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DIGITALLY ENHANCED BLENDED LEARNING:LEVERAGING THE BENEFITS OF TECHNOLOGY IN HIGHER EDUCATION 2 DIGITALLY ENHANCED BLENDED LEARNING April 2024 This report was written by Alyson Hwang,Researcher at Policy Connect.Co-chairs:Lord Philip Norton Professor Kathryn Mitchell Policy Connect 7-14 Great Dover Street LondonSE1 4YR www.policyconnect.org.uk 3 DIGITALLY ENHANCED BLENDED LEARNING Contents Co-chairs Foreword 4 Executive Summary and Recommendations 6 Introduction 9 Terminology 10 11 11 17 20 21 24 25 27 27 28 29 32 32 33 34 37 39 43 43 44 1.Importance of leadership1.1 Strategic Oversight of Blended Learning Approaches2.Staff support and digital capabilities3.Digital inclusion,access to connectivity,and cost of living3.1 Digital Poverty in Higher Education3.2 Broadband Connectivity3.3 Maintenance loans and support for distance learners4.Employability for the Modern Workforce4.1 Employability in Higher Education4.2 Professional,statutory,and regulatory bodies(PSRBs)4.3 Digital Work-Integrated Learning Opportunities5.Use and procurement of Edtech5.1 Challenges in Procuring Edtech5.2 Focus Group Findings5.3 Due Diligence on Edtech Tools and Early Market Engagement5.4 Creating Edtech(Research&Development)5.5 Contracting and Licensing Practices6.Regulation and quality of digitally enhanced blended learning6.1 Quality Assurance of Blended Learning6.2 Regulatory Landscape in England6.3 Risk of Additional Burden45 Conclusion 46 Methodology and Contributions 47 References 52 About this report 56 Acknowledgements 57 4 DIGITALLY ENHANCED BLENDED LEARNING Co-chairs Foreword In the ever-evolving landscape of higher education,blended learning has become the sector standard.Students now expect,and universities are now delivering,courses that combine in-person and digitally enabled forms of teaching and assessment.The approach stands at the forefront of the digital revolution of education delivery,capable of meeting the diverse needs of learners by utilising technology for learning.Blended learning models offer the promise of a more personalised,engaging and flexible learning experience.Yet,to realise this potential,we need stakeholders including Higher Education Institutions,government,students and technology developers to work in concert to thoughtfully and effectively implement blended learning so that the opportunities it presents can be leveraged to greatest effect.This report synthesises the findings from the Higher Education Commissions inquiry into the adoption and impact of blended learning across various institutions.Through case studies,recommendations,and examples of good practice,it provides a comprehensive overview of the current state of blended learning in higher education.Moreover,the report delves into the lived experiences of students and staff,offering valuable insights into the challenges and opportunities that blended learning presents.In this spirit,the report calls upon senior leaders and academics in every institution to champion the cause of blended learning and associated teaching practice,making it a personal and institutional priority.Government can play an equally crucial role by facilitating a supportive ecosystem that enables our universities to effectively adopt and scale blended learning,as well as engage in innovative practice to drive progress in this area.As such,we urge government to address the financial,practical and operational challenges that institutions face,thereby helping to ensure that the UK HE sector is leading the technology transformation to enhance both student engagement and the student experience.Finally,and perhaps most importantly,the report demonstrates the critical need to cultivate digital skills and capabilities.Educators,students and professional services staff must be equipped with the tools and knowledge necessary to navigate the technological currents that shape our world.This is not a luxury;it is a necessity for the workforce of tomorrow.As we present this report,we are grateful to the wide range of individuals and organisations who have contributed their insights and expertise.We extend our heartfelt thanks to the students who have shared their experiences and the educators who have shown their resilience through pioneering new approaches to practice during a sector-wide transformation.We would also like to thank the expert panel of Higher Education Commissioners who have provided support and advice to this inquiry,as well as the Commissions sponsors Jisc and ACCA Global,without whom this inquiry would not have been possible.DIGITALLY ENHANCED BLENDED LEARNING 5 We invite you to join us in this endeavour,to embrace the challenges and opportunities that blended learning presents,and to work collaboratively towards a future where every student is able to leverage the benefits of technology in higher education.Together,we have the opportunity to harness the transformative power of blended learning to create a more accessible,innovative,and engaging higher education system for all.Professor Kathryn Mitchell CBE,DL Lord Philip Norton of Louth Chair,Higher Education Co-chair,Higher Education Commission Commission 6 DIGITALLY ENHANCED BLENDED LEARNING Executive Summary&Recommendations The integration of digitally enhanced blended learning in higher education is a strategic imperative to the evolving demands of the digital age.The Higher Education Commissions recommendations are focussed on elevating and evolving teaching practice and learning