradicate it by 2020.

Respondents agreed with the Committee's recommendation that parental low income should not result in children being taken into alternative care, and endorse SG action. It was pointed out that poverty should not be equated with abuse or neglect and never be a reason for taking children into care even temporarily. Government was urged to tackle women's poverty as critical to success in ending child poverty.

43 SG will work to agree priorities for advocacy and a national plan of action to improve advocacy support. SG will consider, as part of the new proposals for the inspection of children's services, how information on children's complaints can be gathered and evaluated.

SG proposals were welcomed and two respondents called for the right to advocacy to be enshrined in legislation. Others called for fully funded advocacy services to be available for every child in care as a priority group. SG was asked to note that many local authorities already fulfil this duty via CRO's and that this role needs to be embedded throughout local systems. The view was expressed that there should be more radical solutions to ensure that advocacy needs are met (including legal representation) in all meetings, hearings and agency engagement, not only relating to those in care.

It was proposed that all independent advocates working with children and young people should be consulted on the ways in which children's complaints can be better gathered and evaluated. As well as complaints monitoring in the inspection of services, it was suggested that it would be useful to put this together with information collated from all other sources of young people expressing their views. Children have the right to express their views on the standard of care without having to make a complaint and we should better capture this information and consider it alongside complaints activity, especially as the latter is relatively low/infrequent. We need to better evidence that we are listening to children and acting on gaps or service improvements that they identify even if it cannot be immediately addressed due to resource implications.

One response suggested that conflict resolution be used as an approach to deal with children's concerns. It was also noted that the provision of child-accessible complaints mechanisms is especially challenging for those working with very young children and those with profound disabilities.

44 Scottish Government will provide funding until March 2010 to support Families Outside.

SG action to provide funding to support prisoner's children through Families Outside was commended. It was viewed as regrettable that a number of good projects addressing the needs of these children were only funded for short periods and long term funding of more direct support across Scotland through local, national and non governmental organisations was called for. Practicioners have voiced concern at consultation events about the situation of children of prisoners and commented that there is a lack of information and awareness of where to go for help and advice. Practicioners were unsure about many aspects of supporting children and families affected by parental imprisonment and pointed to the need to promote good relationships between children's services and criminal justice services. It was suggested that SG give further consideration to what more it can do to meet the needs of prisoners' children.

45 Scottish Government will consider the situation of children with disabilities in residential care as part of the wider National Residential Child Care Initiative reporting in September 2009.

Respondents proposed a higher focus on family and community supports such as increased respite provision to keep children in their families or in their communities. Alternative models of provision should be researched such as intensive family support aiming to help children remain at home. One respondent called for improvements in assisting these children to communicate their needs and aspirations and increase their involvement in care planning and service design. One respondent proposed that looked after status should be granted to disabled children in 52 week residential placements although another respondent felt that some parents were already uncomfortable with the idea that their child was being 'looked after'. It was pointed out that children in residential school care are reviewed within the looked after and accommodated review system and inspected by HMIE (where the service has an educational component) and the Care Commission. Respondents looked forward to the conclusions and recommendations of the NRCCI.

47 Scottish Government will review learning choices for those aged 16 + to take account of the most vulnerable including those in care and develop the Curriculum for Excellence to take into account those at risk of poor educational outcomes.

Respondents agreed that more needs to be done to prepare children for the reality of independent living and SG were urged to have regard to the findings of the SCCYP report 'Sweet 16' and the link with 'Improving Scottish Education 2' ( HMIE). Several ways were proposed to take forward this agenda: in local authorities there are successful partnership agreements with local colleges to meet the needs of care leavers, and successful initiatives such as combined housing and employment packages could be expanded/replicated. One respondent drew attention to their 'Supported Lodgings Scheme', and it was suggested that Fairer Scotland funding could be used to expand successful projects.

48 No responses were received to actions in Row 48.

49 Scottish Government will take forward plans to introduce individualized data collection, and better data gathering around looked after children and care leavers.

Respondents endorsed the importance of tracking young people after they leave care in order to determine the effectiveness of the present system and to provide support. One respondent suggested that the Care Commission might form a single point of contact.

It was pointed out that CRO's and Who Cares?Scotland are not well enough resourced to form links with children in non-institutionalised settings, raising concerns about advocacy for these children. It was noted that care standards are not child-friendly and do not take account of lower literacy levels and it was suggested that SG should commit to funding a national awareness raising campaign and associated materials in order to make the standards more relevant and more accessible. SG should also note the establishment of additional care standards and practice guidance for young people placed in secure.

50 SG working with external colleagues will address the barriers to young people making a successful transition to adult living and continue to raise this issue as part of the corporate parenting agenda.

Despite guidance stating that young people should continue to be looked after until they are 18 if this is in their best interests, general resource pressures on placements for children and young people can put pressure on 16 - 18 yr olds to move on before they are ready and before they would want. Many young people therefore leave care at 16 and fail to sustain follow-on accommodation or employment.

Plans for leaving care need to be prepared well in advance with children and young people's input, and implemented. SG should commit to increasing resources to enable 16 - 18 yrs to remain within local authority care when this is needed. It was suggested that SG monitor and work with COSLA to give this issue a high profile in local and national indicators. One authority drew attention to their joint policy between the Throughcare Team and Housing Dept to ensure no care leaver should have to register as homeless to access accommodation. This policy also considers the suitability of the accommodation for the young person's needs.

51 Scottish Government will consider what further action it can take to encourage private foster carers to register with local authorities.

Respondents expressed concern with regard to the limited regulation, supervision or support in place to protect children and young people placed with private foster carers. Evidence suggests that numbers of children privately fostered are greater than officially recorded by local authorities. One Council has distributed publicity materials to highlight the need to inform the local authority of the intention to foster however additional resources are needed to ensure monitoring can be effective. It was noted that the role of the Care Commission is to consider the extent to which local authorities are fulfilling their responsibilities to children privately fostered. A paper is being prepared by the Care Commission for SG on private fostering, bringing forward proposals to strengthen private fostering arrangements. The view was expressed that these children are highly vulnerable there is a need for more scrutiny and wider public knowledge about the definition of private foster care and the requirement for these carers to be registered.

52 Scottish Government will publish recommendations by the multi disciplinary reference group to increase the range of foster and kinship carers and ensure they receive the support they require.

Two responses called for training to be added to the SG action ie that carers receive the support and training they require to care for children. It was also pointed out that before placing with kinship carers, a thorough assessment is required. Kinship carers should have designated workers and receive better financial support. One respondent called for residential care to be promoted and resourced as a high status, professional job.

53 Noting that local authorities have been provided with the resources they need, they will decide on their own priorities. SG will support local authorities through the NRCCI to ensure that the supply of residential child care is in place to meet children's needs.

Respondents noted that there were still gaps in services available to looked after children indicating that funding was not sufficient. In one authority area, it was noted that community mental health services only serve residentially housed young people due to budgetary restrictions, despite the clear needs of young people in foster placements, residential schools and secure accommodation. Similarly, dedicated link teachers have been cut due to budgetary restrictions. More resources were also requested so that children can be accommodated in their own authority area. This is important for their sense of identity, access to family and friends and to all services required in their care plans, including specialist services. The best interests of children should be the paramount consideration in the placement of children and the views of children should be taken into account in decision making about placements and placement moves.

54 In line with the corporate parenting initiative, Scottish Government will organise with COSLA a session for elected members to offer them the opportunity to share learning.

Corporate parenting is welcomed and ways of embedding this within local authorities are suggested, for example that corporate parents be invited to sign up to pledging to prioritise the needs of looked after children and to evidence their action in this respect, particularly at this time of economic downturn. It is proposed that there be a coordination and collation of the views and experiences of looked after and accommodated children from a wide range of existing sources, so that there can be analysis and evidence gathering of how we are listening to and acting on what children and young people have told us, and to ensure the views of children and young people continue to inform their corporate parents and bring to bear their influence on policy, service planning and practice.

55 Noting that the number and location of specialist nurses is a matter for NHS Boards to determine, Scottish Government will work with NHS Boards to identify all looked after children and ensure health assessments are carried out and to address identified needs to improve outcomes.

Two Councils responded to this action point, highlighting that their authority has specialist nurse provision for looked after and accommodated children. One Council notes that this service extends to post 16 yr olds. SG is urged to use all its influence to ensure this service is available to all looked after and accommodated children in Scotland.

56 As part of implementing the new Adoption and Children (Scotland) Act 2007, Scottish Government will commission guidance for practicioners which will support good and timely decision making for children who are being adopted.

The current development in legislation was welcomed but one organisation commented that they still see many children stuck in the system without clear and effective timeframes in place. Part of the problem is getting focussed and effective assessments in place particularly where children have been subject to physical neglect. A second response proposes that guidance include the provision of age appropriate information on their rights for children who are adopted, to be provided as and when appropriate. Information should include rights to identity, knowledge of and contact with siblings (if considered to be in their best interests and taking account of their views in making the decision.)

57 No responses were received to the action in Row 57

58 Scottish Government acknowledges the difficulties in resourcing and reviewing placements, and limitations on taking account of children and young people's views due to lack of advocacy support. SG will implement the Adoption Act regulations and revised Looked After Children regulations as described at 41 and 56 above.

Respondents pointed to the statutory duty to establish children's views by those responsible for their care regardless of the availability of children's advocates. The National Plan for Advocacy should include a commitment to advocacy for all children. It was suggested that regulation and inspection processes should always include a search for evidence that children's views have been sought and taken into account in decision making. It was pointed out that CRO's offer independent advocacy to looked after and accommodated children including those in foster or pre-adoptive placements.

