Youth participation and citizenship: hearing young people’s voices in North Ayrshire

2018 is the year of young people in Scotland. The idea is to inspire Scotland through its young people, celebrating their achievements, valuing their contribution to communities and creating new opportunities for them to take the lead.

Research published by the Scottish Government in 2018, Young people’s participation in decision making in Scotland: attitudes and perceptions showed that while many thought “adults” were good at listening to their views, many other barriers to having their views and opinions heard existed for young people. One of the main challenges was a feeling that young people’s views are discarded because “‘it doesn’t fit with what they (adults) want to hear”.

Hearing young people’s voices

The North Ayrshire Youth Participation and Citizenship strategy is a “unique and transferable” youth-friendly children’s rights engagement process, which informs local policy, corporate priorities and strengthens the voices of young people in local communities.

The framework “values and respects” youth participation as fundamental in the ongoing work to enable all aspects of community life to prosper. The programme of youth engagement undertaken at North Ayrshire saw them awarded a COSLA Gold award in a ceremony at the end of 2017.

The Youth Participation and Citizenship strategy sets out how young people across North Ayrshire can play an active role in their schools and communities. The framework encourages and supports the engagement and participation of young people across a range of areas including:

  • YouthBank YouthBank Scotland is a grant making and empowerment initiative run by young people for young people. It builds on young people’s skills and experiences to enable them to give cash for action, funding young people’s ideas for the benefit of the wider community.
  • Participatory budgeting initiatives  where young people can help to decide on funding applications for local projects.
  • Local participation initiatives – including Youth Forums, Pupil Councils, North Ayrshire Youth Council, Youth Groups, Eco Committees, Sports Leadership and Peer Education schemes.
  • National participation initiatives  the Scottish Youth Parliament, British Youth Council and the Lesbian, Gay, Bisexual, and Transgender (LGBT) National Youth Council.

In December 2017, North Ayrshire launched its Year of Young People 2018 plan. Activities include ‘Joint Cabinet Live’ which will bring together young people from all over North Ayrshire via a live video link, to interact with the Council’s Cabinet Members on the issues faced by young people living in the area.

Co-production and giving young people a choice

There is a strong focus on co-production, facilitating decisions to be made with, not to young people. There is also an understanding that engaging young people in all aspects of community life, both at a social and an administrative level can have positive consequences for the whole community, not just for the young people who participate.

The council engages with young people to ensure that they know their voices are heard and that council policy reflects their needs and aspirations for the future. It builds the skills and confidence of young people who have the opportunity to participate and can strengthen community engagement and cohesion as more people become involved.

As part of the North Ayrshire participatory budgeting initiative, funding was allocated to youth projects across North Ayrshire, and young people given the opportunity to vote for where they thought the money should be spent. Each young Scot in North Ayrshire, was able to vote for three projects they thought would most benefit from receiving funding (projects varied depending on which North Ayrshire locality they lived in, but were all organised either by or for the benefit of young people in the region). They were able to vote in school, as well as in colleges, local youth clubs, or from home using their Young Scot card number to go online and register their choices. The results were announced on 9 February 2018 and saw funding allocated according to the votes of young people, with almost 7000 young people taking part, almost 50% of those eligible.

Award winning approach

In 2017, the North Ayrshire youth services team were awarded the COSLA gold award for their efforts. The award recognised the work of  the Youth Services team in creating a culture of participation, which allows young people to have a real impact in shaping the services the Council delivers. For example, the Council operates a joint Youth Cabinet, which allows young people to work alongside Elected Members and be directly involved in the decision-making process.

North Ayrshire’s engagement approach has been seen as a blueprint for engagement across the community within towns and cities across Scotland. Three months into the “Year of Young People”, other local authorities are being encouraged to follow suit and rethink how they engage and use the voices and opinions of young people within their communities to support inclusive decision making.

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Scotland eyes a youthquake with online voting: here are some tips from past pilots

Image: PA Images via the Conversation UK

This guest blog was written by Toby S James, Senior Lecturer in British & Comparative Politics, University of East Anglia.

One achievement for 2017, as the year came to an end, is that it has added a new word to the English language: youthquake. The idea is that previously silent and apathetic young people have awoken to exert their democratic influence on the electoral process.

Despite a 401% increase in usage of the word, a real youthquake is yet to happen. Voter turnout among 18- to 24-year-olds at the 2017 general election saw an upswing from 2015, but still only half (54%) voted. Participation in other types of elections remains much lower. Huge proportions of young people are also missing from the electoral register. There is therefore still a major gap in levels of electoral participation in Britain.

Now the Scottish government has published plans to reform how Scottish parliamentary and Scottish local elections are run, including an idea that many think will bring in younger people – internet voting.

The Scottish parliament recently gained new powers over how Scottish parliamentary elections and electoral registration are run. In its consultation document it wants to “explore and trial the potential of electronic voting solutions to” increase voter participation. The proposals for changes are impressively ambitious and more wide-ranging than those currently being considered by the UK government.

