Department for Education written question – answered at on 1 November 2016.
To ask the Secretary of State for Education, with reference to the Written Ministerial Statement of 6 December 2010, Col 7WS, what consideration her Department has given to the articles of the UN Convention on the Rights of the Child when making new policy and legislation since May 2015.
On 17 October I laid a Written Ministerial Statement before this House reaffirming the Government’s commitment to the UN Convention on the Rights of the Child. It stated that both the UNCRC articles and the Committee’s recent Concluding Recommendations serve as a helpful and important guide to making sure that our policies – whether they hold direct or indirect consequences – consider children.
It is very important that we analyse the impact of polices in relation to particular groups: this is a fundamental part of good policy-making. This is done in a range of ways, particularly through engagement with civil society and professionals. In addition, Cabinet Office guidance encourages all government departments to consider, and set out in summary, the anticipated effects of legislation on children and on the compatibility of draft legislation with the UNCRC. This guidance can be found at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/450239/Guide_to_Making_Legislation.pdf
In the Department for Education, impact on children and families is a core consideration when developing policy. This is reflected in reforms since May 2015, such as the Childcare Act (2016) and the Education and Adoption Act (2016). This last reflects, for example: CRC Article 2 on non-discrimination; Article 3 on best interests of the child; Article 28 –on a child’s right to education; Article 20 on children deprived of family environment; and Article 21 on adoption. Impact assessments are regularly undertaken by the Department for Education where children are directly affected by proposed changes. Most recently, on 18 May, the government introduced the Children and Social Work Bill. At that time the Department published an in-depth child rights impact assessment of the Bill’s contents. Secondary legislation will similarly be scrutinised against the CRC.
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