Concern was expressed at the high number of placements experience by some looked after children and it was suggested that regulation and guidance may not solve the problem and the root causes should be studied by listening to young people's experiences. It was suggested that reducing the number of people entering prison would reduce the number of children entering care in the first place. The measures set out in the McLeish Commission would assist as would the use of Child/Family Impact Assessments by sentencers. This respondent would like to see published information on the numbers of children entering care due to the imprisonment of parents.

59 On family reunification, Scottish Government will work with others to develop a policy position and way forward.

One response was received to this action, offering to share detailed information on the difficulties faced by those trying to be reunited with their families and the specific problems of many refugees/asylum seekers who are granted indefinite leave to remain under the case resolution review.

CHILDREN AND YOUNG PEOPLE WITH DISABILITIES

60 Scottish Government measures include cross directorate coordination, a new post of Liaison Project Manager, working with the FSDC coalition, a commitment to disseminate information gathered to local authorities and COSLA, and continuation of support to voluntary sector through the Unified Voluntary Sector Fund.

Respondents generally supported SG actions to improve services and support disabled children and their families but regarded them as limited in scope and failing to address the fundamental issue of allocation of resources for disabled children and their families. It was felt that SG should acknowledge that services are inadequate which results in children with a disability not being identified. It was highlighted that practicioners are struggling, with current levels of staffing and structures, to identify or provide services for very significant numbers of children with a disability, particularly pre-school before ASL structures come into place. It was pointed out that Scotland's 10% share of the 'Every Child Matters' funding is not traceable within the GEA settlement and the SOA's provide no means of tracking the extent of provision made by local authorities. SG has no means of monitoring whether authorities are meeting their commitments on access to leisure, short breaks or transition arrangements. Respondents pointed out that the challenges are greater with advent of Concordat and there is a danger that children with disabilities will slip to the bottom of the priorities.

Respondents were concerned that too much responsibility would be placed on the Liaison Project Manager post. Concern was expressed that consulting and prioritising according to the FSDC views would skew the feedback to Government by emphasising the views of those who had succeeded in accessing services for their needs, resulting in an increase in socio economic inequalities in service provision for children and young people with a disability. The most deprived will not be represented on these groups as their disabilities are under recognised and under provided for.

It was pointed out that the definition of disability in childhood requires to be discussed and clarified, otherwise it will be unclear to whom the SG stated undertakings will apply. Other issues raised included the prevalence of bullying towards children with learning disabilities and the need to make consultation fully accessible to children/parents with learning difficulties. With regard to difficulties in providing homecare services for children with complex needs, one respondent suggests that the health authority consider making the service part of the hospital's HDU unit.

61 Scottish Government will work to ensure that issues around children and young people and their families with disabilities are integrated in the ASL Act, GIRFEC and the EYF - approaches that have early intervention at their heart.

Respondents agreed with the SG aim to identify and meet children's needs early to prevent longer term difficulties. One response proposed that early intervention should be first stage in any early identification programme, enabling parents to develop parenting skills specific to needs of their disabled child. It was highlighted that a high proportion of people with learning disabilities end up in the criminal justice system, emphasising the need for early intervention. Particular care should be given to 'hidden' disabilities.

With regard to the ASL Act a number of difficulties were highlighted where the Act is not working in practice, including placing requests, consistency across Scotland in relation to mediation and dispute resolution, access to CSP's for children in the looked after system and continuing support in the post 18 yrs. There was a call for baseline data to be collated. The failings identified through the HMIE report were highlighted: the gap between law and policy and practice, failures in disseminating information to parents and to young people, poor inter-authority arrangements and a need for better engagement of health and social work services.

It was noted that although it is appropriate to refer to ASL, GIRFEC and EYF in this section, Health for All Children 4 is the key policy in terms of recognition of possible disability in the early years, and care pathways for appropriate assessment and management. This response notes that no Health Board has yet been successful in developing and implementing the full set of recommended care pathways and suggests that the reason will be lack of capacity and resources

62 Scottish Government notes that there is a significant range of training available for professionals working with children with disabilities, both in qualifying course and CPD.

Despite the range of training opportunities described, respondents felt that across the board the picture was less positive in reality. A call was made for all professions working with children and young people with a disability to have mandatory training. First line training should include awareness of disability issues and special educational needs. CPD should include mandatory courses on disability issues, ensuring that courses cover learning disability as well as physical.

Particular attention was drawn to the inadequacy of initial teacher training. Other priority groups for improved training included CHS, police and staff in YOI's. Attention was drawn to the over-representation of young people with learning difficulties in YOI's. The success of the speech and language therapy programme at Polmont was commended and should be extended. It was recommended that SG should work with professional bodies such as the Law Society and Royal Colleges (for health staff) to undertake a study of the awareness of child disability and rights and put appropriate training in place for all professionals.

It was thought that non specialist staff training is insufficient in depth and breadth. The drive for inclusion of children and young people with disabilities can mean they are placed in environments where the support is inadequate to enable them to reach their potential. It was suggested that financial support for training would assist NGO's, especially those at grass roots, to take up essential and specialist training and thereby improve the quality of service to CYP with disabilities. One respondent drew attention to the plan to develop an MSc in Paediatrics in Glasgow which will help Scotland begin to catch up with disability training for paediatricians.

63 Scottish Government notes that it does not currently have an over-arching children's disability strategy and draws attention to the rights contained in the Standards in Scotland's Schools Act 2000. SG will work with FSDC and Liaison Project Manager to support inclusion in communities and engage with stakeholders to plan to meet their rights and needs.

Respondents commented that SG commitments in this section are too vague to be meaningful and call for an over-arching strategy. Scottish Government should take a stronger lead in this area or it will continue to be secondary in important to others.

It as felt that the SG response focuses mainly on inclusion in education but consultation with children and young people has consistently highlighted their lack of inclusion in mainstream leisure and play activities. Respondents highlighted that it is essential to engage directly with children to find out what they want and how they want it delivered. A scoping study carried out by one respondent with young disabled people in two local authorities provides key messages in this respect. Similarly, another respondent notes that consultation with children and young people in their area has consistently highlighted their lack of inclusion in mainstream leisure activities. They do not want separate clubs and activities, rather to mix with all young people. For mainstreaming to succeed it was emphasised that adequate resources, funding and training need to be in place. One respondent called on SG to take steps to ensure that all organisations include children with disabilities, without parents and others having to fight for their inclusion. Legislation should be put in place so that children who face discrimination can easily claim compensation, to discourage organisations from discriminating against children with disabilities.

The view has been expressed that there is a need for a debate on what we mean by inclusion, particularly in the sphere of education and that it should not be equated with mainstreaming which is not always an inclusive experience. Practicioners feel that decisions on placement are taken on the basis of whether the LA can afford to fund the place, rather than the best interests of the child. There is support for the presumption of mainstream education for all children, but special schools should be seen as a positive choice when that best meets the need. The issue of young people wishing to associate with peers in community-based leisure and play activities is also highlighted in relation to those attending special schools. SG is urged to implement the recommendation made in the SCCYP report 'Handle With Care:the rights of children and young people with disabilities.'

64 In relation to awareness raising of disabled children and young people in Scotland, SG has developed the internal cross directorate coordination role and will work with the campaign coalition group to develop a programme of working highlighting the issues faced and how best SG can work with partners to address these.

Respondents made a number of suggestions in relation to awareness raising efforts which was considered to need more urgency. It was felt that SG should at the outset, review the body of evidence concerning issues faced by families of disabled children which is already available, in part through SG's own fact-finding exercises. It was suggested that SG should promote a public information and awareness raising programme in the media, educating the public to the fact that discrimination against children with disabilities is unlawful. SG should promote teaching in school raising children's awareness of the discrimination faced by children with disabilities and that it is unlawful, in order to promote zero tolerance in the next generation of adults. It was suggested that awareness raising should be channelled through all appropriate arms of the health service and links should be made with 'Every Disabled Child Matters' to share resources and expertise. It was further suggested that SG pursue plans to commission research into discrimination experienced by children with disabilities.

A note of caution was expressed with regard to the FSDC role which cannot be seen as 'the answer' to most of the issues raised.

65 Scottish Government will continue to monitor the UK position in respect of the Convention on the Rights of Persons with Disabilities and its Optional Protocol, and work with partners to consider any implications for Scotland.

All respondents called on the SG to actively advocate for the ratification of the Convention, taking the Scottish perspective into account. It was pointed out that UK government will only ratify the treaty with a number of reservations and SG was urged to influence the ratification process so that the treaty is accepted in full. It was further proposed that SG should work to the principles of the Convention whether it is ratified or not.

66 Scottish Government will consider the data needs around children and young people with disabilities as part of a wider strategic exercise on evidence, needs and priorities.

All respondents emphasised the urgent priority to develop a national database on children and young people with disabilities in order to ensure that adequate planning mechanisms (at local and national level), service provision and resource allocation is put in place. It was pointed out that without a national data gathering mechanism it is difficult to be certain that the data being used is accurate. In addition local authorities and health boards may differ in terminology etc. It was suggested should find out what data already exists and noted that all available data (eg from GP's) is not always easily accessible

It was proposed that the national database should include children and young people with carer responsibilities, especially those caring for someone with a disability. It should also include local provisions and support available to/accessed by them. One respondent noted that work completed by National Clinical Data Sets Development Group is not referenced in this section, which determined definitions around impairments in various fields and severity of impairment, specifically for children. SG could direct authorities and agencies to record data in accordance with these definitions which could highlight and monitor information towards improving services for this population.

A specific issue was raised with regard to the 'partial booking' system offered by some hospitals which require carers to respond before an appointment is made. It was thought that this system could discriminate against disadvantaged families who were less likely to respond.

It was requested that the mapping study of provision for students with complex needs in HE and FE (The Brite Initiative) should be acted upon.