Internet voting has many supporters, who see enormous potential for improving voter participation among young people. It’s a sensible line of thought. There are many reasons why people don’t vote or engage with the electoral process, but a considerable amount comes down to basic convenience. We are busy. Registration and voting procedures that fit snugly with our everyday lifestyle will enable us to take part. Processes that are long-winded, archaic and bureaucratic will clink with routines, giving us just an extra reason not to vote. Young people are tech-savy and mobile phone ready. So why send them to the village hall to vote?

What we already know

The reality so far, however, is that internet voting hasn’t yet proved capable of bringing about a major awakening. Those with a long memory may remember that the UK actually piloted remote internet voting in 2002, 2003 and 2007 at a local level. In some areas, citizens could cast their vote from any personal computer with an internet connection using personalised information provided on their polling card.

This was part of a broader set of pilots introduced by New Labour which also included postal voting, telephone voting, SMS voting, digital TV voting and even supermarket voting alongside good old fashioned polling stations which began in 2000.

One lesson from these pilots, drawn from my my evaluation, was that it was actually all-postal elections that could have the biggest effect on turnout. This involved sending a postal vote to citizens automatically instead of asking them to go to the polling station. In the first year of pilots (2000), all-postal voting took place in wards in seven local authorities, and turnout rose in every instance on the previous year. In Gateshead, turnout jumped up from 26.4% in 1999 to 57.3% with all postal elections.

Drawing lessons about the the effects of internet voting were difficult because it was offered to citizens in pilots alongside many other ways of voting. This was a major design flaw with the pilots that shouldn’t be repeated in Scotland, if it goes ahead. Only one new voting method should be trialled in each pilot area so that we can see what effect it has.

A clear message, however, was that internet voting was much more frequently used when it was available up until the close of the poll – in many pilots it was unavailable on election day itself. This should therefore be made possible as part of any future pilot.

Subsequent international work doesn’t provide much evidence that internet voting considerably boosts voter turnout either. Estonia became the first country ever to use internet voting in binding national parliamentary elections in 2007. But again, there is no evidence of a major surge in youth turnout.

Concerns about cyber-security would probably make use at a UK-wide election a non-starter. But over ten years since the first UK pilots, there is a strong case for experimenting with new pilots of internet voting at the local level, where the motivations to hack an election are much lower, and the number of non-voters is much greater. Central and local governments have a responsibility to make voting as convenient as possible – and smart phones are much more widely available today than they were in 2003.

The lessons from internet voting experiments so far suggest that there are many other reasons why people don’t vote, however. These could be easily addressed with other measures, such as voter registration reform and civic education. Last year, the All Party Parliamentary Group on Democratic Participation proposed 25 measures to improve voter registration across the UK, such as the use of automatic voter registration. 2017 was also the year in which we discovered that electoral administrators had been cutting voter outreach work to engage young people due to financial austerity. There are therefore many other less headline grabbing reforms which could help to generate a youthquake.


Toby S James is Senior Lecturer in British & Comparative Politics, University of East Anglia.

This article was originally published on The Conversation website and has been republished with permission under a Creative Commons licence. Read the original article.

Toby’s research has been externally funded by the British Academy, Leverhulme Trust, AHRC, ESRC, Nuffield Foundation and the McDougall Trust. He has written commissioned policy reports for national and international organisations and given invited evidence to Parliamentary committees. He is currently a Fellow to the UK All Party Parliamentary Group on Democratic Participation and Advisor to the Law Commission’s Review of Electoral Law. He is also on the Scientific Board for Electoral Expert Review.

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Pursuing inclusive growth … will the Planning (Scotland) Bill be enough?

After months of anticipation, the Scottish Government has finally introduced the Scottish Planning Bill into Parliament this week. The need for reform was originally explored in 2015’s independent review (resulting in the report ‘Empowering planning to deliver great places‘) so progress has been relatively slow, with multiple workstreams and consultations working towards fulfilling the aims and aspirations of the review.

Ministers have insisted the Planning (Scotland) Bill will “improve the system of development planning, give people a greater say in the future of their places and support delivery of planned development”. The complexity of reform in this area is exemplified, however (if any evidence is needed), by the announcement at the end of November that the Draft Planning Delivery Advice on Housing and Infrastructure was to be withdrawn as (in the words of the Chief Planner) “there remain a number of areas of continuing disagreement”.

Enabling inclusive growth

The Bill proposes a number of measures including bolstering the status of the National Planning Framework, removing the requirement to produce strategic development plans and simplifying the processes for producing local development plans. The Minister for Local Government and Housing, Kevin Stewart, explained that “We should be focused on delivery rather than a continuous cycle of plan making”.

In a wide-ranging series of reforms, the Bill makes provision for simplified development zones. These are described as being “similar to, but will improve on, existing provisions for simplified planning zones. These will support more effective delivery of development through zoning of land, frontloading of scrutiny and aligning of consents.”

As expected, there is also a strong focus on empowering people and local communities and enabling them to have real influence on future development. The Bill includes a new right for communities to produce their own plans for their places. These ‘local place plans’ and their relationship to local development plans, has the potential to be complex.

