Chamber and committees

Well, we are strengthening children’s rights.

I am struck by some of the points that you made. You said that it is unlikely but not impossible that future bills will be incompatible with the 2024 act, which is why we are future proofing the legislation. I remind the committee about Joe Smith’s points about the Human Rights Act 1998 and how the approach that is being taken in the bill is a mirror image of that taken by other legislation.

On justice, the committee heard earlier from Denise McKay about some of the work that we have been doing to support children and young people to get access to justice. More broadly, we have implemented the 2024 act, and it is fair to say that there has been a cultural shift in the way in which children and young people’s rights are respected. The duty to not act incompatibly with the UNCRC requirements and the ability to use courts to enforce children’s rights apply only when a public authority is delivering functions under an act of the Scottish Parliament. However, many functions that are devolved to the Scottish Parliament were conferred by the UK Parliament, so they are not subject to that compatibility duty.

We want to embed children’s rights as widely as possible, so it is important that we have the judicial options that we have already mentioned today, as well as non-judicial remedies. That is why we are working with a number of partners to support the remedies that are already available, including through the Scottish Public Services Ombudsman, specialist child law centres, children’s advocacy services and relevant tribunals. Even when children and young people can use the courts to enforce their rights, we hope that that will be a last resort and that, when there is a concern about access to rights, it can be resolved as soon as possible.

It is worth pointing out that we have given funding to the SPSO for a five-year project to look at a child-friendly complaints process. That is an important element of the mix that we are considering, and I know that the committee has taken evidence on how children interact with the complaints service. I am sure that members will have experience of dealing with the ombudsman, as I do. Having a child-friendly approach is important for access to justice.

I am mindful that ministers are currently subject to a pay freeze, although we have now moved to take the MSP salary, which is a shift in our position. However, we have taken that position to show restraint as a Government, and I am mindful of the pressures that people face. It would be remiss of me, as Cabinet Secretary for Education and Skills—or of any minister—to comment on the salary levels at independent, autonomous institutions. I am very mindful of the challenge that we currently face with one institution, which I am sure that we will come on to discuss, but I do not think that it is for ministers and the Government to talk about the salary levels of independent institutions. However, the point that you made about restraint is important.

I know that that issue was dealt with previously through a letter of guidance from the Government. The minister and I might wish to reflect on that, given the committee’s evidence from last week’s session.

I believe that Ms Duncan-Glancy and I are going to engage in trading statistics this morning, so, if I may, I will consult my notes.

The proportion of pupils who achieve the expected level in literacy and numeracy across primary and secondary schools reached its highest level ever in 2023-24. The poverty-related attainment gap between young people from the most and the least deprived areas who are meeting literacy standards has reached record low levels. The gap between secondary pupils from those areas who achieve third level in both literacy and numeracy has reached record lows, too. Therefore, I do not accept all the challenges that Ms Duncan-Glancy has put to me in that regard.

Ms Duncan-Glancy also mentioned issues in relation to positive destinations. The proportion of pupils who have gone on to a positive destination three months after leaving school is 95.7 per cent, which is the second highest since records began.

We can engage in trading statistics if Ms Duncan-Glancy wishes to. However, I intend to engage in the substantials in relation to my responsibilities. I do not accept all the challenges that she has set out, because we are seeing improvement in our schools on the narrowing of that gap. For example, the achievement of curriculum for excellence levels—ACEL—data tells us a much more positive story. The examinations data shows a trajectory of improvement since the pandemic. In addition, as I said, we have the second-highest level on record in relation to positive destinations.

I am not clear whether Ms Duncan-Glancy and I will agree on the statistics that we have traded, but I am happy to take any questions that she might have.

I know where the data is taken from—it is Scottish Government data.

I might bring in Mr Logan, because Mr Mason mentioned him. To answer the point, we might argue that the variance on ASN that we see across the country—this relates to Mr Rennie’s point on teacher contracts—has been a feature of our educational landscape for many decades. It is what happens when, sometimes, 32 councils are doing 32 different things.

That is not always good for parents and children, particularly children with identified additional support needs, who need consistency. There is a feeling among parents groups in particular that support might look different in different local authorities and, as a result, might be better elsewhere, which I do not think is fair. The revised code of practice, which Ms Dunbar asked about earlier, is about giving a clearer, consistent message. For example, it will provide further clarity on the previously addressed point that a diagnosis is not needed to obtain support.

To respond to Mr Mason’s point, the code will also give further clarity on the reasons for placing request decisions that fall under the Education (Additional Support for Learning) (Scotland) Act 2004. The transitions chapter will also be strengthened, reflecting concerns about ASN pupils moving from primary into secondary.

The code will also look to clarify the relationship between co-ordinated support plans and other children’s and young people’s plans through a staged intervention model. That goes back to the point that I discussed with Ms Dunbar about whether we should have a national staged intervention model, which would be quite a radical departure from where we are currently. However, it is important that the Government reflects on that and responds to it accordingly, given the concerns that MSPs have recently raised and debated, so that we can consider it all in the round when we agrees the scope of the ASN review that we have committed to.

I am pleased to be joined today by my colleagues Mr Dey and Ms Don-Innes. I will start by setting out some of our key work across the committee’s remit and acknowledging some of the challenges.

In childcare and support for families, we have expanded the provision of free early learning and childcare to 1,140 hours a year and we continue to work with local authorities to reach more of the eligible two-year-olds. We are investing in 23 early adopter communities across six local authorities to design new childcare offers for children from early years to the end of primary school. That work is targeted at families who are most at risk of living in poverty. Our £3 million bright start breakfast fund will create thousands of new breakfast club places and, just this week, we announced more investment in our extra time programme.