experience,exploring the various ways that Higher Education Institutions(HEIs)and government can enhance the system to realise the full potential of blended learning approaches.Where blended learning is deployed effectively,it can widen participation,enhance student outcomes and learning experiences,and modernise educational delivery to be responsive to industry changes and continued technological developments.Contributors to the inquiry voiced how student needs and demands are changing in line with the economy more than ever,students are benefitting from flexible,personalised,and accessible delivery of their courses.Leadership has been identified as a cornerstone for driving the strategic vision and operational excellence of digitally enhanced blended learning initiatives in curriculum,assessment,and assessment design.Effective leadership is not only about administrative oversight but also involves championing innovation,fostering a culture of continuous learning,and ensuring that curriculum design and assessment methodologies are responsive to the digital learning context.It requires a commitment to reimagining educational paradigms and embracing the potential of digital technologies to enrich the learning experience.1.Importance of LeadershipRecommendation 1:HEIs should appoint an executive leader in every department to advocate for and advance digitally enhanced blended learning models for student success.The team member would be accountable for:a.Ensuring that all disciplines deliver courses that are consciously designed to embed digital skills andliteracy in the curriculum.b.Enabling innovation in assessment and feedback mechanisms to leverage digital tools and approaches.c.Exploring ways of elevating student engagement through technology and facilitating the developmentof non-technical skills.Staff support and digital capabilities are equally critical to the successful adoption and integration of digital learning tools and methodologies.Institutions must prioritise the professional development of faculty and staff,equipping them with the necessary digital skills and pedagogical competencies to navigate and thrive in a blended learning environment.This involves not only technical training but also pedagogical innovation to effectively leverage digital tools in enhancing teaching and learning outcomes.2.Staff Support and Digital CapabilitiesRecommendation 2:HEIs should support staff in further developing blended learning approaches,recognise good practice,and allocate time in workload models for digital training opportunities.DIGITALLY ENHANCED BLENDED LEARNING 7 Digital inclusion and access to connectivity address the foundational challenge of ensuring equitable access to digital learning resources.As higher education institutions embrace digitally enhanced blended learning,it is essential to address the digital divide by providing affordable and reliable access to technology and internet connectivity.This includes addressing cost-of-living considerations and ensuring that students from diverse socio-economic backgrounds can fully participate in and benefit from blended learning opportunities.3.Equitable Access to Technology for LearningRecommendation 3:HEIs should address digital exclusion for all students,taking both a top-down and bottom-up approach to proactively provide and communicate relevant support.This approach could include:a.Providing guidance on digital skills,devices and software to incoming students as part of the pre-arrivaland induction process,as well as signposting where to get additional help and support upon arrival andthroughout their academic journey.b.Working alongside students unions to provide information on digital inclusion initiatives that gobeyond the technical support provided by IT services.c.Working across the sector to achieve joined-up thinking and action,enabling solutions that are morestrategic,sustainable,scalable,more effective,and more widely accessible.Recommendation 4:Ofcom and HEIs should encourage broadband providers to expand existing connectivity schemes and offer discounted access to all HE students.Recommendation 5:The Government should expand the eligibility requirements for maintenance loans to include learners studying remotely.Currently,they are only eligible if they have declared a disability.Employability for a modern workforce underscores the imperative to align educational offerings with the evolving needs of the labour market.Digitally enhanced blended learning presents an opportunity to develop digital literacy,critical thinking,and adaptive skills that all employers expect as a minimum for graduates.By integrating real-world applications and fostering industry partnerships,institutions can prepare students for successful careers in a rapidly changing economic landscape.4.Employability for the Modern WorkforceRecommendation 6:Professional,Statutory,and Regulatory Bodies(PSRBs)and other accreditation bodies should incorporate digital literacy standards into their evaluation criteria,reinforcing its importance as a fundamental outcome of higher education.Recommendation 7:To bridge the gap between education and employment,HEIs should partner with employers to facilitate digital work-integrated learning experiences such as e-placements,digital internships,and project-based learning.8 DIGITALLY ENHANCED BLENDED LEARNING The use and procurement of educational technology(Edtech)requires a strategic approach that balances innovation with cost-effectiveness and pedagogical value.Institutions