At the time of the consultation on the Planning Bill, SPEL Journal highlighted concerns that community planning and land-use planning “speak to very different agendas” and the desire to reconcile the two presents difficult challenges.

As well as a number of changes to development management processes, the Bill also includes provision to strengthen enforcement powers, widen the scope of planning fees and introduce an infrastructure levy.

There is also a new requirement for members of planning authorities to undertake training.

Watch this space

Immediate responses to the Planning Bill seemed cautious.

The RTPI Scotland called for a “bold approach”. The Bill had “the right direction of travel and will fix some of the issues faced in planning our cities, towns and villages” However they questioned if it would be enough “to make the step change required for a world leading planning system.”

The Chair of the Scottish Alliance for People and Places, the Rt Hon. Henry McLeish commended  the significant consultation process that had led to this point, but said “there is space to build on its ambition” if Scotland is to achieve “a move to a much more inclusive, holistic and innovative system of planning”. This requires “articulating a compelling and positive vision for planning, rather than simply making technical changes”. Planning Aid Scotland chief executive Petra Biberbach said the Bill in its current form doesn’t go far enough on engagement and inclusivity and should be revised.

Concerns were also raised by the John Muir Trust over protection for Scotland’s landscape and environment. The JMT said it was disappointed by the Bill and that it risked introducing more centralising of control, in particular in relation to the balance between communities’ views and developers. “All this risks adding up to further, unaccountable ministerial decisions on issues better decided at a more local level.” As reported in SPEL Journal this year, the Trust has been involved in a number of planning appeals in the area of wind farm permissions and is a strong supporter, along with other organisations, of an Equal Right of Appeal for communities.

Completion of the Bill is subject to the Scottish Parliament’s timetable, but the Chief Planner has indicated that the Scottish Government expects it to be passed by the end of June 2018.


SPEL Journal (Scottish Planning & Environmental Law) is one of the leading resources on land use planning and environmental legislation across the country. During 2018, it will follow developments with the Planning Bill and provide expert commentary and analysis.

An annual subscription to SPEL Journal is £145. For further details or a sample copy, please contact Christine Eccleson, SPEL Journal’s Subscription Manager, on 0141 574 1905 or email christine.eccleson@idoxgroup.com.

Who’s caring for our young carers?

In less than two months time the UK will come together to recognise the 700,000 young people in the UK who provide care and support to families and friends, on Young Carers Awareness Day on 25 January.

Every day, children and young people provide physical and emotional care and support to their family members. Helping with household tasks, they care for young siblings, administer medication and deal with the emotional and physical stress of caring for a loved one with an illness. Estimates of the number of young carers living in the UK vary greatly. But Carers Trust suggests the number of young carers to be around 700,000 – that’s 1 in 12 secondary school-aged pupils. And those are only the ones we know about. Too many are falling through the net, going unnoticed and unidentified by services who can support them.

Attainment and employment

Earlier this year we joined in publicising the 2017 Young Carers Awareness Day, whose theme was “When I grow up”. The idea was to help people to understand how difficult it can be for young carers to realise their hopes and dreams for the future without the right support in place. A survey conducted by the Young Carers Trust found that over half (53%) of those surveyed were having problems in coping with schoolwork, with nearly 60% struggling to meet deadlines. Over 70% have had to take time out of school or learning specifically to care for a family member. A third admitted that they have to skip school most weeks.

With over 50% of young carers surveyed by The Children’s Society admitting that their caring responsibilities have caused them to miss days at school, and the burden of caring impacting on the ability of children to engage fully with school activities, it is unsurprising that young carers are twice as likely to be NEET as their peers. In addition, young carers in work find caring responsibilities have a disruptive effect on their workplace attendance, with understanding and flexible employers often being the difference between young adult carers remaining in work or becoming unemployed.

Mental health and wellbeing

Caring for a relative takes a massive toll on a young person. Recent reports published by Carers Trust and the Children & Young People’s Commissioner Scotland (CYPS) both show the significant mental health burden that caring places on a young person. Stress, isolation and anxiety that can come as a result of being a carer can have a significant impact on a child as they lose much of their contact with the outside world, become removed from social groups and miss out on opportunities to experience a “normal” childhood. Projects like Off the Record’s Young Carers Project in Croydon provide support and opportunities for respite for young carers. But it is clear that as child and adolescent mental health services  (CAMHS) are becoming increasingly stretched themselves, it is more important than ever to ensure that specialist services are also made available to young carers.

Partnerships working to provide support

Young carers often come into contact with multiple services. Education, social care, health and others all have an impact on young carers and their experiences and as a result can have a positive impact on their experiences too. Increasingly, services are being encouraged to cooperate in order to create a holistic support network for young carers, which encompasses every area of need they may have, and creates a seamless transition for young carers through all of their interactions with various services. Key coordinators and facilitators are vital in this role.

In the previously referenced report from CYPS, it was highlighted that many young carers felt positive about – and took pride in – their caring role, but that around two-thirds also said they felt “left out of things” at least some of the time. While they care for their loved ones, we need to make sure someone is caring for them.