Across Scotland’s schools, we have reset the agenda, following the pandemic, by using the national improvement framework to focus on our ABCs: attendance, attainment, additional support needs, behaviour and the curriculum. We are prioritising investment in those areas through our joint commitment to increase teacher numbers and our behaviour action plan, and we continue to speak directly to stakeholders to inform that work. As of yesterday, through our headteacher national events, I have engaged directly with every headteacher in Scotland, and I pay tribute to them and to all of Scotland’s teachers and school staff for the care that they invest in our children every day.

Members will note that the latest statistics, which are from December, show the highest levels of literacy and numeracy since records began, as well as the lowest ever gap in literacy attainment between the most and least disadvantaged pupils. This year’s settlement with local authorities has provided a 3 per cent real-terms uplift for education, and we continue to have the best-paid class teachers, the lowest pupil-teacher ratio and the greatest spend per pupil across these islands.

In further and higher education and skills, we have worked to support colleges and universities through extraordinary financial challenges that have been influenced by factors that are outwith the control of this Parliament. Ministers listened closely to the sector as we developed this year’s budget, and we are investing more than £1 billion in university teaching and research in 2025-26.

Since February, we have made an additional £25 million available to support the sector. Yesterday, Mr Dey chaired a cross-party discussion on the future of the sector with Universities Scotland, and we both look forward to continuing to work closely on that. Crucially, and unlike in the rest of the United Kingdom, we have also ensured that university tuition remains free.

All of that is complemented by an ambitious reform agenda across our education and skills system—strengthening and rationalising our curriculum, assessment and qualifications landscape; simplifying funding arrangements; and focusing on improved outcomes for all learners.

I will close there and hope that I have set the tone for a collegiate evidence session that will have the wellbeing of Scotland’s learners at its heart.

As I understand it, principals’ salaries are set by our universities, which are independent, autonomous institutions. However, the point that the convener made, which was raised at committee last week, relates to restraint. I believe that restraint should be exercised in relation to salaries, and that we should be particularly mindful of other salaries, the cost of living crisis and the optics of salary levels to other staff.

On Thursday evening, I spent a long time at the EIS annual general meeting with my official, who I am looking to, listening to the concerns of members in relation to some of the points that you made.

The views of teaching staff have been central to all of my work as cabinet secretary. In the past year, as I alluded to in my opening response, I have spoken to every headteacher in the country, which has not been without challenge. Your point about engaging with them directly is important. I have directly addressed the issue at every single one of those events, and we had a robust discussion about it at the EIS AGM.

More broadly, one of the points that I have made when that point has been raised with me is that, across our society, we see challenges with aggressive and violent behaviour. We see that playing out in increases in misogyny, and we even see it in politics. Therefore, it should not be a surprise to people that that is now happening in our classrooms. We should look to connect those two issues and try to tackle them jointly, as opposed to saying, narrowly, that they are issues faced only in our classrooms.

As for teacher engagement, the EIS and our other professional associations have been at the forefront of helping to formulate the national action plan, which I launched last August. The plan is part of the solution here, but I accept that it is not the totality of the response that is required. Schools cannot tackle such behaviour alone. The national action plan is starting to have an effect in our schools.

You will be aware that, in addition, before the end of this term we will publish updated guidance not only on consequences but on violent incidents in our schools, which I think was the premise of your question, convener, and in particular on conducting risk assessments.

I want to be absolutely clear that no teacher should experience violence in school. They should not be in fear of that happening in their classroom, for example. In recent weeks we have seen really challenging cases that have given me great cause for concern, and you have given examples of those from press articles. I will continue to engage with the teaching unions, to listen to Scottish teachers who have been at the forefront of the issue and to provide the funding that is required.

You will be aware that the Government’s budget provided for extra funding to increase the numbers of teachers and additional support needs staff. That is imperative to providing wraparound support for classroom teachers, in particular, in our school community. We need to work with the Convention of Scottish Local Authorities, too, to that end. We might come on to talk about some of those points in more detail but, for me, having that extra workforce is fundamental to tackling the behavioural challenges that we are seeing.

I would like to make other points on mobile phone use and gender-based violence, but I am aware that we have limited time. Members might want to come back on those, though.

I hear Mr Rennie speaking over me and ask him to allow me to complete my point.

Extra funding was provided in the budget and there was also extra additional support needs funding, which was ring fenced to local authorities for the provision of specialist staff. It is in their gift how that funding is deployed; that is not my role as cabinet secretary. If Mr Rennie wishes the Government to employ teachers, I would be interested in hearing him expand on that point because I often hear that in the chamber.

The second point is about primary teachers moving into secondary teaching. We are working with the General Teaching Council for Scotland on that very point and we are also looking at creative ways in which we might be able to use professional learning to support some of that work. I met with School Leaders Scotland last week and that body is amenable to that. I must say that the issue of having primary teachers working in secondary schools is not without debate in Scottish education and that our professional associations have differing views on that. I am a secondary specialist by trade, as Mr Rennie knows. I do not think that there is any support, quite rightly, for primary school staff being involved in the delivery of national qualifications and the GTCS would certainly have something to say about that, but there is a role for us in looking again at the role of primary teachers in the early years of secondary education. I know that a number of headteachers are now using primary teachers to deliver the broad general education. That is happening across the country and what matters is how we work with our professional associations to support them in that.

I can come back to Mr Rennie on his substantive points about numbers, but I must also say that we were not provided with any detail in advance of today’s meeting about what the committee wanted to consider. If Mr Rennie wants me to obtain that information from local authorities, which employ our ASN staff, I am more than happy to write to the committee with that detail.