67 Scottish Government acknowledges that transition is a key issue and will continue work underway in schools, colleges and the university sector and consider how best to coordinate these separate strands of activity.

Respondents agreed that transition from primary to secondary school and from children's services to adult services are crucial issues which needs to be well planned and involve the young person, family or carers. However it remains difficult due to lack of suitable resources and it was pointed out that more opportunities for supported employment, community supports and appropriate accommodation/resources would enhance opportunities for children and young people. One respondent called for a distinct transition service for all disabled children across Scotland.

One respondent stated that the problem stems from services not being designed around the individual. Too much time is spent on administration resulting in a waste of resources, with young people and families not knowing the outcome of discussions until the last minute. There is inconsistent implementation of the Education ( ASL) (Scotland) Act 2004. Despite the duty on schools to start transition planning one year in advance, this often does not happen and young people leave school with no prospect of accessing employment, training or FE. One respondent called on SG to go beyond 'considering work on transition' and ensure local authorities are fulfilling their legal obligations.

68 Scottish Government will work with partners to agree priorities for advocacy and to prepare a national plan of action to improve advocacy support. SG will carry out scoping work in this respect. SG will consider communication support aids and how gaps can be addressed, making it a priority to take account of the views of children with disabilities.

SG's proposed actions concerning advocacy priorities and an advocacy plan were generally welcomed. Respondents highlighted gaps in existing services, that the views of young people are not routinely included in individual assessments, reviews and service planning, which is particularly true for young people with complex difficulties. It was suggested that SG should consider engaging those who are skilled at communicating with children with disabilities to ensure the views of those children are canvassed and should also consider using peer communicators as appropriate. It was felt that more work needs to be done to involve young people who do not communicate verbally and there should be a presumption that these young people do have views and that the onus is on advocates, carers etc to develop tools/skills to elicit them.

One respondent felt that the commitment to work with colleagues to agree advocacy priorities, and reference to a national plan did not go far enough. SG refused to include a child's right to independent advocacy within the ASL Act. Parents' views of the best interests of their children can sometimes conflict with the local authority's view but the local authority cannot act as advocate for the child other than in circumstances of child protection.

Respondents agreed that listening to the views of disabled children is a start, but that communication support aids are essential for real communication to allow full participation in society. With regard to improving communication support, one response suggested that SG consider evidence on how to address gaps from John Bercow MP's review of services for children and young people with speech, language and communication needs which includes establishing local pathfinders to develop good practice guidance and investment of £1.5m in grants to support alternative and augmentative communication. This raises the issue of who funds communication support, whether education or health, which must be addressed.

Linking to Row 66, access to a database of disability would enable a service to be developed to ensure children and young people with additional communication support needs would have their needs met. One respondent recommended this work should be integrated into the wider interpreting, translation and communication programme being developed with the Equality and Planning Division of Health Scotland. It was considered important to pay attention to equipping those working with children and young people with disabilities with the necessary communication skills, strategies and tactics.

69 Scottish Government will develop new guidance on exclusion from school which will include support for the needs of children and young people with disabilities. Guidance will focus on prevention and management of exclusion.

There was agreement that school exclusions in cases of children and young people with disabilities should always be the last resort and careful consideration should be given to what factors are causing disruptive behaviour eg lack of appropriate support or equipment. Any accessibility strategies should be published. It was pointed out that while the scope and intention of the ASL Act is noted in the document, there is a need to ensure the full implementation of this legislation. This is particularly relevant to young people identified as having difficulties in terms of social, emotional and behavioural support needs. One respondent considered that ASL Act should be amended so that it is not in breach of the ECHR in that at present children with disabilities can be treated less favourably than children without additional support needs.

It was pointed out that it is difficult to access effective provision for nursery age children with additional support needs due to inadequate funding to provide a sufficient number of pupils support assistants to allow children with significant impairments to benefit fully from nursery places. Pupils with disabilities need to access after-school provision with support if necessary. Many facilities cannot cope with additional support needs and this has impact on parents' ability to work/family finances. There is a need to acknowledge that support is needed to help young people develop friendships and social skills as key part of their lives. The view was expressed that measuring attainment of disabled pupils should not only be about grades, but also progress towards fulfilling potential.

It was noted that despite the Disability Education and Equality legislation which is in place, problems continue to be experienced in IT procurement decisions which too often do not take account of disabled children and young people's access requirements in schools.

SG was asked to ensure that LA's provide education for children when they spend long spells in hospital or are ill at home.

70 Scottish Government will continue to make the case to UK government for a benefits and tax credits system which provides security of income, supports transition to employment and allows those who cannot work to live with dignity. SG will look at ways it can work to maximise income for key groups including a focus on uptake of benefits.

Respondents welcomed action to improve access to benefits, and the representations of SG to Westminster on this reserved matter. It was suggested that SG could also address the issue of Scotland's share of the £340m allocated to disabled children. It was emphasised that resources available to families and children experiencing hardship or deprivation be made available to them quickly and this is equally true for families experiencing disability. SG was asked to take a proactive approach to identifying and supporting individuals and families to access benefit entitlements. Families continue to experience difficulties around benefit applications which are not user-friendly. Furthermore it was suggested that SG should press the UK government to include information about disability benefits with child benefit information and through the media so that all families are aware of their availability. SG should encourage professionals working with children with disabilities to routinely check that families are receiving all financial assistance entitlement.

With specific reference to children who are hospitalised it was proposed that SG should press the UK government to amend benefit rules so that children with complex needs can receive benefits whether in hospital or not, in circumstances where parents continue to incur exceptional costs. Parents who continue to care for their children while they are hospitalised should receive a carer's allowance. SG should press the UK government to introduce additional financial support for children whose health care needs result in exceptional expenditure such as washing costs, heating costs etc. and ensure that children who have regular requirements for exceptional items (not provided by the NHS) receive additional funding.

71 Scottish Government has committed in the Concordat, with COSLA, to make progress towards an additional 10,000 respite weeks p.a. and has a manifesto commitment to a minimum respite entitlement for those carers most in need by 2011. SG will issue revised short breaks (respite) guidance.

Respondents welcomed improved respite care for parents/carers of disabled children. Concern was expressed that targeting carers 'most in need' may unduly restrict access by deterring those entitled from coming forward. Because the additional respite provision for carers is to be shared across all age groups and targeted at those most in need it was felt that the overall increase in respite for families will be small. Concern was expressed that respite can sometimes be reduced because a child has accessed a mainstream social activity. It was emphasised that there is a need for systematic local planning to ensure that respite breaks meet the needs of families and are high quality and appropriate to families' needs including siblings. One respondent called for an accessible national respite service to be created.

It was pointed out that children with disabilities also have needs for respite particularly those with carer responsibility as well as children with exceptional health care needs requiring registered nursing care.

It was pointed out that local authorities require to be funded adequately to deliver on this commitment or it will merely raise expectations which cannot be met. There is a perception that local government are freezing/cutting services given the current financial climate. It was noted that the SG/ COSLA commitment to progress towards an additional 10,000 respite weeks does not reflect the commitment given by Westminster in ring-fencing £34m to improve services for disabled children, and that lack of ring fencing precludes monitoring what has actually been delivered at local authority level and evaluating quality and availability of service improvements.

HEALTH AND WELL BEING

72 Scottish Government plans to introduce a Patient's Rights Bill that will include the right to an individual waiting time. SG will undertake a programme to create better access to GP appointments, and work with NHS Health Scotland in developing a national Translation and Interpreting strategy to improve access for those who do not speak English.

SG plans to address health inequalities were broadly welcomed. 'Equally Well' proposals were welcomed but there was a concern that 'Fair for All' has an over-emphasis on the elderly in comparison to children and young people. SG should ensure that the needs of children and young people are addressed in strands other than 'Age'. The Patients Rights Bill needs to acknowledge and incorporate into legislation the rights of the child patient and SG needs to take steps to ensure that children and young people are aware of their rights as patients and what steps they can take themselves to enforce them.

Respondents particularly highlighted the well-documented difficulties faced by young people in accessing GP appointments and confidential health services in rural areas. It was also pointed out that looked after and accommodated children in rural placements cannot access services they need such as CAMHS. It was noted that there is no mention of 'We can and must do better' and it was felt that the SG response should go further in emphasising integrating children's services and targeting the children and young people most at risk of missing out. SG was urged to tackle the inequality faced by young people transferring from child to adult services. Transition needs to be better planned, communicated and supported. The development of a Translation and Interpreting Strategy was viewed as an essential component to equality of service and access to care. One respondent noted that lack of transport and having to make multiple journeys to meet an appointment has been identified as a significant barrier to accessing health services.

73 Scottish Government will monitor the delivery of the new HEAT target for faster access to CAHMS services, offer mental health training to all those working with looked after and accommodated children, ensure all new and existing CAMHS staff receive training on children's rights, task NHS Boards to ensure staff have access and training around rights awareness for children.

Respondents noted that mental health services remain difficult to access with some children experiencing lengthy waiting times which are very distressing for them. Services are not available throughout Scotland. The new HEAT target is welcomed and SG was asked to indicate how the target will be monitored and what steps will be taken to address a lack of service delivery. The lack of access to mental health services has a knock on effect for GIRFEC and the EYF as well as constraining the efforts of agencies to meet the needs of such children. It was also pointed out that some health boards provide CAMHS up to 16 yrs while others extend it to 18 yrs.

Respondents highlighted the growing need for a range of mental health services in school and in the community and cited the high rate of suicide in the adolescent population. It was also proposed that trauma recovery services for children who have experienced sexual abuse are a clear priority. It was proposed that Community Health Partnerships should be responsible for delivering a standard set of local, child friendly children's mental health services.

