Getting it Right for Every Child: Implementing the UNCRC in Scotland, Lecture notes of Decision Making

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Scottish Government Foreword

Scottish Ministers have set an ambition for our country: that Scotland is the best place to grow up and bring up children. That is a high aspiration and one that will require all of us – politicians, parents, public services and the public – to play their part.

To achieve that we require a positive culture towards children. One where children are welcomed and nurtured. One where we all are alert to their needs and look out for them. Where they are listened to

• whatever their age – and where their views are heard and their rights protected. They should be respected as people in their own right. Not as economic units for the future. But as members of Scottish society now with rights to a present day life that allows them to fulfil their potential.

Fundamental to achieving this is respecting the rights set out in the UNCRC. All Scotland's citizens of all ages have rights. Some are enshrined in international treaties to which we adhere. Some are embedded in the core ethos of our domestic law and respect for life and democratic freedoms. Scottish Ministers are committed to work to enhance these rights through leadership and legislation.

Whatever approach may be taken to complying with an international treaty, a litmus test is how the principles and aspirations in those treaties are applied in practice. For most children the love, care and attention of parents secures these rights from the moment of birth. Through the parenting strategy we seek to ensure that parents can access and obtain the support they need. Through other strategies such as the developing play strategy we will set out what needs to happen in order to ensure that a wide range of other rights can be made real for our children and young people.

For public services our aim is to work in the best possible way to improve outcomes for all our children and young people. And to do so in a way that respects rights and encourages early appropriate help – not once issues have become too acute. Scottish Ministers have been promoting the approach of Getting it right for every child which has equally high aspirations for all children and young people in Scotland.

The GIRFEC approach has been built up from the UNCRC. Accordingly, ensuring that the approach applies in the way public services operate will put the UNCRC into practice for each child.

To show how the GIRFEC approach and UNCRC relate to each other, the Scottish Government commissioned Professor Jane Aldgate to consider the approach and how it links to the Convention. Her findings are set out in the following paper.

Scottish Ministers are committed to promoting the GIRFEC approach and way of working. Legislation is proposed for introduction to parliament this year to ensure that the key elements of the approach have a statutory foundation. The attached paper has been produced with the aim of helping to understand better the relationship with UNCRC and how the application of GIRFEC will progress respect for the rights of each individual child and young person across Scotland.

We want children and young people to experience public services that place them at the centre of what they do. Scotland has a proud track record in promoting the welfare of children and young people. The establishment and development of the children’s hearings system is a clear testimony to that. Extending the new way of working across all services and for all children and young people with a focus on improving wellbeing takes that commitment – and challenges – to a new level. Achieving such change will take time but we have taken some of the first big steps on the journey.

Scottish Government March 2013

UNCRC Articles and Getting it right for every child values and principles

UNCRC states that every child is entitled to special care and assistance, supported by a positive family:

Childhood is entitled to special care and assistance…

The family … should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community….

The child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding….

The child should be fully prepared to live an individual life in society, and be brought up in the spirit of the ideals proclaimed in the Charter of the United Nations (UNCRC, Geneva, 1989 p.1).

Getting it right for every child has 16 values and principles that endorse fully the UNCRC approach to the upbringing of children. Getting it right for every child is the methodology for ensuring that any practitioners helping children and their families work in a way that fully embraces UNCRC. This applies to both adult and children’s services.

It is an approach that aims to improve outcomes for all children and young people, in line with the Scottish Government’s policy aims for children. Getting it right for every child has been described as the golden thread that knits together the Scottish Government’s policy objectives for children.

The Getting it right for every child values and principles stress the promotion of children’s well-being by keeping them safe, promoting their development and respecting their views. Ensuring children have the best possible chances requires a whole child approach, building on strengths and promoting resilience, alongside encouraging opportunities and valuing diversity.

Getting it right for every child translates the UNCRC approach to special care and assistance by embedding UNCRC Articles within the GIRFEC values and principles. Most importantly, GIRFEC requires every practitioner to apply a UNCRC approach in day-to-day practice by putting children at the centre.

