Do we have ‘Golden Opportunity’ reset?
I hear you ask, what is he talking about this time? I had the privilege a couple of weeks ago of attending one of IntAPA’s DiACs. An IntAPA take on the work of AISee Collaborative, DiAC - Drop in Advocacy Café’s.
This was a great global discussion with fellow members. These members included advocacy practitioners and other members who have an advocating component to their main day job, teachers, allied health professionals, social workers and more.
What came to the fore very quickly was the global regression and practice of avoidance as opposed to more meaningful inclusion within education, occupational opportunities, for the communities of autism, ADHD and learning disabilities.
Personally, I admit, I was a bit taken aback by this. Especially given from Listening Globally, Thinking Nationally, Acting Locally, LGTNAL, from across 36 countries, it was collectively identified the 17 systemic challenges, a global first faced by this community, and there have been significant strides or so the rhetoric would have us believe in addressing them.
Interestingly for me, I took the opportunity, from a Scottish context, and brought up two recent pieces, excellent pieces of Scottish legislation into the discussion namely
UNCRC Incorporation (Scotland) Act 2024
This act came into force on 16 July 2024. It directly incorporates the United Nations Convention on the Rights of the Child into Scots Law within devolved competence. It makes it unlawful for public authorities to act incompatibly with UNCRC requirements.
- Legal Enforcement: Children, young people and their representatives can take public authorities to court for violating UNCRC rights.
- Public Authority Duties: Public bodies must ensure their actions comply with UNCRC.
- Children’s Rights Scheme: Scottish Ministers are required to create a scheme to better effect children’s rights and report annually.
- Impact Assessment: A Child Rights and Wellbeing Impact Assessment (CRWIA) must be prepared for new legislation and strategic decisions.
- Commissioners Powers: The Children and Young People’s Commissioner Scotland have the power to take legal action in cases of right breaches.
The Act covers all aspects of children's lives, including the right to education, health, play, and protection. It ensures that children's rights are legally protected, making them directly enforceable in domestic law.
Note: many attendees of the DiAC were surprised by UNCRC Incorporation as to just parliamentary ratification. Attendees were kindly reminded of the six continental webinars I did in the autumn of 2024, on UNCRC.
Education (Scotland) Act 2025
This Act reorganises Scottish education governance, creating “Qualifications Scotland” to replace the SQA, and establishing an Independent HMCI of Education. It enhances rights by strengthening learner/stakeholder voices in reforms and focussing Education Scotland on curriculum design.
With Respect to Rights:
- Enhanced Voice and Engagement: This legislation mandates that the voices of children, young people, teachers, and practitioners are heard in educational governance.
- Independent Inspections: HMIE is established as a separate entity from Education Scotland to provide independent, impartial oversight.
- Learner-Centred Qualifications: The new body, Qualification Scotland, is designed to be more collaborative and focused on needs of learners
- Curriculum Focus: Education Scotland is refocused specifically on design, delivery and improvement to the curriculum.
Both enhanced and opened the discussion right up, I saw and heard wonderful multi-disciplinary practitioners being genuinely connected, communicating, with broad contributory respecting discussion.
One asks, why does this matter in Scotland? Scotland is not alone. Scotland like other countries now has close to half of the school’s population 43% according to recent report having an additional support need.
Conclusions
This international DiAC, went beyond, borders it enhanced knowledge and generated the following message being taken back to their colleagues and organisations and communities.
‘Excellent legislation to make inclusion meaningful and matter, and to bring an education system up to ‘fit for purpose’ for including, educating, person focussed, outcome focussed, beyond academia. An opportunity to educate children and young people for the future, their future, for their benefit, employers’ benefits and societies benefit.’
Big caveat question.
Does the Scottish Communities know this, and will there be genuine opportunity for collaboration and will the Scottish people themselves take the
Opportunity to collaborate?
This is a must for collaboration, individuals, families, employers and policy makers, at all levels, when one adds the ASN trajectory to the aging trajectory of carers now in retirement age and indeed in their 80s, even 90s. we are as a nation on an unsustainable pathway.
I cannot answer this. I do however fear like so many positives, I hear from these events, opportunities may be lost due to cronyism, nepotism, political appointeeism and tactical avoidism, all not unique to one country or another.
This was great discussional beyond borders event.
A Golden Opportunity for Scotland and beyond to capture ‘real practice application’ and ‘inclusive reflective learning.’
Thom Kirkwood PhD. FITOL. FIntAPA. MIEP. GA.
Global Interlocutor
International Advocacy Practitioners Association.
Empowering Voices, Improving Practice, Informing Choices.
March 2026
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