The focus on mental health issues by the NRCCI was noted and it was suggested that the SG response should include, with reference to the NRCCI, the commitment to establish new care standards and good practice guidance for secure accommodation. It was felt increased capacity within CAMHS should be made available for all looked after and accommodated children. It was proposed that primary school pupils with social, educational and behavioural difficulties should be able to access counselling at school, community based approaches, family counselling and play based therapeutic approaches. It was further suggested that young carers be identified as a vulnerable group in need of support. The 'Health and Wellbeing Strand' of Curriculum for Excellence was viewed as an important new vehicle to raise awareness amongst children and young people around mental health issues and the supports available to them.

One response noted concern that the SG response does not include reference to existing government guidance with regard to school-based counselling services (Healthier Scotland, 2005 p36). There is a target within this to have 'confidential, accessible and non-stigmatising counselling support for staff and pupils both within and outwith schools' in place in all Scottish secondary schools by 2015. Implementation would address some of the issues highlighted.

The prevalence of mental health problems among children with a family member in prison was highlighted. Greater support could be provided by raising awareness of generic health and mental health services of imprisonment as a factor. Trained playworkers in prison visit halls are well placed to access and source support for this high risk group. Similarly, Prison Visitor Centres offer a means for organisations to provide support, although these exist at only three prisons at present.

The importance of recognising the traumatic effects that domestic abuse can have on children was highlighted, resulting in a range of manifestations. These effects also apply to children who have been sexually abused. It was pointed out that it is vital that professionals coming into contact with children and young people are trained to recognise these signs and to consider domestic/sexual abuse as a factor. Similar effects are experienced by children from asylum seeker/refugee families especially those who have experienced detainment or detention. SG proposed action should therefore address the mental wellbeing of these children and outcomes should be monitored and reported.

One respondent noted that the lack of appropriate specialist learning disability in-patient units in Scotland, leads to small number of children and young people with learning disabilities and complex needs being placed outwith Scotland. Thus the needs of this group should be factored in to current plans to increase in-patient beds. It is vital to strengthen CAMHS services in order to reduce inappropriate in-patient admissions. There should be clearer guidance on referral criteria and thresholds for Tier 3 and 4 services and on priority areas for service development. There is support for priority to those self-harm, have eating disorders or have experienced trauma, and priority for the development of services for young people with learning disabilities should be added.

Attention was drawn in one response to the mental trauma and discrimination (eg in recruitment to jobs) which is experienced by children and young people with chronic skin disease and conditions such as acne. More awareness and sensitivity was called for on the part of, for example, teachers and GP's and it was highlighted that this these conditions can result in the child or young person being bullied.

74 Scottish Government acknowledges that no coherent plan exists for the provision of advocacy support and the Children's Rights Team is carrying out initial scoping work to look at what currently exists, what gaps there are etc.

Respondents welcomed this important initiative and viewed high quality independent advocacy services for all under 18's with mental health problems, whether in patients or community based as vitally important, recognising that there is a significant gap here. SG is asked whether it plans to review the extent to which the statutory duty to provide advocacy is implemented across Scotland. It is noted that mental health is a major concern with regard to looked after and accommodated children. Because existing mental health services tend to be targeted at adults and older people, it was noted that young people are vulnerable to being placed on an adult psychiatric ward. One respondent proposes that advocacy for children needs to be addressed across healthcare provision and staff need to ensure children and young people are aware of and able to access those services which are in place. Advocates involved with young people need to be fully aware of and trained about children's rights issues.

75 and 76 Scottish Government will continue to work with the Food Standards Agency to support NHS Boards in attaining Unicef Baby Friendly Accreditation within Maternity and Community Settings

SG's approach in this area was thought to be strategic and coherent and was welcomed by respondents. It was suggested that a new line be added to this section referring to SG's recent commitment to fund a Baby Friendly Initiative Professional Officer. It was highlighted that acutely ill children in acute paediatric hospitals, and paediatric wards within acute general hospitals, need a similar initiative and supporting structures to the baby friendly hospital initiative to prevent breast feeding being abandoned.

The view was expressed that that positive campaigns around breastfeeding can also generate moral pressure which can engender guilt and worry on the part of mothers who are formula-feeding. There was a need to raise awareness of these issues. Work by NHS Scotland to support less affluent and young mothers in overcoming barriers to breastfeeding were welcomed. One respondent commented that prevailing societal attitudes to breasts will continue to impede policies to encourage breastfeeding. The intention to include more information on the benefits of breastfeeding via the Curriculum for Excellence was welcomed.

Moves towards developing an infant nutrition strategy for Scotland were welcomed. The connection between improving levels of breastfeeding and achieving a local SOA outcome, ie a healthy range of BMI for children in Primary 1, was highlighted.

77 Scottish Government will continue work underway to address access to sexual health advice, information and services, noting that NHS Boards where there is a need, are proving translators and information in different languages.

Given the lack of statutory requirement for schools to teach sex and relationships education, respondents called on SG to take a more proactive approach on this issue. One respondent thought that health education, including sex and relationships education should be a statutory requirement for all schools and two respondents called for the same sex relationships to be addressed to ensure equality in information and support. It was proposed that SG should go beyond making sexual health materials available in different languages, to a more active engagement with communities, to ensure sexual health education is culturally appropriate and able to serve young people's health needs. SG was asked to consider making all information on sexual health advice and services accessible for young people with learning disabilities.

One respondent pointed to research evidence which shows that societies with a relaxed attitude to the human body have much better sexual health outcomes than less liberal countries including Scotland and expresses disappointment that the SG response does not address the impact of prejudices and social conditioning about the body, on sexual health outcomes such as teenage pregnancies. Another response was supportive of government efforts to promote a positive attitude to sexual health and sexual health services amongst young people and proposed that this work address issues of sexualisation of young girls and challenge negative sexist attitudes among young people. Specialist advice and information service for high risk groups such as young people in prison was felt to be essential and services introduced in this area should be extended.

It was noted that the Health and Wellbeing strand of CFE provides a helpful way forward and that a range of wellbeing issues could be drawn into a complementary framework including parenthood education. It was pointed out that in schools young people's experience of sex and relationships education is variable and young people have commented that youth workers delivering sex and relationships education is more a positive and engaging experience. Although the school setting was thought to be crucial, community/drop in resources which can be relied upon as impartial and confidential are also important for young people, especially those who are not attending school regularly. It was also emphasised that new ways need to be found to enable young people living in rural or remote areas to access sexual health advice safe in the knowledge that they will not be identified. There was a call for a national public information campaign on young people's rights to confidentiality, universal school nursing and/or counselling services.

Concern was expressed that the draft Sexual Offences Bill perpetuates the criminalisation of young people under 16 who are in consensual, non exploitative sexual relationships. Young people may be deterred from accessing support and help from sexual health services because of fear of prosecution or referral to the children's hearing system.

78 Scottish Government is taking forward the Early Years Framework with COSLA and other partners placing a focus on intervening early to support vulnerable parents. The ASL Act requires local authorities to meet the additional support needs of all pupils including teenage parents.

The EYF is welcomed but it was noted that support for young parents to continue in education needs to be backed up by financial resources such as childcare. It was thought that parenting classes, especially for young/adolescent parents are essential to enable young families to cope and manage more effectively, paying particular attention to those with either learning difficulties or disabilities, or with a child with learning difficulties or disabilities. The comment was made that the UK government's proposed Welfare Reform Bill could have negative effects in forcing young parents into low income jobs with a detrimental impact on time left for parenting. SG is urged to influence the development of this Bill to avoid this negative consequence.

It was felt by one respondent that SG should do more to dispel negative attitudes to young parents.

79 Scottish Government will continue with the implementation of the National Delivery Plan and plans to engage key stakeholders' views including young people through the pilot project with SCCYP and NHS Education Scotland.

Respondents welcomed Government commitment to consultation with children and young people in this area and noted the importance of continuing to seek the views of those who are not normally consulted, including those with complex communication support needs. The Young People's Health Advisory Group was particularly commended in bringing about a significant change in taking on board young people's view in relation to service development. It was suggested that SG continue this work at national level and support the establishment of local young people's groups to influence health issues and to bring local issues forward to a national level. It was suggested that Young Scot could be a route to engaging with young people on health issues.

80 Scottish Government will review its good practice document regarding children and young people and sexually harmful behaviour and continue to support the Champion's Group to identify, develop and share good practice in this field.

SG actions in this area were welcomed and the Champion's Group should continue to be supported. It was noted that there is a lack of resources for referral in this area which was thought to be an urgent priority. SG should consider how to better provide services for young people exhibiting sexually harmful behaviour and plan for adequate resourcing of effective preventative services.

81 Scottish Government will develop a campaign aiming to reduce the stigma and negative culture associated with sexual health and wellbeing in Scotland.

Respondents thought that improving the quality, including cultural appropriateness, of sex and relationships education in schools and in the community will contribute to changing attitudes. It was proposed that messages around teenage pregnancy should make explicit reference to the influence of alcohol and drug use as a factor in risky sexual behaviour. This should be linked to health education, sex and relationship education as a statutory requirement for all schools and must include issues around same sex relationships. It was noted that young people with learning difficulties needed to be supported appropriately by sexual health drop in centres and that training should be made available to teachers, support workers and youth workers. SG's move to a take a more holistic approach was welcomed but it was regretted by one respondent that the focus is still overly narrow. There is a need to challenge societal attitudes towards body tolerance in this country on the basis that the same attitudes that make nudity acceptable also result in much better outcomes for sexual health and wellbeing.

82 and 83 Scottish Government will continue with research work underway to inform how information about drugs and the consequences of their use is most effectively conveyed to young people, and will continue developing drug services in response to the needs of children and young people.

