Laurence Findlay Corporate Director Education and Social Care Moray Council

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1 I refer to your letter dated 15 th October 2014 with reference to the subject above. In response, I have attached two documents which were shared with schools, one which was issued early in 2014 and the other which was issued in July Both were issued by me in my previous role as Head of Schools, although prepared in consultation with the Council s Corporate Management Team. These should hopefully answer most of the questions you have asked. It is worth noting that debates were organised in all our secondary schools by our youth work team and these were highly successful and ensured parity across all our eight secondary schools as there was consistency in how they were organised. In addition, some schools opted to hold additional debates. Laurence Findlay Corporate Director Education and Social Care Moray Council

2 2014 Referendum on Independent for Scotland Arrangements for Schools and Community Education Guidance 1. The 2014 Referendum on Independence for Scotland will be the first occasion on which a significant number of young people of school age are entitled to vote. For this reason it is appropriate that guidance is issued to all staff involved in the education of children and young people. 2. It is not intended that this guidance will address every situation which may arise. Instead it is intended to provide a framework within which issues can be addressed, and to signpost sources of further advice. 3. It is recognised that staff in both schools and CLD have delivered education on political literacy in relation to both elections and previous referenda, and that considerable experience and good practice exists within both services that can be deployed in relation to the 2014 Referendum on Independence for Scotland. Rights of Children and Young People 4. The United Nations Convention on the Rights of the Child, applying to young people below the age of 18, states that the Child shall have freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds (Articles 12 and 13). 5. The Human Rights Act 1998 enshrines in law provisions of the European Convention on Human Rights, including Article 10, which states that everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority. 6. The Curriculum for Excellence requires schools and Community Learning and Development to develop children and young people as responsible citizens, with a respect for others and a commitment to participate responsibly in political, economic, social and cultural life. 7. Within schools and CLD, the Council must therefore facilitate the rights of children and young people, in an appropriate manner, to seek, receive and impart information relating to the 2014 Referendum on an Independent Scotland; and to develop them as responsible citizens with a commitment to participate responsibly in political life. 8. Within schools, the Rights Respecting Schools programme, which recognises achievement in putting the United Nations Convention on the Rights of the Child at the heart of a school s planning, policies, practice and ethos, has provided a useful framework within which different views can be considered and examined in a politically neutral and unbiased manner, without necessarily being adopted by young people, and without being promoted by staff. 9. The role of Council staff will be to:- a. Let eligible young people know that they are entitled to take part in the referendum. b. Inform young people of how they can do this.

3 c. Inform young people of where to get information on the issues and assist them, in an appropriate manner, in obtaining information and considering the issues through the normal education processes. 10. This should be done in a politically neutral and unbiased way. Political Neutrality 11. All Council staff are required to act in a politically neutral and unbiased manner. That is, they must not, in the course of their work, promote one political viewpoint over another, or be seen to favour one political viewpoint over another. 12. This requirement is set out in the Council s Code of Conduct for Employees. Further advice is contained in the Independence Referendun Directions for Managers issued by the Corporate Director (Corporate Services). 13. In addition, the GTCS Code of Professionalism and Conduct sets out the professional standards that teaching staff are required to maintain. These professional standards are consistent with the requirement to act in a politically neutral and unbiased manner. 14. It is the responsibility of all staff in schools and CLD to act in a politically neutral and unbiased manner. It is the responsibility of all Headteachers and Senior Managers within Community Youth Services to draw this requirement to the attention of all staff, and to explain the practical implications of political neutrality. Educational Materials and Activities 15. The 2014 Referendum on Independence for Scotland presents an opportunity for interdisciplinary learning, for example consideration of opinion polls in mathematics and media studies, and results statistics in mathematics and geography. 16. Politically neutral and unbiased materials are available from bodies such as Education Scotland (CfE Briefing 14 Political Literacy) and the Electoral Commission (Political Literacy and the Referendum on Independence for Scotland). 17. It is likely that materials will be produced by both the Better Together and Yes Scotland campaigns. Such material may be used by schools and CLD in an educational context, and to inform young people of the options available to them in the referendum, but it must be used in a politically neutral and unbiased manner. For example, care must be taken to ensure that materials from one campaign are not given greater prominence that materials from the other. If materials promoting one point of view are used in an educational context, materials promoting the other point of view must also be used. 18. Materials gathered from the press, on-line sources, television etc are likely to be relevant to education and inter-disciplinary learning. Once again, staff must ensure that the materials used represent a range of opinions, and that materials promoting one political viewpoint do not dominate. 19. It is normal for schools to consider holding structured debates and mock hustings in the run up to an election or referendum. Staff of the CLD Service may also wish to, or be asked by young people to, support structured debates or mock hustings. The 2014 Referendum on

