7. Conclusion
As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?
The potential overall impact of this proposal on children’s rights is positive, all remaining articles have been identified as having a neutral impact with none identified as negative.
If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.
We have identified that, through its work, the NSWA will indirectly have a positive effect relevant to the following articles:
- Article 3 Best interests of the child
- Article 9 Separation from parents
- Article 12 Respect for the views of the child
- Article 18 Parental responsibilities and state assistance
- Article 19 Protection from violence, abuse and neglect
- Article 21 Adoption
- Article 22 Refugee children
- Article 23 Children with a disability
- Article 25 Review of treatment in care
- Article 27 Adequate standard of living
- Article 39 Recovery from trauma and reintegration
- Article 40 Juvenile justice
As an organisation the NSWA will not have a direct impact on children and young people as we do not work directly with them. However, the NSWA will have national oversight of the social work profession. In this role we will directly drive, support, and champion local and national improvements in the social work sector. We will aim to ensure that social workers, who do work directly with children, young people are supported, skilled, and place the child’s best interests at the heart of their work. This approach will extend to their families and care-givers so that the child or young person is supported to achieve their best outcomes. (Articles 3,9,12,18,21,22,27)
We will encourage a culture of continuous learning so that the social work workforce is equipped to take a trauma-informed, relationship-based, and holistic approach to every child, young person and family they work with. Supporting children, young people to reach their potential is the foundation of a social worker’s role. (Articles 39,40,19).
Social work is fundamental to provision of support. Social workers operate in tandem with local health, care, and justice services, across the wider public sector and society, including in housing and education. Social workers assess people’s needs and manage risk on behalf of people of all ages across numerous public, third and independent sector settings. Social workers are needed in hospitals, in care homes, in schools, in courts and prison settings, in people’s homes. Through strong leadership, the NSWA will foster a culture where the voice of the child or young person is heard and respected, and that their safety and wellbeing is paramount, within a family setting or otherwise as is appropriate. (Articles 22,23,25,27)
To better exercise these rights, children and young people benefit from the support of qualified and skilled social workers. As the organisation with national oversight, the NSWA seeks to ensure a skilled, supported and sustainable social work profession, equipped with knowledge and skills to support children and young people. The NSWA will aim to provide this by:
- social work education (pre and post-qualifying)
- workforce planning
- policy rationale and improvement activities based on evidence-based insight
- implementation support with social work employers to ensure Scotland achieves its policy intentions
- training and professional development
The NSWA will work with partners to enable and support a thriving social work workforce who will strive to realise and champion these rights for children across Scotland.
If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?
Not applicable.
Mitigation record
What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?
Issue or risk identified and relevant UNCRC requirement
Not applicable
Action taken/ to be taken
Not applicable
Date action to be taken or was taken
Not applicable
As a result of the evidence gathered and analysed against all wellbeing indicators will the proposal contribute to the wellbeing of children and young people in Scotland?
- Safe - Yes
- Healthy - Yes
- Achieving - Yes
- Nurtured - Yes
- Active - Yes
- Respected - Yes
- Responsible - Yes
- Included - Yes
By establishing a dedicated executive agency, the NSWA, the social work profession will have national oversight and leadership to drive improvements and improve outcomes for the people of Scotland.
Safe / Respected / Included: The NSWA will work with sector partners to improve awareness of, and access to, services, so that children and young people are supported to live free from the risk of harm. All children and young people coming into contact with social workers will be respected as autonomous individuals with needs, and, where they are capable of doing so, will be included in decisions made around their lives. Where the rights of the child, young person and their family conflict, or where laws are broken, social workers will balance risks and take action to keep the child or young person safe, with their best interests at the centre of any decision-making.
Healthy / Achieving / Nurtured / Active: The NSWA will work with sector partners to ensure that social workers are highly skilled, educated professionals that utilise relationship-based practice to understand what a child or young person, and their family, might need to help them live an independent, healthy life, focused on the people and activities that matter to them.
The NSWA will work with partners to ensure that social workers are confident and skilled in taking a holistic view of the child or young person and their family, understanding their unique circumstances, such as their history, social networks, financial security and physical environment, and how these will impact them.
Responsible: The NSWA will work with sector partners to promote children and young peoples’ rights to enable them to take active and responsible roles where they are capable of doing so. Such opportunities may include roles within their home, their school or college, and in their community (including within cultural communities). Where necessary, for the child or young person to safely enjoy responsibility, they may require appropriate guidance and supervision.
How will you communicate to children and young people the impact that the proposal will have on their rights?
An easy-read version of the CRWIA can be published to assist transparency and communication. This would be promoted via our stakeholder network in order for children and young people to have accessible access to the information.