Respondents drew attention to the need for significant and sustained investment in community support structures addressing the impact of drug and alcohol abuse. Concern was expressed at the possibility of cuts to the funding of Drug and Alcohol Action Teams in some local authorities caused by changed rules under the Concordat. SG is called upon to closely monitor the level of service to ensure equity across Scotland. There was a call for the better understanding of the causes of young people's substance abuse.

Government commitment to increase the availability of psychological therapies for children and young people was welcomed. However steps need to be taken to reduce waiting times for access. Concern was expressed that young people with dual disorders may be mixing drugs or alcohol often to counteract the effects of psychiatric medication and health professionals and treatment centres need to be equipped to deal with these cases ensuring the young person is being treated for both problems.

84 Scottish Government draws attention to the new approach to support for children affected by parental substance misuse ( CAPSM), actions contained in the drugs strategy 'The Road to Recovery - Getting it right for children in substance misusing families' and highlights the additional funding made available to improve access to appropriate treatment for parents.

Respondents welcomed the actions of SG to protect children in substance misusing families. It was felt that urgent efforts should be made to tackle 'drink parenting' using approaches similar to those used to tackle passive smoking and learned smoking patterns. Government's aim to reduce overall alcohol consumption and proposals to regulate price and availability of alcohol was supported by one respondent.

It was noted that education and health professionals can be unwilling to 'rock the boat' in terms of addressing the issues with parents and there was a need for openness in order to reach children where these issues are hidden. A call was made for more account to be taken of children's rights in drug misusing families, which could be achieved in part by using an assessment model to support decision making that takes account of children's fundamental rights. When children's needs are best met by removal from birth families, it was proposed that decisions need to be made appropriately and permanent placements found quickly. It was felt that the potential of the extended family's role in supporting a child in these circumstances should be clearly recognised.

There was a call for the provision of locally based services for support of children and families affected by drug and alcohol abuse and multi disciplinary training to help staff, especially those whose main focus is on the parent, understand the effects on children of parental substance misuse.

85 Scottish Government will continue financial and other support for smoking prevention services and legislate in 2009 to restrict display of and further control tobacco products.

Scottish Government's actions were welcomed. It was noted that smoking cessation on a targeted basis is ongoing in one local authority in primary and secondary schools, and on a project basis with young people in communities and pregnant smokers, using incentives - approach which is to be rolled out to a wider age group. One respondent proposed that targeted and prevention campaigns need to be designed to address the differing attitudes of young males and young females. Another response called for more emphasis on society's responsibility to protect children from passive smoking rather than targeting measures solely at parents and practicioners..

86 In addressing obesity and eating disorders Scottish Government highlights the aim of improving mental health and wellbeing, the national Physical Activity Strategy and Scottish Diet Action Plan, the Joint Action Plan, issuing of policy advice and guidance to a range of agencies.

With levels of obesity on the increase respondents felt that more needs to be done. Respondents drew attention to the link between childhood obesity and the lack of safe access to outdoor play space and it was considered that cross departmental links should be made on this issue. SG was asked to support work with girls and young women on improving self esteem and promoting diversity. Access to good quality food and education on both nutrition and cookery skills are vital to tackling the issue and it was suggested that pilot projects could be rolled out across Scotland. It was noted that the impact of Healthy Eating Schools declines considerably in secondary schools where children can opt out of healthy food. It was suggested that more pressure is exerted on the media and advertising in relation to tackling both obesity and eating disorders and that within schools a holistic focus on 'self-esteem' may be an effective way forward. It was suggested that eating disorders may be exacerbated by censorious societal attitudes to the body in general and more openness and honesty about the body would have a beneficial effect.

87 Scottish Government will work with partners to take forward the 'Equally Well' recommendations through a Ministerial Task Force looking at the full range of health inequalities including child mortality.

Respondents drew attention to the disproportionate rate of child mortality and accidents among children living in areas of deprivation. Accident or unintentional injury is the main cause of death in 1 - 14 yr olds in Scotland and the most common cause of emergency admission to hospital in children aged under 15 yrs. The child death rate from unintentional injuries is 30% higher in Scotland than in England and Wales. This calls for accident prevention to run alongside health promotion especially in areas of deprivation in efforts to reduce health inequalities. One respondent proposed that tackling gender inequality was a prerequisite to lowering rate of child mortality given the demography of child mortality.

88 In fulfilling its health promotion role in schools, Scottish Government is looking at how the needs of transgender young people in schools can be more effectively met, will continue to support local authorities implementation of the 10 standards for Personal Support and consider how the Personal Support toolkit can be developed to address the needs of LGBT children and young people.

All respondents welcomed SG actions in this area and LGBT Youth Scotland resource 'Dealing with Homophobic Bullying in Scottish Schools' was seen as a big step forward. The additional research proposed on transgender young people is also welcome and overdue. Although it has raised broad awareness it was noted that the LGBT Youth Scotland resource has no specific sex education or sexual health remit which was felt to be needed. It was noted that although the Curriculum for Excellence creates an appropriate values based framework to address sexual health work in its Health and Wellbeing 'outcomes and experiences' there is no requirement to deliver LGBT-inclusive sex education at all. The view from the sexual health sector is that sex education in Scottish schools is poorly developed. It was pointed out that schools could be challenged in relation to sexual orientation through discrimination law.

Right to an adequate standard of living

89 Scottish Government is committed to taking forward aspects of the discussion paper on Government Economic Strategy relating to child poverty and will publish a tackling poverty framework setting out how it will deliver on the target of increasing the incomes of those in the lowest three deciles by 2017.

Respondents stressed the crucial importance of maintaining a focus on the eradication of child poverty by 2020 and noted that the impact of poverty on children differs from adults. SG was encouraged to examine child-specific measures of poverty and deprivation. SG was asked to work with the UK government to maximise the impact of policies and concern was expressed about the introduction of the UK Welfare Reform Bill which will mean that parents spend a large proportion of income on child care whilst time with children is vastly reduced. It was thought that SG steps should be clearer in terms of what can be done in the devolved administration and SG should make a commitment of specific resources. A major issue was noted to be the provision of childcare which is costly for the average family and clearly far more so for parents on low incomes. It was considered that there is an important link between women's poverty and child poverty with women heading up 4 out of 10 lone parent households whilst at the same time being disadvantages in the labour market.

90 Scottish Government's will deploy long term measures at its disposal to tackle the root causes of child poverty through devolved levers such as education, health and employment, and will consider how best to help those in the most severe poverty.

Respondents drew attention to the need to provide timely support to children and families to mitigate the effects of poverty and contribute to breaking the cycle, and drew attention to the centrality of GIRFEC and the EYF in this respect. It was pointed out that there are a disproportionate number of children affected by disability who live in poverty. Consequently, any policies related to the reduction of child poverty should necessarily take special account of these children. It was proposed that provision should be made to give financial assistance to all families who incur financial burdens when their children are being treated outside the immediate locality, especially at national specialist centres which would also reduce stress on the child and family.

It was requested that a timescale be attached to the commitment to undertake work on helping to eradicate severe poverty. It was also suggested that SG to commission research on the impact of the recession in Scotland, particularly on families on low incomes, which will be essential to monitor progress towards the 2020 target. The potential impact of the Welfare Reform Bill on lone parent families and families who care for a child with a disability was again highlighted. SG was called upon to consider how the UK Govt Child Poverty Bill could serve to bring together UK, Scottish and local government coordinated action to eradicate child poverty.

91 Scottish Government measures to support children in poverty include expanding the availability of free school meals, freezing Council Tax, the Fairer Scotland Fund and school clothing grants.

One response drew attention to the evidence showing that children from the most deprived areas are most affected by unintentional home injuries and have higher incidence of death from unintentional injury. These children and families have a particular need for support in home safety education and home safety equipment schemes. SG should consider similar scheme to that funded by DCSF and delivered by ROSPA in England, where parents are helped to make their homes safer by loan of equipment such as safety gates, fireguards, window locks and by sharing information about preventing accidents.

93 - 95 Scottish Government is developing an implementation plan to take forward 'Achieving our Potential' and will invest £7.5m in income maximization work between 2009 - 2011. SG funds voluntary organisations which provide support and information to families on low incomes.

The investment of £7.5m was welcomed but it is argued that more resources are needed to help those deemed to be 'Not in Education, Employment or Training', out of inactivity or negative activity and back into education or employment in line with the Lisbon agenda and national strategies. The view was expressed that more could be done at local level to ensure families have access to independent financial advisors for help and advice on the benefits they are entitled to. Further it was suggested that awareness raising with professionals such as teachers and health visitors would be useful so that they could signpost families to where they can get benefits advice and information. It was commented that the benefit system appears to be top heavy with long delays in processing. In addition the process puts the onus on the individual to justify their benefit entitlement and provide extensive evidence of need, which puts a further financial drain on families living in poverty in providing documentation, travelling to assessments etc. It was commented that SG should set out a clear plan for promoting the take up of benefit and tax credits in Scotland.

EDUCATION AND PLAY

96 Scottish Government has issued revised guidance for local authorities on improving access to education for disabled pupils and new equality guidance for school staff. SG plans to run an awareness raising campaign on what parents can do to support their children . New guidance on exclusion from school is being developed focusing on prevention and management and considering in particular, the needs of the most vulnerable pupils.

Respondents welcomed the guidance on improving access to education for disabled pupils and drew attention to how moving and handling difficulties often exclude children from participating fully in school - both in class and other activities such as trips - and the availability of the SCCYP report 'Handle with Care'. It was noted that additional support needs can arise from any factor creating a barrier to learning and support should involve education and other agencies where appropriate such as health and social work. One respondent felt that SG plans in this section are too vague and general and queried whether the guidance had been issued yet, as parents and carers they work with are unaware of it. It was also felt to be important to know about content of the proposed 'awareness-raising campaign' and timescales.