Young Carers Awareness Day 2018 will take place on 25 January 2018.


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Autumn Budget 2017: a wintry economic outlook

On a chilly morning in Glasgow last Friday, delegates gathered at the University of Strathclyde’s Technology and Innovation Centre in Glasgow for the Fraser of Allander Institute’s (FAI) post-Budget briefing.

Chaired by Alf Young, visiting professor at the International Public Policy Institute, the presentation focused on the economic and tax measures in the Chancellor’s first Autumn Budget and the implications for Scotland as the Scottish Government prepares to present its own Budget next month.

The economy

The FAI Director, Professor Graeme Roy suggested that arguably the most significant element was the substantial downward revisions in UK growth forecast.

In its forecast for the next five years, the Office for Budget Responsibility (OBR) has wiped off £60 billion from the UK economy. The principal reason for this is the OBR’s shift in its outlook for productivity. As recently as March this year, the OBR were forecasting a gradual acceleration of the economy, returning to growth of 2% by 2021. Now, however, they believe that weak productivity performance in the wake of the financial crisis can no longer be seen as temporary, and that the slowdown is evidence of structural weakness.

Professor Roy described the implications of this for household incomes as “nothing short of dismal”. Scotland will not be immune from these pressure, and the Scottish Fiscal Commission is likely to be just as (if not more) pessimistic as the OBR.

The reasons for the UK’s weak productivity – labour hoarding, flat investment, inefficiencies in the financial system and a lack of labour market slack – add to the pressures on the Chancellor, who also remains committed to fiscal restraint. This, Professor Roy suggested, means budgets will continue to be squeezed for the next 15 years.

Taxation

Charlotte Barbour, director of taxation for the Institute of Chartered Accountants of Scotland went on to review the tax elements of the Autumn Budget.

She explained that it was a “predominantly English Budget”, with a number of measures that would not apply in Scotland, such as those concerning business rates, stamp duty, training investment, capital and resource funding for the NHS, and a number of measures affecting housing.

However, there were also measures which will affect the whole of the UK, including changes to the corporation tax main rate, freezing of the VAT threshold, a rise in income tax personal allowance and the raising of the higher rate threshold for income tax.

While the Autumn Budget contained relatively few taxation measures, Ms Barbour suggested that forthcoming issues are likely to have significant impacts, including moves by HMRC to make tax digital, taxation changes concerning the gig economy, the devolution of tax powers and, of course, Brexit.

Scotland

David Eiser, research fellow at the FAI reminded his audience, that, as far as Scotland was concerned, the Chancellor’s Budget was the first of two important economic announcements this autumn. On 14 December, the Scottish Government’s Finance Cabinet Secretary, Derek Mackay, will deliver his Budget to the Scottish Parliament.

The Chancellor announced that Scotland is to receive an extra £2bn in block grant funding, spread over the next four years. But the Scottish Government has argued that £1.1bn of this money can’t be used to support day-to-day spending on public services, and has to be repaid by the Scottish government to the UK government”.

Mr Eiser noted that, while in principle it would be possible for the Scottish Government to offset grant cuts by raising income tax in Scotland, there is a still a need to consider the performance of the Scottish economy.

Mr Mackay will face pressure to match the Chancellor’s decision to reduce stamp duty land tax for first-time buyers on properties up to £300,000 in England. But Mr Eiser argued that there are more effective ways of addressing housing affordability issues in Scotland than reducing the broadly similar Land and Buildings Transactions Tax.

Overall, Mr Eiser assessed that there are opportunities in the Scottish Budget to increase public investment and to explore the use of fiscal transactions to stimulate the economy. But with the block grant – not to mention welfare and other reserved spending in Scotland – still driven by UK fiscal policy, the outlook for public spending in Scotland looks tough.

A wintry outlook

In Scotland, the focus now switches to Mr Mackay’s Budget speech next month. The FAI will be holding another post-budget review, and the Knowledge Exchange Blog will report on this shortly afterwards.

But, as Professor Roy suggested, the main story of the Autumn Budget was the outlook for the UK economy. It’s been reported that this has been the worst decade for UK productivity since the Napoleonic wars. That stark historic perspective presents a grim backdrop for the UK economy as it prepares to leave the European Union.


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SURF conference 2017 – What Scotland has learned from 25 years of regeneration

Mural of a taxi being elevated by ballons, Glasgow

Fantastical floating taxi mural, part of Glasgow’s City Centre Mural Trail

By Steven McGinty

If regeneration has been so successful, why are there still so many pilots?

This was just one of the many thought-provoking points raised at the Scottish Urban Regeneration Forum’s (SURF) 25th Anniversary Conference, where the very activity of regeneration was put under the microscope.

In a packed room of delegates, the day opened with two opposing views.

  • The first argued that although regeneration had undoubtedly had its failures, there had been a number of important successes, which had resulted in better places and opportunities for both communities and individuals.
  • The second – and more pessimistic perspective – was that regeneration policy had entirely failed, and that the areas experiencing poverty and deprivation had barely changed over the past 25 years (particularly in Glasgow, where much of the regeneration activity has been focused).

