CYP Act Guidance needs to give more prominence to child rights

Date: 21st July 2015
Category: General principles, General measures of implementation

Government analysis of responses to draft Statutory Guidance for the Children and Young People (Scotland) Act refers to the need for a rights-based approach.

An analysis of responses to the Consultation on Draft Statutory Guidance for Parts 4, 5 & 18 (Section 96) of the Children and Young People (Scotland) Act 2014 has been published, which refers to the need for a rights-based approach to developing the guidance.

In relation to the descriptions of the wellbeing indicators, many respondents suggested that they should be more consistent with the rights-based approach implicit in the legislation which was based on the UNCRC. The analysis includes that respondents identified a need for greater clarification of how the guidance on wellbeing practically supports preventative measures, early intervention and children's rights in line with the UNCRC. It also includes the call for recognising children and young people's right to be heard and involving them in decisions that affect them, and also respecting their choices and autonomy under 'respected' and 'responsible.'

In relation to the skills, knowledge and understanding of the Named Person role, the analysis confirms that specific suggestions included child protection policies and procedures, and children's rights.

Referring to the section within the draft Statutory Guidance on the Child's Plan, different respondents commented that it was helpful that the guidance emphasised the rights of children and their parents to have their views heard in the process of preparing the Child's Plan.