The intention to redraft the guidance on exclusions was also welcomed. Children who are marginalised because of additional support needs, looked after children and children for whom English is not their first language can be at risk of exclusion for prolonged periods and it was noted that for these groups it can be positive to remain in education post 16 so that they can take exams they may have missed.

Scottish Government was urged to make dramatic improvements in educational outcomes of children living in poverty a national priority and to adopt a coordinated and joined up strategy to achieve this.

The emphasis placed on enhancing the role of parents through the introduction of Parent Councils, and the approach taken to strengthen the capacity of parents to support their children was welcomed.

97 Scottish Government's new guidance on exclusion will highlight the importance of alternative provision which is of the same standard as education children would normally receive. This is in the context of exclusion as a last resort.

Respondents welcomed the new guidance and the principle that exclusion should be seen as a last resort measure. It was suggested that limiting exclusion reinforces the role of local authorities as corporate parents which should be recognised in this section. Scottish Government must stress the education authority's legal responsibility to provide education for excluded pupils and should acknowledge that some pupils at present are without adequate education for unacceptable periods of time while attempts are made to arrange alternative provision. In the same vein it was pointed out that mainstream schools are increasingly coping with behavioural difficulties by providing minimum part time education. This is masking the very real need for support and all children should have guaranteed access to full time education either at school or through alternative provision of the same standard. It was suggested that the success of restorative approaches in avoiding exclusion should be recognised in this section. One Council highlighted the development of Flexible Learning Packages, a partnership approach to bringing about full resumption of 100% school-based education.

In relation to children missing out on their education health grounds, it was proposed that health professionals be trained so that children have the right to access education when they cannot attend school or college due to being ill or in hospital.

98 Scottish Government 's new guidance on exclusion from school, 'Included, Engaged and Involved Part 2', will focus on the needs and support of the most vulnerable children and young people and will be developed in partnership with key stakeholders.

Of the two responses received on this action, one reported that guidance often seems not to be implemented and the new guidance on exclusions needs to make a real difference on the ground. The expected date of issue was requested. The second response, from a Council, highlights that a dedicated CRO offers independent advocacy advice for young people within education, whether they are in receipt of social work services or not, a service usually only available to looked after children.

99 Scottish Government acknowledges that there is no coherent national plan for advocacy services, Scottish Government will carry out initial scoping work and consult with others to agree priorities for advocacy and a national plan of action to improve quality and availability of advocacy support.

All respondents welcome SG proposals. It was noted that provision of Who Cares? Scotland services varies across the country and there are also gaps in advocacy services to looked after children, children with disabilities, children for whom English is not their first language and refugee and asylum seeking children. It was further suggested that the right to advocacy be enshrined in legislation.

Noting that provision of Who Cares services varies across Scotland, welcomes a scoping exercise looking at provision of national advocacy services. There are gaps in advocacy services to LAC children, children with disabilities, children for whom English is not their first language and refugee and asylum seeking children

100 Scottish Government acknowledges the challenge of dealing effectively with all incidents of bullying and proposes to continue to provide funding for respectme anti bullying service, Childline bullying helpline, develop a national approach through the Scottish Anti Bullying Steering Group and support the development of guidance on dealing with homophobic incidents in school.

Respondents endorsed SG commitment to anti bullying through respectme and the national steering group. It was felt that there is still a considerable way to go in ensuring that effective anti bullying policy and practice, which is critical to children's mental health and wellbeing, is in place in all schools. It was felt that the focus should be widened beyond education and opportunities need to be found to enable children to speak up and trust adults to deal with their issues effectively. One respondent felt that a clear statutory duty should be placed on local authorities and schools to develop and implement an anti bullying policy, involving children, and with a requirement on HMIE to inspect schools on implementation. It was felt that Scottish Government must stress that all schools, regardless of denomination must address and acknowledge all forms of bullying including homophobic bullying. Concern was expressed about the rise in 'sexual bullying' including abusive comments, homophobic abuse and unwarranted physical contact. It was pointed out that most naturist children keep their lifestyle secret to avoid being bullied but it does happen.

In terms of approaches to anti bullying, respondents proposed that restorative approaches to conflict resolution need to be embedded in schools and that there should be more emphasis on a preventative approach to bullying starting in early years and based on valuing diversity and difference. It was pointed out that young people with disabilities bully one another and the respectme service could perhaps assist in exploring this issue. One respondent commented that efforts to tackle prejudice-based bullying will only be effective if addressed alongside the bullying behaviour rather than as a discipline issue alone. Scottish Government was asked to spell out the timescale and plan of action for the national approach to anti bullying in Scotland.

101 Scottish Government will consider how UNCRC can be linked into Curriculum for Excellence and schools more broadly in the future. Revised guidance for Local Authorities on improving access to education for disable pupils is being prepared, highlighting the need to involve disable pupils in school policy and plans.

Respondents felt that targeted efforts are needed to enable meaningful participation of children and young people less likely to make their views heard eg children with social, educational and behavioural difficulties, those with additional support needs and children for whom English is not their first language. Pupil Councils should endeavour to have true representation of the range of children within the education provision. The revised guidance was welcomed and it was commented that the Curriculum for Excellence should offer new opportunities for the greater participation of children and young people but this would need to be driven by Government and local authorities. It was also noted that the recent move by HMIE to include inspection of external connections was welcome and could encourage a higher level of participation of children and young people.

102 Scottish Government supports local authority and voluntary sector networks and produces guidance towards improving relationships and behaviour in schools. The views of children and young people on indiscipline in schools and perceptions of pupil involvement will be sought in the 2009 Behaviour Survey and SG also draws attention to the new guidance on exclusion.

Respondents felt that this action would be strengthened by developing information for children and young people, and their parents/carers regarding their rights when excluded. Improved advocacy for children was also proposed so that the current legal rights of children and young people were more real and accessible. In terms of restorative practices, it was suggested that Scottish Government should encourage a whole school approach.

103 Scottish Government will consult on student support for higher education and consider how to extend to universities, the existing guidance for colleges, local authorities, voluntary organisations etc overcoming barriers to HE for disabled students.

Two responses were received in relation to this action point, one welcoming the SG response and highlighting productive local partnerships between the College and local schools, with interchange for pupils between schools and college and delivery of vocational training in one secondary school. The second respondent draws attention to the expansion of support for disabled students in higher education and the sometimes difficult adjustments that are required by establishments in line with disability equality legislation. It is pointed out that the changes needed sometimes fail to involve the young disabled person in the assessment and planning process. More research is called for in this area building on existing research findings, such as the apparently more negative experiences of students with mental health difficulties in relation to students with a diagnosis of specific learning difficulties. It is argued that there is a need for effective monitoring of the experiences and outcomes of disabled students by impairment, which should lead to more effective support for those at risk of academic failure.

104 Scottish Government will use the Early Years Framework as the first step in developing a more strategic approach to play but will consider whether further work is required once the Framework is complete. The new continuous learning framework will support equality of learning and career opportunities across the sector. Scottish Government will continue to work with Inspiring Scotland on a possible fund to support play.

Respondents emphasised the importance of Scottish Government commitment to play, pointing out that benefits will flow in promoting peaceful communities and healthy development of Scotland's children.

The strategic approach to play contained in the EYF was commended but given that it refers only to children up to age 8, calls were made for a wider focus to support the majority of children in Scotland, ie those between 8 and 17. Respondents called for a national play strategy and some felt there should be a statutory duty on local authorities to uphold the right to play of all children and young people in order to guarantee the implementation of Article 31 of the CRC. The SG commitment to consider whether further work is required was thought to be inadequate because it is clear now that further work will be required. With regard to taking forward play within the EYF, it was felt there was a need for guidance on how to put the goals of the framework into practice.

SG should ensure that their actions meet the play needs of disabled children and children with additional support needs, including providing opportunities for building friendships and thereby fostering inclusion. Effort should be made to expand the understanding of children's play amongst all professionals working with and for children. To support young people with learning disabilities into mainstream play provision requires further resources and training, as in education. SG was asked to confirm the availability and timescales for the Inspiring Scotland Play Fund.

Respondents highlighted the importance of arts and cultural life programmes and the need for appropriate resources so that children in all geographical areas could benefit. More funding is needed for out of school activities so that all children can attend.

From a health perspective, there was support for ensuring that children and young people have access to play, leisure and rest. This is especially important in the light of concerns about how limited access to play facilities contributes to childhood obesity. Attention was drawn to increasing pressures on children from modern living which may contribute to mental health problems. Consultation with children and young people in one Council area established that children would like more physical education in school. Children's rights to rest, leisure and play should be taken into account in homework policies especially for young carers.

It was pointed out that Naturists have great difficulty in obtaining use of leisure facilities such as swimming pools in Scotland. Often the pool managers will ban under 18's which results in children being unable to participate in an important part of family lifestyle.

105 Scottish Government will continue to work with planners and Community Planning Partnerships to ensure that play spaces for children are addressed in planning decisions and will continue to modernise the planning system including new requirements for proactive consultation with communities before submission of national and major developments.

Giving a broad welcome to SG actions, it was pointed out that the quality of play opportunities differs across geographical areas, an issue which would be addressed by a cross-departmental play strategy. However Scottish Government leadership could be hampered by the lack of statutory obligations around children's right to play. Scottish Government was urged to ensure that the under-used resource of school grounds are developed to meet the needs of children and school communities.