This provided a useful lens through which to view regeneration, as we moved onto a day of workshops and debates on 25 years of regeneration policy, starting from New Life for Urban Scotland all the way up to City Region Deals.

Below I’ve outlined some of the most interesting points to come from these sessions.

Universal income

There was broad agreement that regeneration was about more than building homes, and that one of its core purposes was to tackle inequality.

Universal Basic Income is a policy in which everyone in society is given a sum of money, without any conditions. This policy – likely to be popular – was proposed by a delegate, highlighting its potential for addressing increasing levels of income inequality. A pilot study is already underway in Finland, with participants reporting lower stress levels and greater incentive to work. The Scottish Government has also recently committed to funding local experiments in Fife, Glasgow and North Ayrshire Councils.

Communities need assets

In many of the debates, it was felt that community ownership of buildings and land was key to ensuring a fairer distribution of society’s wealth. Other benefits of community ownership include protecting key local services/facilities (which may have otherwise been lost) and offering better stewardship, as the community have a greater understanding of local needs.

Research has also shown that local communities – who have replaced private landlords – have outperformed the landlords they have replaced. In the past two decades, the value of their land has increased by almost 250%.

Distinctiveness of place

Delegates highlighted that local areas often need local solutions.  For instance, a representative from the Bute Island Alliance noted that addressing their declining population was key to their regeneration goals.

Community consultation

There was a strong feeling that communities had to be consulted. A representative from a local charity explained that “if you are working for a community, then it must include the community”. Others, suggested that some communities would not have the capacity to make decisions on regeneration projects. Yet, this was quickly deemed patronising, with many noting the series of failures by public officials.

Charrettes were seen as an ideal tool for consulting with communities. The Scottish Government define a charrette as:

an interactive design process, in which the public and stakeholders work directly with a specialised design team to generate a community vision, masterplan and action plan.”

The representative from the Bute Island Alliance highlighted that this process had been very helpful in the development of their regeneration plans.

Bringing communities together

It was widely acknowledged that communities are becoming more diverse, and that it’s important to include all members of society. One delegate recounted her experience of Social Inclusion Partnerships (SIPs) – an initiative which aimed to reduce social exclusion – explaining that this model was very successful at engaging with black and minority ethnic (BME) groups. We’ve also seen the Scottish Government recognise the need to encourage young people to get involved in local planning decisions.

Building an inclusive economy

Regeneration has always found it difficult to respond to wider political, economic, social and technological factors. Over decades, deindustrialisation and the change to a more knowledge-based economy has caused significant challenges for communities. For regeneration policy to be successful, it was suggested that people would need to be equipped with the skills to take part in future industries; otherwise we may see inequalities widen. Cities such as Dublin have seen rents increased dramatically due to the inward migration of highly-skilled technology workers, putting pressure on household budgets and showing the challenge for regeneration.

Final thoughts

In the past 25 years there has been an important shift in regeneration, moving from house building programmes to a more holistic approach, which includes policy areas such as health, employment, and the environment. However, the most recent Scottish Government regeneration strategy was published in 2011. It might therefore be time to revisit this strategy and provide a new vision for regeneration, taking recent learning and the changing environment into account. Maybe then, in the next 25 years, there will be no doubt over the successes of regeneration.


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Highlights of the SPEL conference 2017

This year’s Scottish Planning and Environmental Law conference, held in Edinburgh’s COSLA building, focused on Anticipating and preparing for change and covered a range of topics from the impact of Brexit on planning and environmental law in Scotland to how planning and planners can help tackle the growing housing crisis. Delegates were given the opportunity to reflect on the challenges for planning and environmental law in Scotland as well as the great opportunities the next few years may present to the profession.

Bringing the planning profession together

The conference provided an opportunity for professionals from across the planning and law professions to come together to discuss some of the key challenges to their profession going forward. While Brexit was high on the list of discussion topics, the possibilities for reform, and the opportunities for practitioners to learn and share their experiences and knowledge with one another, for what is now the 26th year of SPEL, continued to be at the heart of the conference discussions.

Is planning fit for purpose?

Chaired by Stuart Gale QC, from event sponsors Terra Firma Chambers, the conference was opened by Greg Lloyd who addressed the issue of the “distinctiveness” of the Scottish planning system, asking the question, “Is planning fit for purpose?” In the context of Brexit and with the benefit of years of planning knowledge, Greg discussed the performance of planning and how its modernisation is equipping planners to deal with challenges in the future.

The Rt. Hon Brian Wilson, former UK energy minister, spoke next on the challenges energy targets are posing not only for environmental lawyers and practitioners but also for planners. He discussed how the drive to achieve energy targets both in renewable and traditional energy generation needs to be tackled as much by planners as environmentalists and politicians. He also highlighted the need to meet the growing demand for energy by helping to reduce energy use and tackle wider socioeconomic issues relating to energy in Scotland.

