December 2024. We provided MSPs with a briefing ahead of their consideration of this Bill at Stage 1.
This briefing is provided to MSPs ahead of their Stage 1 consideration of the above bill on Wednesday 18th December 2024.
We support the general principles of the Bill.
The Commissioner has highlighted that while the Bill is a step forward, it will not address the fundamental change children and young people want to see in Scottish education.[1] In particular, our view is that it will provide limited scope to effect the significant culture change needed, within the three bodies it creates and across the education system.
This Bill nonetheless provides an important vehicle for changes to how education is monitored and managed, particularly by creating an independent HM Chief Inspector of Education which will support Scotland’s education system in delivering an education in line with children’s rights under Articles 28 and 29 of the UNCRC. In our oral evidence we highlighted the significant work that has been undertaken within the inspectorate function of Education Scotland to prepare for this work.
We provided the Education, Children and Young People Committee with written[2] evidence to support their Stage 1 consideration of the Bill, which included the views of our young advisors. We also provided oral evidence[3] to the Committee and we thank them for the consideration they gave our evidence. We can see significant evidence of our suggestions being adopted by the Committee.
Ongoing areas of concern
There is failure to adequately realise children’s right to participate (Article 12, UNCRC) in the governance of Qualifications Scotland (QS). The importance of ensuring children participate in decision-making, and the consequences when they do not, has been a recurring theme in issues arising with the Scottish Qualification Authority (SQA) over the last five years. Yet, as the Bill is currently drafted, even the Learner Interest Committee could have no member under the age of 18, despite children forming the largest group of candidates for qualification. In our evidence, we highlighted that including children in adult structures does not provide effective participation and risked being tokenistic if their influence was limited.
Participation in line with Article 12 of the UNCRC requires child-centred approaches, with a focus on supporting children and young people to represent the experience and views of their peers. Children need an age-appropriate setting where they are supported to understand their rights, the proposals and provided with an opportunity to express their views.
Our Young Advisors suggested a group, similar to themselves, to represent children’s views and inform the work of QS and we provided examples of good practice including the Audit Scotland Inform 100 group[4] and the Inclusion Ambassadors[5].
However, it is essential that QS undertake an extended participation process, to inform its governance process and ensure that the views and experiences of a wide range of children and young people inform decision making. This targeted work should, for example, include care experienced children, disabled children, children with experience of interrupted learning, children with a history of exclusions, children undertaking National 3 and 4 qualifications at S4 and beyond.
In our office in addition to working with our young advisors, we have planned an ongoing programme of engagement, paying particular attention to groups less likely to have their voices heard. For example, in the last year we have met with children attending a special school for children with complex medical needs, with children in secure care, and with services supporting children who have disengaged from mainstream education. Children in all settings must have a chance to be heard, a single group of children cannot represent the views of all of Scotland’s children.
QS must be able to demonstrate the ways in which children and young people’s participation has influenced decision making. And most importantly, children and young people must be able to see that influence. At present, they tell us that even when the SQA asks for their views, they don’t see them affecting decision making.
We welcome the Committee’s recommendations on ensuring meaningful participation of children and young people in the governance of QS (paragraphs 82, 120, 121, 122, 123, 208, 209, 210, 212 and 213) and our Young Advisors were particularly pleased to see the Committee adopt as a recommendation their suggestion on this (paragraph 211).
Our support for this Bill’s general principles is on the basis that there have already been commitments from Scottish Government to address some of our concerns through amendments at Stage 2.
In particular, we hope to see substantial amendments to ensure that children and young people (under the age of 18) have a right to participate in the governance and work of the new QS and of HMIE and we would welcome a commitment to that effect by the Cabinet Secretary. There should also be assurance that sufficient resource will be provided to support participation in the new bodies. The sections on the Learner Charter must also be amended to ensure that children are able to participate in its development.
Finally, in our oral evidence we called for amendments to address specific gaps within current legislation.
Firstly, we would support an amendment to ensure that BSL is recognised in the Bill in the same was as Gaelic, in sections 7, 25, 34 and 49. We thank the Committee for including this in their recommendations at Stage 1 (recommendation 375).
Secondly, we highlighted gaps in the inspection of education authorities’ safeguarding processes. We welcome the Committee’s recognition of this in recommendation 337 and would welcome an amendment which addresses this. This could be included within the scope of HMIE’s inspection of education authorities.
[1] CYPCS, 2024. Our Evidence to Scottish Parliament: “Change and young people want to see fundamental change in education. https://www.cypcs.org.uk/news-and-stories/our-evidence-to-scottish-parliament-children-and-young-people-want-to-see-fundamental-change-in-education/
[2] CYPCS, 2024. Education (Scotland) Bill. https://www.cypcs.org.uk/resources/ed-bill-2024/
[3] Scottish Parliament TV, 2024. https://www.scottishparliament.tv/meeting/education-children-and-young-people-committee-october-2-2024
[4] https://www.youthscotland.org.uk/news-article/audit-scotland-and-youth-scotland-launch-inform-100-to-engage-young-people-in-public-services/
[5] https://childreninscotland.org.uk/inclusion-ambassadors/