Belt up in the back!

Back to school, and the return of the school run.  For many children this will mean travelling in vehicles (usually buses or taxis) arranged for them by the school or education authority.

This school year marks the beginning of the requirement for the publication of annual seatbelts statements.  As of 1 August 2019 (or as soon as reasonably practicable thereafter) each school authority (i.e. education authority, proprietor of an independent school, or managers of a grant-aided school) must publish a seatbelts statement. This sets out what steps the authority has taken to comply with the seatbelts duty and to promote and to assess the wearing of seat belts by pupils carried by the authority’s dedicated school transport services.

The principal duty, which has been in force since 1 August 2018 for new school transport contracts, and will apply from 1 August 2021 for any remaining existing school transport contracts is as follows:

A school authority must ensure that each motor vehicle which the authority provides or arranges to be provided for a dedicated school transport service has a seat belt fitted to each passenger seat.

Section 1, Seat Belts on School Transport (Scotland) Act 2017

This covers both home/school transport and transport used for school trips, sporting events, residentials etc.

The Scottish Government has published guidance for schools: Seat Belts on School Transport (Scotland) Act 2017 – Guidance – which includes a template for the annual seat belt statement.

Of course, pupils with additional support needs make up a goodly proportion of those requiring school transport.  The guidance notes that:

Some pupils travelling on dedicated school transport may need specialist provision, such as smaller children needing a height-adjustable seatbelt, adjustable straps, lap belts, or adaptations which are required because a young person has Additional Support Needs. The Scottish Government recognises that school authorities, particularly local authorities, are better placed to conduct needs assessments in line with their existing obligations regarding education provision more generally and to make provision or enter into contractual arrangements to allow for this.

There’s not much in the guidance on this topic (in fact, it’s basically just this) but there are two assumptions which seem to run through this paragraph.  First, school authorities should conduct needs assessments in relation to adaptations required for pupils with additional support needs to use school transport.  Second, those adaptations should be made (either directly, or by ensuring that any contract for transport requires them to be made).  This is broadly in line with the reasonable adjustments duty for disabled pupils under the Equality Act 2010.

 

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Incorporating Children’s Rights (Consultation Response)

The Scottish Government is committed to enshrining the United Nations Convention on the Rights of the Child (UNCRC) into the domestic law of Scotland. The overall aim is to ensure that all policy, law and decision-making in Scotland takes into account children’s rights and empowers children and young people to know and understand their rights – asserting and defending them where that is needed.

This commitment is great news in principle, but how it will be incorporated into the law of Scotland is a detail that has not yet been resolved. Wholesale legislative change? Or piecemeal changes to domestic legislation ? The Scottish Government have put this question – and other implementation issues – out to Consultation.

It will come as no surprise to regular readers that my preference is for the most comprehensive incorporation possible. My response supports full incorporation of the UN Convention into law by drawing on the mechanisms used to embed the European Convention of Human Rights into UK law (and the model adopted by the Equality Act 2010 in relation to the public sector equality duty). By combining the two approaches, public authorities would be explicitly prohibited from acting in a way which is contrary to the UN Convention and breaches could be challenged in the Courts.

My response to the consultation is reproduced (with some editing for readability) below.

Continue reading “Incorporating Children’s Rights (Consultation Response)”