Brexit – the impact on planning

The morning session was brought to a close firstly by Laura Tainsh from Davidson Chalmers who spoke about the intricacies, expectations, challenges and potential opportunities for environmental law and practitioners in Scotland following the UK’s decision to leave the EU. She highlighted the importance of ensuring that the essential elements of environmental law are retained within any future UK or Scottish legislation and that a system is created which provides an opportunity for robust scrutiny and maintenance of standards, specifically in relation to the consistency of application. She also discussed some of the ways in which existing principles and policies can be future proofed. Following on from Laura, Robert Sutherland gave an overview of recent developments in community right to buy in Scotland.

The morning session also included a case law roundup which reviewed and discussed recent significant cases including: RSPB vs Scottish Ministers (2017); Douglas vs Perth and Kinross Council (2017); and Wildland ltd vs Scottish Ministers (2017).

Delivering new housing

The afternoon opened with a panel session, where speakers tackled the million-dollar question of whether planning reform will assist in the delivery of new homes to help tackle the growing housing crisis. Speakers from Renfrewshire council, the University of Glasgow, house builder Taylor Wimpey, and Rettie & Co. discussed a range of topics from barriers to the delivery of homes and infrastructure, to the setting of national housebuilding targets, as well as the challenge of building the right sort of housing, in the right place at the right cost, and the role of local authorities in meeting housing need.

The afternoon session included a second case law roundup which saw review and discussion of recent significant cases including: Taylor Wimpey vs Scottish Ministers (2016); Angus Estates (Carnoustie) LLP vs Angus Kinross Council (2017); and Hopkins Homes Ltd. vs Scottish Ministers (2017).

The role of planning in driving inclusive growth

The conference was closed by self-professed “economic agitator” Ross Martin, who discussed the role of planning more widely within Scotland’s economy and its role as an agent for driving inclusive growth. He stressed the need for planners and other related professionals to look at the “bigger picture” when it comes to planning, using the system as the engine for growth and development, rather than as a barrier, and challenged those in the room to think creatively about how planning can play a role in strategic, but inclusive growth in Scotland going forward.

Some of the key points of discussion to come out of the conference were:

  • Planners, and planning lawyers need to recognise the importance of the wider social and economic context on their decision making, even if that decision only relates to one single building
  • Brexit is providing a lot of uncertainty and raising a lot of questions about the future of planning and environmental law in Scotland and the UK as a whole, but it may provide an opportunity for practitioners to take the lead and shape the system in a way that better suits current needs
  • There is scope and appetite, following the UK’s decision to leave the EU, to create a specialist planning and environmental law court to help scrutinise decisions and fill the void left by the EU in terms of accountability and implementation of environmental law, practice and strategy going forward

SPEL Journal is a bi- monthly journal published by the Idox Information Service. The journal is unique in covering all aspects of planning and environmental law in Scotland. Each issue contains articles on new legislation, significant court cases, expert comment on key planning appeals, government circulars and guidance, ombudsman cases and book reviews. SPEL deals with matters of practical concern to practitioners both in the public and private sector. Please contact Christine Eccleson at christine.eccleson@idoxgroup.com if you are interested in learning more about the journal or our subscription rates.

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Opt-in, Opt-out? A new system for organ donation in Scotland

Guest blog by Findlay Smith

Credit: Soeren Stache / DPA/Press Association Images

The Scottish Government is in the process of bringing forward legislation to introduce a ‘soft opt-out’ scheme for organ donation. Public Health Minister Aileen Campbell stated that the move will be one step of many in a “long term culture change” regarding organ donation.

A ‘soft opt-out’ scheme operates on the assumption that lack of objection on an individual’s part can be considered ‘deemed consent’.

This means that people in Scotland will have a choice to:

  • actively opt in – being placed on the organ donor register; or
  • do nothing – which will now be treated as ‘deemed consent’; or
  • actively opt out – being removed from the donor register

 Current situation in Scotland

According to the British Medical Association, as of 6 March 2017 there were 530 people in Scotland waiting for an organ transplant, with more than 1 in 10 dying before receiving a transplant.

Scotland currently operates an ‘opt-in’ system – to be a donor, you must actively register with the donor card scheme.

Although support for organ donation is high among the Scottish public, and there are indications of support for deemed consent, less than half of Scotland’s population are registered organ donors, with 45% registered.

Aimed at increasing the rates of organ and tissue donation, a public consultation was held by the Scottish Government between December 2016 and March 2017. The results indicated that 82% of respondents supported the principle of a ‘soft opt-out’ system.

Comparison with Wales

One example cited by the Scottish Government of a successful ‘soft opt-out’ policy is in Wales. In 2015, following the passing of the Human Transplantation (Wales) Act in 2013, Wales became the first country in the United Kingdom to introduce deemed consent for organ donation.

Due to these changes being implemented very recently, it is too early to accurately assess the impact of deemed consent in Wales, as it can take several years for an observable change in donation rates.

However, despite the absence of concrete figures, there are some promising signs. The British Medical Association reported in December 2016 that 39 organs had been transplanted in Wales as a direct result of the change in laws.

