Preparation of an interaction on historic child abuse
The Scottish Human Rights Commission (The Commission) was established by The Scottish Commission for Human Rights Act 2006, and formed in 2008. The Commission is the national human rights institution for Scotland and is independent of the Scottish Government and Parliament in the exercise of its functions. The Commission has a general duty to promote human rights and a series of specific powers to protect human rights for everyone in Scotland.
Background to the work
During the term of its first Strategic Plan the Commission has prioritised the promotion and protection of human dignity through a human rights based approach to care. An important part of the Commission’s work to advance this goal has been the development of a Human Rights Framework for Justice and Remedies for Historic Child Abuse (the Human Rights Framework). This was published in February 2010.
To secure progress in implementing the recommendations included in the Human Rights Framework the Commission plans to hold (an) interaction(s) in 2012 with all of those who have a stake in the issue. The purpose of these interactions is to agree an action plan to implement the recommendations.
As part of the work outlined above, the Commission invites applications to tender for the preparation and convening of the interaction(s).
This contract should result in four outputs:
1. a comprehensive risk assessment and risk management strategy for the convening of (an) interaction(s) with survivors of historic child abuse, representatives of child care institutions, Government, civil society and other bodies which have or had responsibilities for child care;
2. an interim project plan for the preparation of such (an) interaction(s);
3. a full project plan for the convening of such (an) interaction(s);
4. the convening of such (an) interaction(s);
The Commission considers that this contract can be completed by the following steps. The consultant will be expected to remain in contact with the Commission at all stages, with periodic meetings to discuss progress in advance and following project outputs.
1. preparation of interaction:
a. identify individuals and organisations to engage with in preparation of the interactions;
b. develop a thorough risk assessment and risk engagement strategy; Output 1 – risk assessment
c. in liaison with the Commission and a range of those persons and organisations identified in (a) above develop a project plan for the preparation of one or a series of interactions. Output 2 – project plan
d. Hold preparatory meetings with each of these constituencies, to discuss the process and assess capacity needs for participation as well as preliminary discussion of their concerns and understand what they would see as a successful outcome;
e. Develop appropriate steps to enable the effective participation of all constituencies, including a mechanism to reflect the views of people who may be extremely vulnerable and unable to take part directly in an InterAction; develop effective support structures for participants;
f. Work with the Commission to consider how the interests of various parties might be reconciled in a manner which is appropriate in human rights terms
g. Work with the Commission to identify an appropriate Chair;
h. develop an outline for the session, working with the Chair and the Commission to agree an approach to:
i. appropriate framing questions;
ii. possible risks and reframing approaches in event of polarisation of views;
iii. source an appropriate venue
i. output 3 – complete plan for delivery of the interaction(s) based on findings of (a) to (h) above.
2. support delivery of interaction:
a. act as convenor for the interaction, with agreed responsibilities for executing elements of output 3. This is likely to include ensuring all logistics are secured (overseeing arrangements for logistics with which Commission staff can assist); acting as the “host” and facilitating an atmosphere of trust amongst all participants, briefing and advising the Chair, ensuring well-being of all participants, trouble-shooting to support the Chair.
b. Output 4 – convening an interaction
Desirable and Essential Criteria
· relevant post-graduate education in social work, psychology or other relevant field;
· significant experience of working with adults at risk of harm and of addressing issues related to historic child abuse;
· understanding of human rights principles and how these should be put into practice in relation to child care and adults at risk of harm;
· understanding of the principles of negotiation and experience of reconciling different perspectives to agree common outcomes;
· Knowledge of the Human Rights Act 1998
· Experience of mediation and negotiation
The proposed timeline for delivery is subject to agreement. An indicative timeline is:
17th February 2012 -induction meeting & start date
31st March 2012 – deliver outputs 1 and 2
30 April 2012 – deliver output 3
May/June 2012– deliver output 4
It is envisaged that the schedule of work would require a total of around 30 days of one senior consultant, or an equivalent divided between a project team.
How to apply
Applicants are requested to submit proposals for this work which should be as concise as possible (no longer than 4 sides of A4) and include the following information:
· an outline of the proposed methodology to be used to achieve the research objectives;
· an indicative budget for the work.