This means adopting the 10 core components and using the National practice model, both of which are described later. Children and their families should be provided with additional help that is appropriate, timely and proportionate. This help should be offered to support informed choice by working in partnership with families, respecting confidentiality and sharing information. The organisation and co-ordination of help emphasises shared values within working relationships.

Agencies should make the most of workers’ expertise and develop a competent workforce (see Guide to Getting it right for every child , Scottish Government 2008, The United Nations Convention on the Rights of the Child Explained , Scottish Government 2008)

Children at the centre

Putting children at the centre endorses UNCRC in two ways. First, it means everyone concerned with children must place Article 3 of UNCRC at the forefront of their thinking, planning and actions.

Article 3 states that the best interests of the child must be a primary concern in decisions that affect children. All adults should do what is best for children and should think about how decisions will affect children.

There are other related Articles. Article 4 places a responsibility on governments to make sure children’s rights are respected, protected and fulfilled. This includes protecting them from discrimination ( Article 11 ) and all sorts of harm ( Articles 19, 32-36, 39 ) as well as providing appropriate services to promote their welfare at home or when they are looked after away from home ( Articles 20-31 ).

Where children need action within a juvenile justice system, such as secure accommodation or supervision orders, the way these measures are put into practice should uphold children’s rights ( Articles 37 and 40 ).

Second, putting the child at the centre means that everyone concerned with children must comply with Article 12 , which is about children being respected by having the right to form and express their views in matters that affect them. This should drive the way practitioners work with children.

Article 12 states that when adults are making decisions that affect children, children have the right to say what they think should happen and have their opinions taken into account.

Article 12 is underpinned by Article 5 and the approach is already firmly embedded in the Children (Scotland) Act 1995. The approach of UNCRC is designed to support families in making sure their children’s rights are upheld.

Article 5, emphasises parental guidance on making sure children learn to use their rights properly, while Article 18 endorses parental responsibility in the upbringing of children.

Article 42 requires that children and families should know about UNCRC and practitioners are clearly instrumental in making sure this happens.

Getting it right for every child recognises that children’s best interests, as described in UNCRC, are achieved by taking into account all the factors that shape their well-being.

The Well-being indicators establish a framework for practitioners to use a common language to describe well-being. Within this framework, assessment, analysis and planning take place. When those plans are acted upon, the Well-being indicators provide a means by which children, families and practitioners can identify changes and improvements over time.

For children to reach their full potential, they must individually reach the best outcome of each of the Well-being indicators , as appropriate to their age and stage of development.

The ANNEX to this paper describes each of the Well-being indicators in moiré detail and outlines how they relate to UNCRC articles. A fundamental concept of GIRFEC is that the Indicators should be applied to each child individually in order to capture what is happening in each child’s life.

If additional help is needed, the Well-being indicators will guide those around children to identify what needs to change.

UNCRC Articles and the GIRFEC Well-being indicators

The Well-being indicators are aligned with the range of rights specified by UNCRC to enable all children and young people to grow and develop, and to reach their full potential. Each Well-being indicator is connected to policy and practice developments.

The Scottish Government’s paper Mapping policy, strategic and practice developments to the Getting it right for every child Well-being indicators forms an important reference point for this paper: www.scotland.gov.uk/Topics/People/Young-People/gettingitright/publications/well-being-policy

The Well-being indicators are inter-connected. For, example, it is difficult to talk about a child achieving without relating this to health , nurture or how active they are.

Similarly, being safe will connect with children whose nurture is inadequate or who are affected negatively by their wider world.

Using the Well-being indicators in the National practice model is a practical way of respecting children’s rights alongside achieving the best possible outcomes for them.

Core component 4 – A co-ordinated and unified approach to identifying

concerns, assessing needs, agreeing actions and outcomes, based on the Well-

being indicators.

This core component connects to the 8 Well-being indicators and how they are used through the National practice model, reinforcing Article 3 on the best interests of the child.

A large number of UNCRC articles reflect the diversity of developmental needs in different circumstances and identify those areas where adults can respond to children’s needs.