must navigate the complex Edtech marketplace with a clear understanding of their educational objectives and the needs of their learners.This involves rigorous evaluation of Edtech solutions,stakeholder engagement,and the adoption of flexible procurement practices that can adapt to the fast-paced evolution of educational technologies.5.Use and Procurement of Educational TechnologyRecommendation 8:To encourage competition in the Edtech sector and maintain high-quality standards for emerging products and services,the HE sector should adopt the model of a vendor database of current and potential suppliers of Edtech and IT services to universities,with the support of trusted sector bodies(UCISA,Jisc,ALT,BESA etc.).Recommendation 9:HEIs and UK Research and Innovation(UKRI)should prioritise project funding for the research and development of Edtech solutions and digital learning materials co-produced by academics,learning technologists,and developers.Recommendation 10:The Competition and Markets Authority(CMA)should conduct a market investigation into Edtech with the aim of improving licensing and contracting practices.Recommendation 11:Crown Commercial Services(CCS)should coordinate with HEIs to tailor framework agreements and timelines to meet the sectors needs,helping to reduce administrative burdens for providers looking to procure new Edtech.Regulation and quality assurance of digitally enhanced blended learning is vital to maintaining educational standards and ensuring the integrity of the learning experience.As digital modalities continue to evolve,the sector should have a coherent and consistent strategy for assessing the quality of learning experiences.Any approaches to regulating and monitoring digital learning practice must be responsive and adaptable,promote ethical practice,safeguard student interests,and foster a culture of excellence and accountability among providers.6.Regulation and Quality Assurance of Blended LearningRecommendation 12:The Office for Students should establish a single,coherent approach for assessing the quality of online and blended learning as the designated quality body,ensuring that metrics do not impose additional bureaucratic burdens on the HE sector.The inquirys research provides evidence of a widely varied system institutions are diverse and at different points of digital maturity.The report raises questions about how institutional policies and priorities are developed to deliver blended education and provides case studies of good practices occurring across the sector.It set out to examine the current landscape of pedagogic practice,identifying fundamental components that must be in place to guarantee an adaptive and inclusive educational environment.DIGITALLY ENHANCED BLENDED LEARNING 9 Introduction The Higher Education Commission began scoping its 10th inquiry in November 2022,following the publication of the Office for Students(OfS)Review of Blended Learning.1 The nationwide lockdowns necessitated a swift and underprepared pivot to online delivery,and HEIs are adopting long-term strategies for advancing digital components of learning and teaching.The Commission found that HEIs have made notable progress since this leap to online:lessons have been reflected on to transform and reimagine blended practice and policy.This report examines how blended learning models have evolved to fully embrace the affordances of digital technology.The Commission set out to:1.Identify the challenges that providers face in delivering blended learning courses.2.Understand student and teaching staffs blended learning experiences and explore opportunities todigitally enhance teaching and learning practice.3.Propose suggestions on how government,policymakers and senior leaders in the higher educationsector can support the further development of blended learning approaches.The Commission found that blended learning has the transformative potential to widen participation and access to higher education for all,improve equality of opportunities,and enhance learning outcomes.As this teaching approach becomes standard practice,the sector is shifting the focus to refining and elevating current approaches to ensure that technology-enabled learning can fully realise its affordances.Accordingly,this report covers the importance of leadership,strategic investment in digital infrastructure,and equitable access to technology as key pillars of high-quality blended education.10 DIGITALLY ENHANCED BLENDED LEARNING Terminology Blended learning has been a contested term across the sector,with multiple interpretations of what exactly constitutes it and how it should be implemented.Contributors to the inquiry have used terms such as technology-enhanced learning,digitally enabled learning,and hybrid learning interchangeably.The simplified definition of blended learning as the combination of in-person learning with learning in a digital environment has now evolved to consider“more precise ways of talking about different elements and what they contribute to student learning and engagement”.2 A more nuanced discussion of the different aspects of blended learning can help identify areas of opportunity to further advance practice underpinned by“sound pedagogic principles”,as Prof.Susan Orr states in the OfS review of Blended Learning.3 We take this report to consider how HEIs may enact those principles and how the balance between digital and in-person components can be optimised to improve student outcomes and prepare them for their futures.During the