Respondents called for space standards for children's outdoor play space to be established. Planners should also consider how children can access and be supported in using play spaces. Public play spaces should be developed to reflect their value as shared public space, moving away from tired models of fixed play equipment. SG should raise public awareness of the importance of play, promoting tolerance of children playing out. SG was called on to limit the numbers and speed of cars in housing areas., making hospital and school space, derelict land available when necessary. SG should promote the vital need for play space to developers, not just equipment and buildings providing public services should have play equipment available.

With regard to community consultation on development, it was hoped that there would be age-appropriate consultation with children of all ages. One respondent highlighted that the Children's Rights Service engages with young people in the planning process and the education service works with Community Planning Partnerships to foster safety, activity and satisfaction of children's needs.

CHILDREN SEEKING ASYLUM

106 Scottish Government welcomed the decision of the UK Government to remove the reservation and also welcomes the proposed new duty on UKBA staff to promote the welfare of and safeguard children, and the Code of Practice on Keeping Children Safe from Harm.

Respondents welcomed the removal of the reservation, the commitment of Scottish Government to continue to work with UKBA on the development of policy and legislation, and action taken to develop services for asylum seeking children. It was noted from the series of consultation events, that there was confusion amongst participants regarding asylum seekers, refugees, EU migrants, non EU migrants etc and an apparent lack of information on where to seek help and advice.

With regard to the UKBA statutory duty to keep children safe from harm, it was pointed out that no equivalent duty exists in Scotland and Scottish Government is asked to ensure that the duty is respected in the Scottish context and that children subject to immigration control in Scotland are not disadvantaged by being in Scotland. Scottish Government is asked to seek clarification from UKBA on what training is being offered to all UKBA staff operational in Scotland. A number of limitations were noted within the Code of Practice: the low profile of the UNCRC and devolved differences, the lack of reference to the child's need for legal representation or guardianship, the focus is on safeguarding with little reference to children's welfare, the Code is silent on age assessment procedures and duties to those whose age has yet to be determined, and it does not place a duty on UK officials abroad. Despite the UN Committee recommendation, the Code envisages the continued detention of children and for excessive periods. Scottish Government is requested to ensure that appropriate referral mechanisms to the relevant agencies in Scotland are developed as required in the Code of Practice and to work with the UKBA Chief Inspector to ensure scrutiny of adherence to the Code in Scotland.

107 Scottish Government will continue its involvement in the development of proposals for an alternative to detention project in Scotland with a pilot commencing in 2009 in Glasgow. Scottish Government will continue to raise concerns about Dungavel and early morning removals with Home Office Ministers and UKBA officials.

Scottish Government opposition to detention in Dungavel and elsewhere is fully supported by respondents and the commitment to progress proposals for a pilot alternative to detention project in Scotland is welcomed so that failed asylum seekers can be housed in the community. Government is asked to plan for transparent and independent monitoring of the new project from the outset. Scottish Government is asked to do all it can to avoid families being transported to detention centres elsewhere in the UK and the importance of conducting the reporting and removal process in a way that avoids unnecessary anxiety for children is highlighted.

Scottish Government is asked to work with UK Government on a direct and independent complaints mechanism for those subject to enforcement powers of immigration officers operating in Scotland, including how complaints arising during cross-border movements can be made.

108 Scottish Government's commitment to ensuring that all UKBA staff in Scotland have appropriate training was welcomed and one respondent queried whether UKBA staff are subject to disclosure checks.

109 Scottish Government is exploring the adequacy of support that separated children in Glasgow receive and are liaising with Glasgow City Council and UKBA on discussions with regard to GCC becoming a specialist authority. Scottish Government plan to raise with UKBA the issue of guidance on children remaining in the formal care system until they reach 18.

Actions by Scottish Government were welcomed and respondents shared the concern that unaccompanied asylum seeking children did not always receive the support and services they needed including appropriate guardians. Asylum seeking status, as well as age is unclear and needs further work. It was noted that children accommodated often disappear and may be trafficked. It was felt that unaccompanied children should be able to stay in the formal care system as long as their welfare requires it, and should be properly supported thereafter.

Strong opposition was expressed to the UK government position that guardianship is unnecessary, which falls short of international obligations to refugee children. Initial discussions with Scottish Government on piloting a guardianship project were welcomed. It was noted that if Glasgow becomes a specialist authority, increased resources must be in place in advance and Scottish Government should raise this issue with UKBA.

110 Scottish Government will continue to work with the Immigration Advisory Service and Scottish Legal Aid Board to identify where problems exist in relation to the quality and availability of legal services for asylum seekers and to seek ways to address them.

It was proposed that legal representatives should receive special training, including communication with children and young people and awareness about the special needs and vulnerabilities of asylum-seeking children. Scottish Government may also wish to consider the 'Solihull model' which might be applied to Scotland in terms of early legal advice. A project to assess the quantity and quality of legal representation available to separated children in Scotland is currently being developed and Scottish Government is asked to give careful consideration to the findings of the study and to implement any appropriate actions.

Scottish Government is asked to support the development of a pilot project to provide increased legal representation to asylum seekers prior to the substantive assessment of their asylum claim. Scottish Government should enter into discussions with the UK government to ensure that early legal representation for claimants can be acheived in Scotland, noting that provision of legal aid is a devolved matter.

111 Noting that asylum statistics are largely a matter for the UK Government, Scottish Government is proposing to seek data from the UKBA on the number of asylum seeking families and children in Scotland and to discuss with Glasgow City Council what data/information it holds about the number of cases where there is an age dispute.

This action was welcomed. It was pointed out that The National Register of Unaccompanied Asylum-Seeking Children is the most appropriate vehicle to gather data on numbers in Scotland. It was felt that this source is under-used in Scotland and that local authorities could use it more effectively by ensuring that key people are identified and responsible for updating and monitoring the Register. This would also assist with targeting resources better towards these children. There has been a long-standing request to the Home office to produce asylum statistics by cohort which would assist with better planning and monitoring.

112 Scottish Government supports the UN Committee's recommendation that children should be given the benefit of the doubt in age-disputed cases and will engage with UKBA counterparts to determine what proposals they will be bringing forward to deal with age-disputed cases.

The clarification that children be given' benefit of the doubt' was welcomed by respondents although one respondent pointed out that in doing so, there could be risk for other children with whom they are accommodated. Scottish Government is requested to press UKBA to conclude this work and to publish their recommendations. It was felt that the new age dispute assessment procedures should be transparent and open to consultation.

113 Scottish Government will continue to make clear to the UKBA its opposition to the enforced removal of children.

Scottish Government's position on return of children was welcomed by respondents. Children should only be removed if an assessment has been made of reception arrangements and the removal is in the child's best interests. It was pointed out that with the removal of the reservation, decisionmaking on cases involving forced return, now need to acknowledge that the child's best interests be a primary consideration (A3 of the UNCRC) thereby bringing into force the wider child protection framework, laws and guidance. It is argued that this framework of wider obligations supercedes other considerations which are a matter for the UKBA.

114, 115, 116

Scottish Government actions and positions are supported by respondents. In particular, the support to the Lead Professional Team has been a very welcome development and it is proposed that the outcomes from the work should be made available and disseminated to stakeholders.

117 Scottish Government draws attention to the National Conversation which is exploring Scotland's constitutional future including consideration of Scotland having more control over matters that are currently reserved such as asylum and immigration. Therefore Government will consider asylum issues as part of the National Conversation.

A single but full response was received in relation to the above statement of Scottish Government's position. The response sets out a range of key principles and actions to be implemented by any Government which has competence for asylum in Scotland and offers to continue in dialogue with Government on how such changes can be achieved.

118 Scottish Government is in discussions with the UKBA to ensure issues and concerns about the effectiveness of the New Asylum model are raised and there are plans for evaluating its effectiveness.

Concern was expressed by one respondent that the New Asylum Model allows insufficient time for a full and comprehensive evaluation of an unaccompanied asylum-seeking child's protection claim. Each child should be allocated an independent advocate to introduce them to relevant professionals and guide them through the complex asylum system. There should also be speedy resolution of the cases of unaccompanied asylum-seeking children who fall within the UKBA's case resolution review.

119 Scottish Government does not support s9 of the Nationality, Immigration and Asylum Act (Treatment of Claimants) 2004 and disagrees with the use of destitution as a tool in encouraging failed asylum seekers to leave the UK.

Scottish Government position on this issue is supported but it was noted that if there is a repeal of s9, there will be a corresponding need for full and proper funding for local authorities. It is further noted that the consultation with the UKBA on reforms to the asylum support regime presents a further opportunity for SG to raise its concerns about s9.

120 In the light of the shortfalls in the provision of services for asylum children in Scotland, as noted in the 2006 HMIE report, Scottish Government will work with HMIE to consider the timing and focus of a follow up inspection and support Glasgow City Council to implement their action plan.

Respondents supported Scottish Government comments and response. It was noted that asylum seeking children can be at be at greater risk of prejudice and discrimination which can translate into bullying behaviour and negative impact on mental health and wellbeing. Scottish Government is asked to take account of this in planning support services, factoring in differing cultural and language issues.

Scottish Government is asked to ensure that the new scrutiny bodies in Scotland are aware of their responsibilities to scrutinise public bodies delivering services to refugee children in Scotland.

CHILD TRAFFICKING AND CHILD EXPLOITATION

121 In the light of the 2002 and 2008 Concluding Observations which recommended a study on the scope, causes and background of child prostitution and possible measures to address it, Scottish Government plans to consider what further work can be done to improve our understanding of the extent of sexual exploitation and abuse of children.

Respondents expressed particular concern that no complete set of information exists and that Scottish Government's proposed action was therefore not proportionate to the issue. Government is asked to strengthen its response by carrying out a study in line with the Committee's recommendation and respondents offered to contribute what information they hold. It was strongly felt that until the scale of the problem is known, Government cannot be confident the issue is being addressed fully and appropriately.