4 Independence for Scotland presents an opportunity for debate both as an end in itself, and to allow young people to explore and express their opinions. The 2014 Referendum on Independence for Scotland will be the first occasion on which a significant number of young people of school age are entitled to vote. For this reason it is particularly important that any structured debate or mock husting is carefully managed in order to ensure that all young people have an opportunity to participate and to express their views, and that an opportunity is given for every viewpoint to be expressed. 20. Youth groups within Moray may wish to initiate and organise debate in connection to the 2014 Referendum on Independence for Scotland. Council staff must respect the independence of such groups, but may advise it on the benefits to all of its members of a politically neutral and unbiased approach where all young people have an opportunity to participate and to express their views, and an opportunity is given for every viewpoint to be expressed. 21. School based or CLD staff may be asked by pupils to give a personal opinion. Staff should consider their answer carefully and ensure that it is appropriately neutral and unbiased. Access by Speakers/Campaigners to Schools and Community Youth Services Provision 22. Headteachers and Senior Managers within CLD Services must follow the Referendum Directions for Managers guidelines issued by the Corporate Director (Corporate Services) in advance of all elections and referenda; At all times it must be remembered that appropriate permission must be sought and obtained in advance of issuing any invitations or responding to any requests. Display of Posters/Badges etc. 23. Posters promoting a political viewpoint should not be displayed in any Council premises, except in school teaching areas for educational purposes in which case the guidance on political neutrality and bias must be applied. 24. In relation to the 2014 Referendum on Independence for Scotland schools should balance any offence or rivalry caused by, for example, a badge in favour of either the Better Together and Yes Scotland campaigns, against legitimate self expression. 25. No member of school or Community Youth Services staff should wear any badges etc. in connection with the 2014 Referendum on Independence for Scotland when engaged on Council business. Media Enquiries 26. All enquiries from the media must be directed to Corporate Communications within the Moray Council Cut off Point for Awareness-raising, Registration and Educational Activities 27. No activity related to the 2014 Referendum on Independence for Scotland should take place proactively within schools or Community Youth Services Provision after 27 June Any questions or requests for information relating to the holding of the poll (i.e. where to vote and how to cast a vote) may be answered. The Scottish Independence Referendum Bill bans

5 Further Advice the council from publishing certain material on the referendum during the pre-election 28 day period before polling day of 18 September For further advice, staff should contact their Headteacher or Senior Managers within Education and Social Care. Laurence Findlay Head of Schools and Curriculum Development

6 Dear colleagues Apologies for sending this over the holiday period, but it is important you receive this message as soon as you return. Further to previous guidance issued, it is worth reminding you that the Purdah period begins on 22 nd August and as this is the first time that 16 and 17 year olds will have a vote, it is important to highlight the following points; There should be no debates held in school in relation to the Referendum from when the schools return in August. Technically, you could have one up until 22 nd August, but this doesn t give much time and having discussed this with Mark Palmer, we have agreed that there should be no debates from the start of term. Almost all schools had one prior to the summer break. General, relevant classroom discussion in relation to current affairs, for example in Modern Studies, PSE or during registration can continue as it usually does in the run up to any election period as part of everyday learning and teaching and that is fine. It may be helpful just to remind staff of previous guidance etc issued by ourselves and by Education Scotland. Should you have any queries, please do not hesitate to contact me. Regards Laurence Laurence Findlay Head of Schools and Curriculum Development Education and Social Care Council Offices High Street Elgin IV30 1BX laurence.findlay@moray.gov.uk