The Spanish model

Looking elsewhere in Europe, Spain has the highest rate of organ donation in the world, at a reported 40 donors per million people in 2015.

Whilst they have a nominally similar system to Wales, in practice they operate in a different manner. Although Spain introduced an ‘opt-out’ system in 1979, the system itself is considered ‘insignificant’ when looking to explain their world leading donation rate, as in the decade following the change in legislation there was no substantial increase in organ donation. This may be due in part to the ‘opt-out’ process rarely being applied in practice, as family members always have a final veto.

Crucially, in addition to the change in system, Spain has also drastically improved the infrastructure used to identify and recruit potential donors. In 1989 the National Transplant Organisation (ONT) was established, and Transplant Co-ordinators were placed inside every hospital.

The role of the Transplant Co-ordinator is to identify potential organ donors as early as possible. What makes the Spanish model innovative (it has since been emulated elsewhere in Europe), is the widening of the pool of potential donors. Rather than focusing on people in intensive care, potential donors are also identified in accident and emergency rooms and hospital wards.

The role of family members in this process is also key. The early identification of potential donors allows a strong relationship to be built with family members. As they have the final say, getting them on board early can make a significant difference. The Scottish Government seems to be aware of this, having conducted a fact-finding mission to Madrid in 2015, consulting ONT Director Rafael Matesanz.

Final thoughts

The examples highlighted suggest that if the introduction of ‘soft opt-out’ legislation is to be successful, it may not solely be the result of the legislation on its own. Improvements in infrastructure, organisation, and dialogue with families of potential donors will also be crucial. Transitioning towards this change in practice will require a change in culture in the NHS around organ donation.

These steps taken in Scotland, which follow the lead of Wales and draw from the Spanish model, are also now being considered in England. Assisted by a lengthy campaign from the Daily Mirror, Labour MP Geoffrey Robinson’s Organ Donation (Deemed Consent) Bill was introduced to Parliament on 19 July 2017 and is due for debate on 23 February 2018.


Findlay Smith is currently in his final semester of study of the MPP Public Policy Programme at the University of Stirling. Findlay has recently completed a voluntary two week work experience placement with the Knowledge Exchange team in Glasgow.

Beyond Brexit? How to assess the UK’s future – a new resource

The EU flag, with the Brexit on it appear, in the form of a jigsaw puzzle.

By Steven McGinty

Although Brexit negotiations are officially underway, there is no clear vision of how the UK will look once it’s left the European Union.  Politicians – including those within government – appear to be divided on the issue, with Chancellor Philip Hammond’s wish for a softer Brexit seemingly at odds with Brexit Secretary David Davis and Foreign Secretary Boris Johnson.

This uncertainty has left businesses, local authorities, and the general public struggling to plan for the future, and in search of answers to help navigate these difficult Brexit waters.

One valuable resource they may turn to is Professor Janice Morphet’s new book, Beyond Brexit? How to assess the UK’s future.

In this short guide, Professor Morphet – an expert in infrastructure, the EU and public policy – takes a long term view and attempts to understand the whole range of options that may be deployed by the UK, EU, and other international institutions.

Below we’ve outlined some of the main themes of the book.

Implications for devolved nations and territories

The impact of the EU referendum result has been strongly felt by the devolved nations and territories.

For example, Scotland’s First Minister, Nicola Sturgeon, has argued that Scotland (where 62% voted to stay in the EU) should be recognised in the Brexit negotiations, and that Scotland should be allowed to come to an arrangement on continued EU membership.

Similarly, Gibraltar (where 96% voted in favour of remaining in the EU) is looking to retain access to the EU’s single market and free access across the EU border. There have also been diplomatic tensions, with the suggestion that there should be no UK/EU agreement – that includes Gibraltar – without the consent of Spain.

But beyond these specific issues, Professor Morphet raises the wider point that EU legislation is a fundamental component of specific devolved powers.

This is because much of the powers devolved to Scotland, Northern Ireland, and Wales are derived from legislation initially agreed within the EU. In Professor Morphet’s view, devolved nations will need clarification on how they’d retain decision-making powers, including whether a new set of powers would need to be introduced. One suggestion discussed is the need to create a federal constitution guaranteeing the devolution arrangements.

Benefits of the EU

During the referendum campaign there was limited discussion on the value of EU membership. Even the Remain campaign focused on the negative impact of leaving, rather than the positive impact of being a member of the EU.

Professor Morphet provides an authoritative look at some of these benefits, including the:

  • importance of being inside the world’s largest market;
  • ability to engage diplomatically as part of a global diplomatic group;
  • development of an EU-wide energy policy, ensuring energy security; and
  • commitment to achieving higher environmental stands across the EU.

Options for future UK/EU institutional relationships

Much of the UK’s future relationship with the EU will be dependent on the current Brexit negotiations. As such, it’s unclear whether the UK will achieve a bespoke arrangement with the EU, gain an agreement similar to another country (such as the Norway or the Swiss models) or if there will be any deal at all.