It was pointed out that in Glasgow in particular, unaccompanied asylum seeking children are entering Scotland having been trafficked and may be in danger of being re-trafficked or of being found by the trafficker. As there are currently no resources for victims of trafficking under 18, Scottish Government is asked to consider establishing a safe place/trafficking centre in Scotland so that victims are not moved away when in need of specialist support.

In terms of Child Protection Inspections, it was pointed out that links are made between the work of Child Protection Agencies and examination of the sex offender register. There is also ongoing scrutiny of provision for dealing with young people who sexually offend and four residential schools provide programmes for young people who sexually offend.

In relation to sexual abuse and exploitation in a more general sense, one respondent noted that that many people assume that nudity must be child abuse and that data collection of what constitutes sexual abuse must be based on clear evidence.

122 Scottish Government issued guidance on sexual exploitation through prostitution in 2003 which makes clear that this form of exploitation is abuse. Government draws attention to the fact that only a small minority of the most serious offences are prosecuted in the criminal courts, in accordance with the Lord Advocate's Guidance. The Children (Scotland) Act 1995 provides for proper care for any potential victims of child prostitution or other forms of sexual exploitation. Government plans to keep this issue under review.

Respondents emphasised that where there is clear evidence of sexual exploitation, a child should not be prosecuted and that children who have been sexually exploited or abused should always be regarded and treated as victims.

There was a suggestion that panel members needed to be aware of the issues around sexual exploitation and receive training and more information was requested as to how 16 and 17yr olds would be dealt with.

123 Noting that the matter of ratification of the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse is being progressed by the UK Government, Scottish Government is bringing forward legislation under the proposed Criminal Justice and Licensing (Scotland) Bill, and Sexual Offences (Scotland) Bill to ensure compliance in Scotland.

Welcoming Scottish Government actions, respondents proposed the UK government be encouraged to ratify the Convention.

124,125 Scottish Government is concluding analysis of their consultation on child trafficking and expects to issue formal guidance in 2009. Scottish Government will continue to work in partnership with UK government to ensure that Scotland meets the standards laid down in the CoE Convention.

Respondents welcome Government's actions. In terms of implementation in Scotland, respondents called for high quality training of professionals in the identification and support of child victims, and it was noted that internal trafficking of children should be included in any policies, guidance and plans. A commitment was made to consider in relation to inspection processes, how the profile of child trafficking and the skills of staff involved could be raised, noting that recognition and assessment of risk and information sharing are key processes of relevance to these areas which are evaluated within inspection.

It was felt by one respondent that the Child Protection statistics demonstrate that the issue is not yet visible. It was pointed out that children will be unlikely to come forward for help due to fear of prosecution and that children are drawn into criminal activity and thereby compromised, by those who exploit them. This respondent felt that the Government's response to the issue lacked clarity.

Government was urged to conduct a thorough evaluation of the Glasgow City Council pilot trafficking toolkit and a statistical analysis of the number of newly arrived young people who were identified as trafficking victims since the pilot began. Concern was expressed that young people are arriving elsewhere in Scotland where there is little specialist knowledge or provision, particularly legal representation.

YOUTH JUSTICE

126 Scottish Government's commitment to ensure the continuation and strengthening of the children's hearing system was fully supported.

It was pointed out that the figure of 99% of children being dealt with by the children's hearing system only applies to those under 16 yrs.

Respondents expressed support for the Scottish Government's consideration of Youth Hearings for 16 - 17 yr olds with a wider range of options than presently available to the children's hearing system, including restorative approaches. It was noted that the Youth Justice Framework is examining different options for more youth-centred approaches to reduce the number of custodial disposals for young people. As a general point, it was requested that the Scottish Government response should make reference to the situation and needs of victims.

127 Scottish Government has stated its intention to reflect on the comments from the UN Committee on raising the age of criminal responsibility in Scotland. Since the document was published, it has been announced by Government that the age will be raised to 12 years.

All respondents to this section of the consultation document agreed that the age of criminal responsibility should be examined and there were numerous calls for the age to be raised to a minimum of 12, with one respondent proposing 18 yrs. Respondents noted by way of justifying such a change that it would encourage society to 'takes responsibility for young people's actions and commit to finding better solutions' and that having a such a low age of criminal responsibility 'is incompatible with a welfarist approach to juvenile justice'. One respondent proposed that 14 yrs, in accordance with the UN Committee's recommendation was the preferred age. However if lower than 14, 13 was proposed on grounds of consistency with Scottish criminal law and prosecution practice, notably in relation to the Sexual Offences (Scotland) Bill where 12 year olds will be vulnerable to prosecution if the age is set at 12 yrs. Scottish Government was also urged to raise the age above the internationally accepted minimum as a matter of principle. An important point was made with regard to the terminology. It was proposed that 'minimum age for prosecution' more accurately defined the purpose of having an age threshold, rather than 'minimum age of criminal responsibility' which suggests there is no responsibility under this age.

128 Scottish government's proposed legislation to ensure that under 16's cannot be remanded into prison custody was fully supported and respondents urged the government to consider alternatives to detention for 16 - 17 yr olds including restorative justice approaches. The Prisons Commission recommendations were supported in respect of detaining 16 and 17 yr olds in secure youth facilities, separate from older offenders.

Respondents drew attention to the mental health needs of young offenders in secure units and in the light of the national review of CAMHS, looked forward to a greater focus on early intervention and an expansion in the range of mental health promotion and intervention. Further funding for training and awareness raising on mental health issues for staff working in secure units was proposed.

It was noted that the CHS already has a number of alternatives to secure accommodation and that the Youth Offending framework will examine different options for 16 - 17 yr olds. Roll out of the Intensive Support and Monitoring package to all local authorities was welcomed. It was proposed by one respondent that the children's hearing system and youth justice settings more widely, could use wider therapeutic approaches as options for teenagers and their families.

129 Scottish government proposes to encourage the continuation of supervision requirements for the most vulnerable and challenging young people to ensure appropriate services are available for 16 - 17 yr olds and to improve outcomes for them.

Respondents supported the continuation and extension of the CHS to support 16 and 17 yr olds with a much wider range of disposals including the provision of sexual health information and advice, restorative justice approaches, counselling, treatment and other therapeutic services. Respondents urged the Scottish government to urgently review the tendency for young people to exit the CHS just before their 16th birthday and enter to adult system. It was noted that these decisions can be funding-related rather than based on need and Scottish Government was urged to monitor this issue.

One response draws attention to cases where children who have been jointly reported are subject to detention in custody outwith the criteria laid down in the Lord Advocate's guidelines, and recommends an audit of policing practice against the guidelines to ensure consistency of their application.

Scottish Government will consider its response to the Prisons Commission which recommended re-examining the case for diverting 16 and 17 yr olds to specialist Youth Hearings. Responses to this were positive provided the Hearings were compliant with the UNCRC and other instruments relating to juvenile justice.

130 Scottish Government acknowledged in the consultation document that under 18's are not always held separately from adults and stated its intention to consider with SPS what steps can be taken to ensure that under 18's are ordinarily held separately from adults.

Action to progress the separation of under 18's from adults in detention was welcomed by respondents and seen as urgent, and it was pointed out that this applied to both male and female establishments.

131 Scottish Government proposes to ensure that young people in secure care and detention receive a high standard and wide range of education working with providers and HMIE, wider access to vocational opportunities, Certification where appropriate and are encouraged to sign up for College courses prior to release. Respondents fully agreed with the importance of these actions as central to improving outcomes for young people. Support was expressed for the work of HMIE to improve standards including those who are looked after or looked after and accommodated.

132 Scottish Government intends to review and update the Child Witness Support Guidance Pack and roll out across Scotland the visual recording of joint investigative interviewing of child witnesses. Special training will be given to staff to carry out these interviews and they could reduce the need for children to give evidence in court.

Government actions were supported in this area and it was pointed out that the provisions of the Vulnerable Witnesses (Scotland) Act apply to Children's Hearing Court proceedings as well, being civil rather than criminal, even in relation to offence grounds. It is suggested that intermediaries be used to support vulnerable witnesses. One response maintained that despite improvements brought about by the Act, children continue to be upset and distressed by court questioning and Government should commission research on children's direct experiences in order to shape future improvements.

133 Scottish Government has been reviewing Anti Social Behaviour legislation and practice in Scotland and since the consultation document 'Improving the lives of Scotland's Children and Young People - are we there yet?' was issued, the review has been published and Scottish Government will now revise guidance on ASB issues.

Respondents welcomed the review and expressed agreement with the anticipated shift in emphasis from short term enforcement to long term preventative action and development of shared outcomes and more cohesive services to children. Concern was expressed at the legacy of negative portrayal of young people in the media and reporting of anti social behaviour, and how this shapes perceptions of young people and how they see themselves. In terms of effective interventions, one respondent pointed to the potential shown by the use of 'restorative acceptable behaviour services' and Community Based Reparation.

MISCELLANEOUS ISSUES

Rows 134 - 142 cover Other International Laws, Follow up and Dissemination, Next Report and Optional Protocol on the involvement of children in Armed Conflict

• Respondents encouraged SG to liaise with the UK Government and support the UK's ratification of the international instruments identified by the UNCRC Committee.
• SG actions on follow up and dissemination were welcomed and the production of an interim report was endorsed.
• Increased importance in the teaching of human rights and peace education within mainstream education through the Curriculum for Excellence was welcomed.
• Respondents agreed that the support available to unaccompanied refugee and asylum seeker children should be explored and it was pointed out that this group had difficulty accessing mental health services.
• In relation to the next reporting process it was suggested that local groupings, including parallel groups of children and young people, be asked to disseminate and coordinate responses to future concluding observations.

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