Secondary Education (Balancing Rights)

Portfolio Question Time – in the Scottish Parliament at 2:00 pm on 10 October 2024.

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Photo of Michelle Thomson Michelle Thomson Scottish National Party 2:00, 10 October 2024

To ask the Scottish Government what further support and guidance it can provide to secondary education establishments regarding the balancing of the right to education of both a victim of sexual assault and the alleged perpetrator. (S6O-03831)

Photo of Jenny Gilruth Jenny Gilruth Scottish National Party

There is no place for harassment or abuse in any form in our schools. Where staff have reason to believe that a crime may have occurred, they should follow school child protection procedures for onward reporting to Police Scotland and social work services.

In March, with the former First Minister, I launched a new framework for preventing and responding to gender-based violence in our schools. That framework is underpinned by the principle that all children and young people have the right to education, safety and justice, and that all children, young people and staff have the right to learn and work in an environment free from violence. The framework provides guidance for schools on how to respond to and support both the child or young person who has experienced gender-based violence and the one who has allegedly carried out GBV.

Photo of Michelle Thomson Michelle Thomson Scottish National Party

The cabinet secretary will be aware, as I am, of the research by Girlguiding Scotland and the University of Glasgow that shows that girls are too frequently experiencing inappropriate sexual behaviour or, indeed, assault. I am, of course, aware of the good work that is going on in the gender-based violence in schools working group. However, there still appears to be a need for specific consideration to ensure that victims are not isolated in learning hubs or other such places while repeat offenders can continue their school day as normal. I have had a recent case in my Falkirk East constituency addressing that specific concern.

Photo of Jenny Gilruth Jenny Gilruth Scottish National Party

I thank the member for her interest in the issue. I am aware of the research from Girlguiding Scotland, which is seriously concerning, and I am sorry to hear about the experiences of her constituent.

As the GBV guidance makes clear, the needs of the child or young person who has experienced gender-based violence should be central in determining a response to support them, and a clear plan to secure the safety of all children and young people who are involved, which includes appropriate actions, needs to be established by schools.

I acknowledge Michelle Thomson’s concern about the burden arising from any change to learning environments that follows young people being affected by sexual violence. I am, however, cognisant that schools should be given sufficient opportunity to implement the guidance—which, as I mentioned in my original answer, was published only in March.

The Government has committed to commissioning an independent review of the guidance to establish positive practices and further areas for improvement before the end of the parliamentary session, and I am happy to keep the member updated on the work of that review.