pandemic,the use of virtual learning environments(VLEs)and live video-based lectures/seminars became commonplace.A distinction arose as a result of this whether an activity or encounter is synchronous(live,at the same or shared time)or asynchronous(at different times,usually within a time window).As methods continued to evolve due to nationwide lockdown restraints,further distinctions and nuanced definitions emerged over time.As Hrastinski notes,blended learning is an umbrella term that requires further research to arrive at a sector-wide understanding it is considered as a learning paradigm that involves more than one mode of teaching,multiple pedagogical approaches and use of diverse technologies.4 In Jiscs report,“Beyond Blended”,a definition that considers the multiple components of blended learning is provided:Time,pace and timing Synchronous and Asynchronous Space Place and Platform Materials Tools,facilities,learning media and other resources(digital,print-based or material)Groups Roles and relationships(teacher-led and peer-learning,varieties of learning groups)This definition breaks down the blended learning model into four distinct components.5 Each aspect defines the learning activities in any given curriculum design.It allows for a more intentional consideration of how the different elements of blended learning can shape a students education journey.Further,detailing the requirements needed can scaffold discussions to explore how blended learning can be further enhanced and integrated with e-learning practices.In shaping the report,the sections address different aspects of the definition above,identifying opportunities and proposing solutions to advance the learning model.It is important to note,however,that blended learning approaches are context-specific:good practice can differ per institution and even per department/faculty.Deploying blended learning practice should align with the strategic planning and institutional policy of the university,which takes commitment from leadership and collaboration between staff and students.The variation in approaches led to a lively debate about the quality of provision when using digital technology,as many contributors to the inquiry raised concerns about the role of Edtech and its growing role in delivering higher education.This is especially relevant due to the rapid evolution and growth of AI technologies.There are already research reports that an increasing number of students are using AI tools and other IT solutions to engage in coursework and complete assessments,demonstrating the prevalence of digital in education today.6 The sector is moving to a period where all learning will use and incorporate digital components to some degree.Technology can undoubtedly be a powerful tool in elevating education,but it requires considerable planning and consideration to realise its benefits.DIGITALLY ENHANCED BLENDED LEARNING 11 1.Importance of leadershipSection Overview:This section examines the importance of senior leadership in delivering digitally enhanced blended learning.Several institutions have demonstrated that with clear policy and strong leadership,rapid digital transformation can occur.We heard from educators and staff that although the transition to online learning was difficult during the pandemic,a blended education can provide flexibility,increase accessibility,and enable the personalisation of learning.When digital tools are consciously embedded into programmes,students are able to engage in a digital community,fostering a sense of belonging with their peers without being on campus.These approaches can elevate the learning experience and incorporate digital competencies and non-technical skills(munication,critical thinking,etc.),which is increasingly valuable in preparing students for their futures.Based on these findings,the Commission recommends that HEIs strategically approach the scaling-up of blended learning across the institution by appointing an executive leader in every department to be responsible for driving forward blended models.Effective leadership is critical to the success of blended learning.Various submissions state that implementing change and digitally transforming curricula,pedagogy,and assessment must happen centrally with strategic oversight.This is in line with much of the available literature on the topic,as researchers suggest that a more strategically led approach to policy,strategy,investment and operational planning is needed to 1.1 Strategic Oversight of Blended Learning Approaches achieve institutional adoption and realise the benefits of the teaching model.7 When executive teams are committed to a coherent digital transformation strategy,consistency and coherency can be achieved during constant change.8 Conversely,a lack of support for digitally enhanced blended learning models can hinder innovative practice and necessary reform.Senior leaders are positioned to consult and involve the student and staff community in driving change,which can be critical in advancing blended learning models.As Dr Ann Thanaraj,the Director of Digital Transformation at Teesside University,told us,any digital strategy should be“co-developed together with Edtech partners,staff,and students,with the learning experience ethos at the heart of driving change and enhancements”.9 Contributors to the inquiry represented a wide variety of disciplinary areas,and it was clear that blended learning approaches are shaped by how the subject has traditionally been taught.We found that blended