These include Articles 28, 29 on the right to education; Articles 6, 24 on the right to health; Article 31 on the right to leisure, play and culture and Article 30 on the right to the culture and language of a minority group.

Articles 19-27 concern children in vulnerable circumstances, including refugees ( Article 22 ) and those deprived of a family environment (Articles 20 and 21 ) and children who are disabled ( Article 23 ).

Children have a right to adequate standards of living ( Articles 26, 27 ). There is the right to be protected from all forms of violence ( Article 19 ), while Articles 32-36, 38, 39 refer specifically to those involved in illegal child labour, use of drugs, human trafficking and other forms of exploitation.

Core component 5 – Streamlined planning, assessment and decision-making

processes that lead to the right help at the right time

This core component represents an operational product of core component 4 and has been developed in direct response to children and families’ views on what helps them. It reinforces Article 12 on respect for the views of the child and Article 13 on how children may express those views.

It also emphasises the importance of parental guidance and responsibility and the right of families to expect support to help them fulfil their responsibilities ( Articles 5 and 18 ). Underpinning the provision of appropriate help is the responsibility of governments to attend to children’s rights ( Article 4 ).

Core component 6 – Consistent high standards of co-operation, joint working

and communication where more than one agency needs to be involved, locally

and across Scotland

This core component, like the previous one, is connected to core component 4. It derives from the UNCRC Articles that specify the role of governments and services to act in the best interests of children ( Articles 3, 4, 5 ).

In Scotland, many of the legal standards are higher than those in UNCRC. For example, children have right to a level of education well beyond the primary years and a sophisticated health service. Children in Scotland have a right to expect that these superior standards will be applied in Scottish law and practice (Article 41 ).

Getting it right for every child supports agencies to work together to make sure children get the help they need.

Core component 7 – A Named Person and a Lead Professional to co-ordinate

and monitor inter-agency activity where necessary

This core component demonstrates in practice the UNCRC Articles on promoting the best interests of children by offering inclusive and appropriate support ( Articles 3,4,5,12,13,18,23 ) as well as protection from harm ( Articles 19-22 and 33-40 ).

The role of the Named Person means that there can be early intervention to promote children’s health (Article 24) respond to special needs (Article 23) and help children towards fulfilling their educational potential (Articles 28, 29).

www.scotland.gov.uk/Resource/Doc/1141/0109328.pdf (Named Person)

The Lead Professional supports the right of children in complex circumstances to have the protection and assistance they need (Articles 5, 18). See GIRFEC Practice Briefings, Scottish Government

www.scotland.gov.uk/Resource/Doc/1141/0109329.pdf (Lead Professional)

Core component 8 – Maximising the skilled workforce within universal services

to address needs and risks at the earliest possible time

This core component follows on from components 6 and 7. It reiterates the importance of the Named Person role in contributing to the best interests of individual children ( Article 3 ). It also provides the opportunity to minimise discrimination by picking up issues likely to affect children’s well-being as soon as possible ( Article 2 ).

Core component 9 – A confident and competent workforce across all services

for children, young people and their families

This core component identifies the means by which all children and their families can ensure their rights are met.

In the spirit of UNCRC, the protection of those rights is best served by high standards of services. UNCRC puts forward minimum standards in the implementation of children’s rights but urges governments to maintain and develop further superior standards in laws and services ( Article 41 ).

Putting UNCRC into practice through the GIRFEC National practice model

The GIRFEC National practice model takes the UNCRC rights approach into everyday practice across all agencies concerned with the well-being of children and their families. It expects children and families to be fully included in decision-making, as required by UNCRC Article 12.

It endorses Article 3 by assisting practitioners to promote children’s well-being. It reflects the spirit of Article 4 in expecting agencies to work together and bring their expertise and resources to identify concerns, assess a child’s situation and translate that assessment into a plan for action to bring about the best possible outcomes for a child.

When every agency applies the Getting it right for every child approach through the National practice model, children will be placed at the centre ( Articles 3 and 12 ).

The National practice model builds on the universal services of health and education, emphasising the importance of the early years, as well as more targeted approaches for children who need additional help, including compulsory help and adults’ services where children are involved.

