Official Report 179KB pdf
Agenda item 2 is, I think, the most important issue of the meeting for many committee members. I am delighted to welcome Tam Baillie, who was recently appointed as Scotland's Commissioner for Children and Young People. I think that this is Mr Baillie's first public outing since his appointment: I am delighted that he has chosen to come to the Education, Lifelong Learning and Culture Committee for it. I hope that this is the beginning of a constructive dialogue between the commissioner and the committee, which will always put children at the heart of all that we do. I hand over to Mr Baillie to make an opening statement.
Thank you. I am delighted to be here. I have been in office for five weeks now, but I chose not to make any public statement during that time because I thought it appropriate that I address Parliament first. I am pleased that I am doing so to the Education, Lifelong Learning and Culture Committee, because I think that what I have to say is relevant to the committee's business. I am more than happy to consider how I will engage with this and other committees.
Thank you very much for your opening statement, Mr Baillie. I am sure that the members of the committee want to ask you a number of questions. I will start by getting the controversial question about the role of the children's commissioner out of the way—although you might not think it controversial. We have managed to draw some sort of line in the sand, but it would be wrong to say that there is a universal view in Scotland, or even in the Parliament, that there is no duplication in the work that the office of the children's commissioner and the Scottish Human Rights Commission do. We have had to consider whether the post of children's commissioner should continue to exist; I think that you probably have quite a few supporters in the committee. How will you, as the recently appointed commissioner, tackle that resistance to the need for the post and convince people that the job that you do is worth while?
I am pleased that the Parliament reviewed the commissioner's role through the Review of SPCB Supported Bodies Committee because it strengthens and endorses the office. Serious consideration was given to the relationship between the children's commissioner and the Scottish Human Rights Commission and I am pleased with the recommendation to have separate bodies. That decision was based on the work that my office undertakes and its international reputation, which is endorsed by the presence of Justice Sachs.
One of the main planks of your opening statement was the need for better involvement of children and young people. I would be interested to know a little bit more about how you plan to achieve that. When I visit schools and young people in my constituency, I am struck that they often do not know that we have a children's commissioner or what that commissioner does on their behalf. Will one measure of your success be not necessarily how many children in Scotland know who you are but how many know about SCCYP?
Yes, it will. We have some small-scale awareness surveys, for which I will take ownership. I want to baseline the awareness of children and young people and to continue to measure it. That is the reason for much of the activity being driven through schools. Our children are at school most of the time and we have an army of teachers who work with them to provide education, part of which I consider to be awareness of the convention. That is a main area of activity. They cannot have a relationship with me, but they can have a relationship with those who are teaching them, and the content of what they are learning should be set within the tenets of the convention. Awareness of the convention and awareness of the office of the commissioner are both important. However, I need to be given a bit more time to think about how we will achieve that.
We welcome that innovative approach, which should ensure that all schools will be involved, irrespective of their type.
The answer to that is yes, but. The "yes" is that we should embrace new technology; the "but" is that we need to find safe ways of doing that.
I am sure that you will come back to the committee to update us on that. We look forward to hearing about it in more detail.
I look forward to reporting regularly to the committee.
As the convener said, certain views have been expressed about the context in which the children's commissioner operates. Will you set parameters for youth organisations and the cross-cutting organisations that deal with children across health, education and social work or do you see yourself being involved in a much more in-depth way with those organisations, so that the feedback that you get can be used to ensure that those organisations can help children to develop the futures that they want to achieve?
There is a bit of two-way traffic. I want to be able to commission organisations to do work on our behalf in terms of contact with children and young people, but there is a separate series of issues that involves what can be done about the problems that are faced. I retain the independence that is necessary to allow me to comment on how well we are doing with children and on where there are opportunities for improved practices across social care, health and education, but I will also take the opportunity to speak about good practice—that is one of my duties.
Congratulations on your appointment, Tam. It is nice to have that on the record.
The incorporation of the convention into Scots law is a long-term goal, but it is attainable. We must consider the interaction between the UK and Scotland, of course.
I, too, welcome the fact that the issue is being considered by Government officials, as I have campaigned on it for a number of years.
By the end of the week I will have met all the UK commissioners: in Northern Ireland, Wales and England. I am keen to discuss our common agendas. I think that we are in a privileged position in that when the commissioners make a joint statement, it is a joint UK statement.
We have had a brief statement about what the Scottish Government is doing. How do you see yourself working with the Scottish Government to guide, support or challenge what it does with regard to the incorporation of the convention into Scots law?
I think that in general—not just on incorporation—the relationship between me and Government will be mixed. There will be areas in which I think that there is good practice and in which I endorse the direction of travel. There will be other areas in which there will be a degree of frustration and impatience because things are not moving quickly enough, and I will be prepared to speak out about that. I will be prepared to comment on areas in which I think that the Government needs to rethink its approach and has not got things right. My agenda is not to lay all that out today, but you can rest assured that when the Government's proposals and its direction of travel are worthy of backing, I will be happy to provide it. Equally, I will be quite prepared to say when I think that improvement is necessary or that policies need to be changed.