· an indication of key foreseen risks in the research and how they will be managed;
· a profile of the project team, including the name and one page CV of the Project Team/ consultant;
· referees who are able to attest to the quality and timeliness of the applicant’s work;
· Full contact details for the Project Team/ consultant.
The deadline for receipt of applications is 12pm, Wednesday 8th February 2012.
Please send applications to firstname.lastname@example.org with “Interaction on historic abuse” in the subject line.
If you have any questions related to this tender, please contact Duncan Wilson by email Duncan.email@example.com
Applicants may be contacted by email or telephone to clarify their application. The Commission aims to inform all applicants of its decision by 15th February 2012.
Commission members and staff who will be responsible for managing the contract will assess the merits of each tender. Each proposal will be assessed and the winning tender will be the proposal considered to be of the highest quality which best fulfils the criteria set out below:
· familiarity with the field and previous relevant experience;
· degree to which the Project Team/consultant meet the essential and desirable criteria;
· suitability of the proposed methods (where proposed methods differ from any suggested methods, specific reasoning is requested);
· awareness of and approach to risk management and quality control;
· Evidence of capacity, experience and skills required to undertake the proposed project including project management and achieving desired outcomes;
· The proposal of a realistic timeframe;
· Evidence of previous harmonious working relationships with contractors;
· Evidence of previous high quality outputs;
· A satisfactory assessment of commitment to human rights and ethics;
· The proposed budget compared to the funds available.
SHRC is not bound to accept any applicant.
On occasion prospective contractors may be required to make a proposal presentation before a final decision is made with regard to awarding a contract.
All those who have been involved in the tendering process will be informed in writing or by telephone. Feedback can be provided to unsuccessful applicants at this point on request.
Prior to the provision of a signed contract, an induction meeting will be held with the SHRC (provisionally scheduled for 17th February 2012) in order to:
· Clarify the roles and responsibilities of the contractor/s and SHRC and establish a working relationship;
· Confirm a common understanding of the planned work and realistic expectations;
· Clarify the aims and objectives of the project;
· Clarify the methodology to be utilised;
· Provide the contractor/s with any additional information required;
· Reach a consensus regarding quality standards and expected outputs;
· Agree the terms of a contract;
· Discuss and finalise an agreed timetable for the required outputs.
The contract will contain information regarding the terms and conditions for the specific piece of work being commissioned. SHRC works from a template contract which will be personalised through negotiation with the successful contractor/s and signed by both parties.
The contract will cover:
· The agreed scope of the project;
· A timetable for the project and payment schedule;
· A statement regarding copyright and ownership of the any outputs;
· Arrangements for approval of any sub-contracting;
· The law applicable to the contract.
The Scottish Human Rights Commission (the Commission) was commissioned in 2009 by the Government to produce an independent human rights framework for the design and implementation of an “Acknowledgement and Accountability Forum” for historic child abuse. The Commission developed a comprehensive and ambitious framework based on a review of international human rights law, research on the views of survivors and others, comparative experiences from other countries. The Human Rights Framework published in February 2010 included 9 recommendations which continue to be relevant today.
A human rights interaction is a forum for independent mediation and resolution which involves all key actors, to find a way forward within a human rights framework. It is a process (not an event) where all of those affected, and all of those with responsibilities are directly engaged in addressing an issue which requires resolution. In this case the purpose will be to develop an action plan outlining agreed steps to advance access to justice, a time frame within which steps will be taken and an independent monitoring process.
The interaction will be prepared and convened by (an) independent expert consultant(s) in consultation with the Commission. It will be facilitated by a Chair who has the trust and respect of all participants and will follow a FAIR framework. This starts with an understanding of the Facts – primarily based on the views and experiences of those directly affected; Analysis ofthe human rights at stake; Identification of the common framework of shared responsibilities – who should do what as an outcome of the interaction, and finally the parties to the interaction will Recall at a later date, to ensure agreed actions have been taken.
Human Rights InterAction as a participatory process which facilitates the pragmatic application of principle – participatory as all of those affected are around the table; pragmatic in that it permits recognition of pragmatic constraints and the identification of practically achievable ways to advance human rights over time; principle in that whole process is underpinned by human rights law and standards.