GIRFEC requires a multi-agency approach where necessary, with a team around the child, to promote different aspects of children’s development and well-being, using a common language.

Key roles of the Named Person in the universal services of health and education and the Lead Professional to co-ordinate multi-agency services are instrumental in making sure that practitioners act in the best interests of the child and that children’s rights are upheld ( Articles 3 and 4 ).

The National practice model has several main interlinked parts:

• The 8 Well-being indicators used at several stages: to identify, record and share concerns; to make plans for a child and take appropriate action; to review those plans and record outcomes of action
• The My world triangle used to identify strengths and pressures on the child and family, and along with specialist assessments, gather information about children’s needs
• The Resilience Matrix used to help organise and analyse information gathered
• A single agency plan or multi-agency Child’s Plan , which has a common format, using the Well-being indicators. The plan builds in a review and records outcomes achieved. www.scotland.gov.uk/Topics/People/Young-People/gettingitright/

Details of the different parts of the National practice model and the connection of each part to UNCRC is detailed in the following ANNEX.

In applying the National practice model, practitioners will be giving practical effect to the Articles of UNCRC, putting the child at the centre,as UNCRC demands.

Using the National practice model will also endorse the important part which families play in fostering their children’s rights and well-being. Above all, they will see how policy, legislation and appropriate unified support from practitioners can make sure children’s rights are upheld and their well-being fully promoted.

This approach is consistent with striving to achieve the best possible outcomes for all children in Scotland.

UNCRC and Well-being indicator Safe age 16 of 35

Polic

y

links

Important policy links underpin the

Getting it right for every child

approach to being Safe. These include policies on protecting children affected by parentalsubstance misuse, domestic abuse, children who pose a risk tothemselves, children who are homeless and children who are atdirect risk of harm or exploitation. Further exploration of the links between

Getting it right for every

child

and these policy areas are available at:

www.scotland.gov.uk/Topics/People/Young- People/gettingitright/publications/well-being-policy/safe There is also important, recent policy guidance on protectingchildren: see

National Guidance for Child Protection in Scotland

2010

,

www.scotland.gov.uk/Publications/2010/12/09134441/

Healthy

Articles 3, 6, 24, 39

The Well-being indicator of Healthy covers all aspects of children’s health. Getting it right for every child reinforces the importance of early intervention in health by having a Named Person from a health setting for every young child. The Named Person can be activated when concerns are raised about children’s well-being. www.scotland.gov.uk/Topics/People/Young-People/gettingitright/publications/practice-briefings

There are several UNCRC Articles that relate to children’s health:

Achieving

Articles 4, 18, 28, 29

The Getting it right for every child definition of Achieving goes beyond educational attainment and is closely tied to the concept of resilience. Achieving is also linked to health and nurture.

Achieving is underpinned by several UNCRC Articles:

UNCRC and Well-being indicator Achieving age 20 of 35

Polic

y

links

The UNCRC approach is supported by the Early YearsFramework to achieve the National Outcomes 5 and 6 ‘best startin life/ready to succeed’ and ’longer, healthier lives’.

Curriculum

for Excellence

provides the policy to support a broad approach to

learning. Getting it right for every child

reinforces this policy through

assessment and action that takes a whole child approach. Theprinciple elements of

Additional Support for Learning

and

Getting

it right for every child

reinforce each other.

There are other policy initiatives that address transitional pointsfor young people, such as

More Choice, More Chances

. There

are also a raft of policies that aim to support children and youngpeople in the community to build confidence and self-esteem,such as

Active Learning.

The Scottish Government supports national youth work activitythat contributes to this outcome and helps young people toachieve the skills they need to allow them to succeed in later life.All these link closely with the

Well-being indicator

Achieving.

Further information between

Getting it right for every child

and

education policies is available at: www.scotland.gov.uk/Topics/People/Young- People/gettingitright/publications/well-being-policy/achieving Within

Getting it right for every child,

a Named Person is available

for every child and young person in education. This role can beactivated to make sure children are given the best possibleopportunity to access help to support their achieving, at theearliest possible indication of any concerns.