There is a lot of common interest between what your office does and what it means to me to be a parliamentarian and what issues I should progress. I am really looking forward to working with you on those issues.
Okay. I look forward to working with all the committees. There is a big job of work to be done on the response to the concluding observations of the UN Committee on the Rights of the Child. I am already in regular contact not only with the Government, but with other organisations about how we progress that agenda, which is extremely challenging, although I welcome the challenge.
I welcome your appointment and the priorities that you have mentioned, some of which I will come back to. As regards your contact with young people, I can appreciate that schools are the best and most obvious mechanism for reaching a large number of children, but what about reaching the young people who most need your help and our help, those who are in the most challenging circumstances and who are least likely to attend school or to engage with officialdom, if I may refer to you in that way. Do you expect your consultation to address those issues? Do you have any thoughts on how you can reach out to vulnerable children?
Absolutely. When I mentioned schools, I meant all education establishments. Some of our most vulnerable children reside in residential accommodation, are taught in special schools or are in secure accommodation. There are routes in to those children.
I appreciate that a difficult balance needs to be struck in ensuring that contact is made with the many as well as the few.
There have been useful developments, but I think that our structures for listening to, and acting on, the views of children and young people are overall rather flimsy. As I see it, the responsibility of my office is not only to promote good practice where that exists but to examine what practices are better at eliciting comment from children and young people so that we can listen to their views and help them to articulate their experiences. I am interested in having a civic society whose approach to children places much more value on their views. A longer-term objective of all our activity involving children and young people should be to consider what structural changes should be made within some of our settings where we work with and assist children that would allow them better to articulate their views and that would equip us with more confidence to be able to act on those. I hope that I will be able to develop and model some of that practice through the office. However, as a society, Scotland is some way away from being able to say that structures are in place that regularly and routinely seek the views of children and young people and act on them.
I could not agree more.
There is a petition before the Parliament on the sexualisation of children and young people. I will be contributing to evidence on that petition—I will express my concerns and consider how things can be tightened up in that respect. You are right that there is a general concern about the sexualisation of children and young people. You need only to look at the media coverage of the issue, which is often juxtaposed with horror stories about youngsters and their behaviour. I want to consider and comment on the media image of children and young people. I am struck by some of the media portrayals of children and young people. How young people feel about themselves may well come through in our consultation.
The second issue is risk—what is sometimes called the cotton-wool kids generation.
We are struggling to get the balance right between allowing our children to experience some risk, but not too much. The fear of too much risk has a lot to do with our approach to play, which is overmarked by health and safety concerns and the litigious society in which we live. I will be open to opportunities to comment on that and, in particular, to do something practical about it. We could do worse than start with the question of how much freedom to roam and what play facilities and opportunities we create for our children and young people. How much confidence do we have in them learning through their own means rather than through our constantly trying to direct them?
You mentioned the fact that we live in a litigious society, and we can talk about the compensation culture and the criminalisation of health and safety breaches, which was a big step. I also worry about the Parliament's contribution, through child protection legislation. We take child protection extremely seriously, but much of the discussion takes place against a rather hysterical media background. In that context, it is difficult to ensure that we are making the right decisions in the interests of children. For example, at the moment there is a marked lack of men who work in primary schools and in child social work and so on. That trend has been commented on many times, although I am not sure whether it is getting worse. Can you, or the Parliament, contribute to a culture in which men are allowed to work with young children? Do we need to think about our approach to child protection legislation?
A number of things contribute to that problem, not just the child protection agenda. I mentioned health and safety; it is also about how safe people feel about working with children and young people. The issue is under active consideration, particularly with regard to the new rules and regulations on vetting and barring. I do not have an answer right now. There are a lot of checks and balances in there, and we are constantly reminded of children who have fallen through the child protection net. I expect that that will continue to be an issue on which I will comment.
I suppose that it is too much to hope that you have the answer right now.
Yes; but it is under active consideration.
We all struggle with that one.
In the first consultation of young people, I think that having things to do was top of the list, but bullying was certainly high up. It consistently comes through as a main issue. You are right that we have some initiatives in Scotland and have made some progress on bullying, which I must take stock of. In fact, I will be speaking to the organisations that are involved in trying to promote anti-bullying practices in schools. I do not have a set agenda for tackling bullying or for adding to what exists, but I expect that type of issue to come through the national consultation. However, I am already engaged in discussion with the respect me campaign about what we are doing about bullying in schools. I need space to get an understanding of where we are with the issue. It comes back to the importance of education in children's lives. Education is one of the main ways of impacting on children and achieving better outcomes for them.
I have a more general question on all the issues. What are your thoughts on social attitudes to children generally in this country? Your opening remarks were positive about the experience of young children growing up in this country—I recognise that view. However, do you think that there are social attitudes that must be challenged? If so, do you see that as your role?