Professor Morphet discusses this wide variety of options, and considers some of the challenges for the UK Government – who at the moment appear undecided on how far outside the EU they would like to be.

Immediate actions that must be taken by the UK

Before the EU Referendum result many high profile individuals and institutions claimed the UK economy would collapse. This included former Chancellor George Osborne, who suggested there would need to be an emergency Brexit Budget, and the Bank of England’s governor Mark Carney, who warned that the UK risked heading into a recession.

However, even though the economic slowdown has not occurred, there have been signs that the referendum result has impacted the UK on a variety of levels. For instance, Professor Morphet highlights that there has been an effective 11-16% devaluation of the pound, and that inflation is likely to rise in 2017. For her, stabilising the economy should be the priority for the UK government, arguing that it needs to offer a clear view of Brexit to reduce the political uncertainty.

Final thoughts

Professor Morphet’s latest book is a must read for anyone with an interest in how the country will look post Brexit. By her own admittance, the book does not provide all the answers, but it does provide a framework for making sure the right questions are asked during the negotiation period and beyond.


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To find out more information please contact our team on 0141 574 1920 or contact us online.

Buurtzorg: reinventing district nursing in Scotland

Buurtzorg roughly translates from its native Dutch as “neighbourhood care”. The model, used extensively in the Netherlands, has attracted international attention as a novel way to deliver community based nursing programmes. Its positive reputation and recorded successes in areas of Holland are attributed to its innovative use of locally-based and locally-aware nursing teams to deliver high-quality person-centred, but low-cost, care.

Seeking to improve core health outcomes

In the Netherlands, Buurtzorg was designed to engage three key health priorities:

  • Health promotion
  • Effective management of conditions (in a community setting)
  • Disease prevention

It focused particularly on the elderly, those who move regularly between hospital and home, and those with long term, constant care illnesses. It has also been used with patients with progressive illnesses such as dementia, with some nurses within the teams being given training to become dementia specialists where appropriate.

The model includes the following key elements:

  1. Holistic and personalised care – where assessments of need are integrated into and form the foundation of agreed care plans
  2. Mapping networks of informal care, and assessing ways to involve these networks in treatment plans
  3. Identifying other formal carers and organisations who provide care services and coordinate their input
  4. Taking steps to support the client in his/her own environment
  5. Promoting self-care and independence on the part of patients.

A number of studies of pilot sites across the UK and beyond have identified the positives and some challenges of applying the Buurtzorg model in different contexts. Some of these are outlined in the table below.

Applying the model in Scotland

In a Scottish context, the model has been applied in a number of areas, with the initial pilots making way for a wider roll out of adaptations of the model. In March 2017, as part of a wider research project, nurses and management staff from NHS boards across Scotland met in Perth to discuss learning and exchange best practice around how the model could be adapted and further rolled out in the future.

It highlighted the different stages that many Buurtzorg areas were at in their roll out, with some like Aberdeen and the Borders far more established than Argyll, who were at the time only in the earliest stages of their Buurtzorg journey. The research and learning event gave practitioners the opportunity to engage and further cement both formal and informal learning networks, which have been identified as key to the success of the Buurtzorg model both in the UK and elsewhere.

The importance of information sharing and informal learning

Rolling out the model in test sites highlighted the importance of planning and learning, and of creating a strong sense of trust between practitioners and NHS management, but also between the Buurtzorg nurses and their service users and other professionals. This change in mindset regarding ways of working, and a change in the chain of accountability was something, which, according to those practitioners who attended the Perth event, many sites have found to be a significant barrier to effective implementation.

However it was also highlighted that promoting and facilitating the creation of formal and informal learning networks and learning spaces can be an effective way to generate conversation about best practice as well as allaying some fears that may persist regarding working culture and approaches, including partnership working with other agencies and understanding risk in the working environment.

In Scotland, approaches have varied, from encouraging nursing teams to create videos and then post them to an online forum, employing more formal training plans to incorporate multiple agencies and ensure that everyone is “singing from the same hymn sheet”, or holding informal drop-in or open space events where staff are supported in their role and given advice to alleviate and find potential solutions to issues.

Practitioners also highlighted that it is important to provide a space where teams can examine what did not work well, and why. Learning from mistakes can often be as beneficial as learning from good practice, as these can provide insights into issue management and resolution as well as how to implement the programme effectively.

It is also clear from feedback, that while a strong core network of nurses and other community based practitioners is vital to the success of Buurtzorg care models, the back team support is also just as important. Creating efficient and streamlined processes leaves nursing teams free to care for patients and allows them more time to develop and deliver the person-centred care which is a key element of the Buurtzorg model.

Final thoughts

Learning from the experiences of the trial projects in Scotland has provided invaluable insights on how the model can be applied and some of the challenges that can be encountered because of the differing context. This knowledge can then be used to shelter and steer newer projects away from danger areas toward best practice and innovative collaborative working. Applying Buurtzorg in Scotland gives the potential to create and implement new models of holistic person-centred care, where practitioners with local and specialist knowledge interact at a local level with other care providers, join up approaches and create a better care experience for service users.

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