Yes. I will make two points in response. First, whatever positive comments I made earlier about children's quality of life, my general objective is to ensure that children are higher up the agenda than they are. My second point is about how we perceive children. There is a difference between the perception of, for example, the tragic cases of Baby P and Brandon Muir—the horror and the sympathy for such children—and the reporting and public image of adolescent children, who may themselves have had damaging experiences in their early years. They may be two sides of the same coin, but the reporting of the adolescents is quite different.
Ken Macintosh rightly pointed out that our child protection legislation sometimes creates unnecessary hurdles and burdens for services and perhaps prevents children from doing things. For example, I remember Kathleen Marshall talking about a local authority that would not allow children who lived in care to go out and cycle. Most kids have bikes and will go out on them. We should want children in care to engage in such healthy activity, but the system sometimes lets them down.
You started by raising a specific issue about children's treatment in care. To Kathleen Marshall's credit, work has been done on the issue and I understand that there will be new guidance or a new understanding of existing guidance.
I do not want you to get into the specifics of what might come out today as a consequence of Her Majesty's Inspectorate of Education's inspection of child protection services in Dundee. I want to address the wider question of whether our child protection services are doing what we want them to do and whether we need to have a wider review. Such a review would not go into the specifics of what has or has not gone wrong in a specific local authority but would ensure that we replicate good practice in all parts of Scotland and would look at where the system might be failing and letting people down and how we could make changes so that it does better.
Before I make any such suggestion, I would take soundings from other organisations that are closely involved in the matter. As I said, this area is under active consideration and, in any case, other things are happening in the sphere. It may be that I comment on the matter at a later stage, but I would prefer to wait until we see exactly what comes out.
As you came to your current post from Barnardo's, you will probably be aware of the Fife children's rights service, which I think is unique in Scotland. You previously mentioned the United Nations Convention on the Rights of the Child. Do the benefits of that service mean that it could be a model for the rest of Scotland, so that other children and young people have access to such an independent service?
There may well be benefits in having a dedicated children's rights service in many other areas, but it is necessary to strike the right balance, because much of what I have said today is about mainstreaming awareness of, and approaches to, children's rights within our existing services. In the longer term, that will produce a much stronger result in relation to awareness and implementation of children's rights but, in the short term, it might be useful to have such services in each area of Scotland.
In the priorities that you talked about, you mentioned the report on moving and handling and the "Sweet 16?" report on looked-after children. You also said that Westminster, the Scottish Parliament and local authorities have to work together to resolve issues, particularly in relation to inequality. Do you have any views on how the concordat and the move to single outcome agreements are working in that area, particularly with regard to looked-after children? Do you think that the concordat and single outcome agreements are the best approach?
Westminster does not have much of an impact on how we deal with looked-after children in Scotland, other than in relation to poverty, which affects some sectors of our population disproportionately—they will be represented disproportionately in our care population. I have already noted that we have to consider care of children and young people. That is not just about how we care for those who are in care but about how we provide for children who are identified as being vulnerable before they come into care.
I know that we are at an early stage of the concordat and single outcome agreements, but are there areas where how they are operating in relation to children and young people needs to be improved?
The office has already been involved in some analysis of the single outcome agreements, which can be quite dense documents. I am interested in expenditure on children and young people, which is not always easy to track. I am thinking hard about how we measure whether children and young people are being treated as a higher priority. That might be to do with expenditure, but there might be other aspects, such as whether particular issues for children and young people are even mentioned in the single outcome agreements. The issue in which I was most interested previously was child poverty, which did not get 100 per cent coverage in the single outcome agreements. There is work to do to get an understanding of what is happening locally.
Ken Macintosh mentioned representative organisations for children and young people, one of which is the Scottish Youth Parliament. You will be aware of concerns at the weekend about the election of British National Party members to the Scottish Youth Parliament. Do you see a role for yourself in working with organisations and challenging views out there? Is there a role for the commissioner in ensuring that young people have an understanding of and respect for other people? Rather than just supporting young people, will you sometimes have to challenge people's views? Would you rather not get involved in doing that?
I take the same approach to organisations as I take to the Government. I am prepared to comment on good practice and on areas that require more progress. I am also prepared to comment on action and behaviour that I think is inappropriate, in all organisations and professions that deal with children and young people. I take very seriously the authority and responsibility of the office, so I will be measured in what I say in that respect.
The committee has no more questions. Do you want to add to what you have said?
Yes, I do—as if I have not had enough time. I am enormously optimistic about what can be achieved through the office. I came into this post with considerable hope and I want that to be the approach that we take to children and young people in general. There is much that can be done to make the lives of children and young people in Scotland better. We can do that on a cross-party basis. I will use whatever powers and authority I have to encourage that atmosphere and approach to children and young people.
Thank you for coming. I am sure that this is the beginning of a relationship between your office and the committee that will develop during the next few years. We look forward to your returning to give us more detail about the vision that you set out in your first public outing.
Meeting suspended.
On resuming—