learning approaches can be well-established in theoretical subjects as course materials can be easily translated into online domains.Subjects requiring practical work and more in-person teaching often require consideration and quality assurance to ensure that digitally enhanced approaches to blended learning deliver desired student outcomes.However,recognising that digitally enhanced blended learning should exceed minimum standards and transform course materials to afford the benefits of technology-enabled learning,every department should appoint an executive leader to drive forward blended teaching and learning practice.This would ensure that blended learning approaches are developed meaningfully in alignment with subject areas.12 DIGITALLY ENHANCED BLENDED LEARNING Case Study:Queen Mary University of Londons ACE Approach Queen Mary University of London(QMUL)created the Active Curriculum for Excellence(ACE)as a foundation for their approach to teaching.The ACE approach was co-developed with students and further developed by teaching staff and researchers.It is embedded in all programmes regardless of discipline.Components are routinely updated to reflect the context and environment in which students are learning.Four pillars of excellence in education and student experience make up the foundation for this pedagogic approach:1)education,2)student engagement,3)learning environment,and 4)student employability.The success of this approach can be seen in QMULs survey into students perceptions of blended learning(or,in this case,the institution calls this mixed mode education).65%of students rated their blended learning experience as good or excellent in 2022,a year after adopting this approach.67.4%of respondents to the survey stated that blended learning should continue after travel and other pandemic-related restrictions are lifted,with flexibility,choice,and preference for online engagement as critical advantages to blended learning models.In an interview with Professor Anthony Michael(Dean of Education at QMUL),he attributes the high student satisfaction rates of blended learning to the strategic approach of pedagogy development:the ACE approach supports teaching staff to deliver an interactive and engaging learning experience.As the framework emerged post-pandemic in response to the great leap online,it is continuously being updated and reformed to continue driving the universitys mission of excellent teaching.DIGITALLY ENHANCED BLENDED LEARNING 13 Recommendation 1:HEIs should appoint an executive leader in every department to advocate for and advance digitally enhanced blended learning models for student success.Several mechanisms support digitally enhanced blended learning models,such as curriculum and assessment design.The following section provides case studies showing how educators across the UKs higher education(HE)sector have approached blended learning and suggests how Recommendation 1 could be applied in practice.a.The executive leader would ensure that all disciplines deliver courses that are consciously designed toembed digital skills and literacy in the curriculum.Through written submissions and evidence sessions,student contributors voiced that using online platforms can help cultivate necessary digital skills that can be used for the workplace.As students highly value workplace preparation and employability,it comes as no surprise that digital literacy is perceived as an essential outcome of higher education.For example,one student claimed that:One thing that worked really well for me was that I was able to use a lot of the same platforms and tools I use in class for work.Its been really nice using Padlet or Slack during my course and then suddenly using the same platforms within my work environment.It really will help during the transition into employment that I have developed my digital capabilities during university.Student,Evidence Session One Using technology in lectures and seminars gives students the opportunity to familiarise themselves with platforms and tools that may be used in the workplace.As shown in the case study for QMUL,executive leaders can shape pedagogical and technological frameworks that support the implementation of blended learning.They also play a role in investing in digital infrastructure and solutions that can aid students in further developing their capabilities and confidence in using technology.It is critical that this lead is able to align expectations with senior management on the use and application of digital components in blended learning courses to ensure that there is a cohesive and feasible strategy for scaling pedagogical change across the department.14 DIGITALLY ENHANCED BLENDED LEARNING Case Study:Embedding Digital Capabilities in the Curriculum of a New Medical School Kent and Medway Medical School Kent and Medway Medical School(KMMS)is a partnership between the University of Kent and Canterbury Christ Church University.Established in September 2020,KMMS provides modern and comprehensive medical education and training to future doctors.KMMS integrates digital literacy and skills into its curriculum design for the Bachelor of Medicine and the Bachelor of Surgery(BM BS)programmes through one of its initiatives,“Digitally Enabled Doctor of the Future”.10 This initiative supports students in becoming doctors who can work confidently in digital environments.It is supported by learning technologists,IT support teams,academic skills developers,and librarians,adopting a collaborative approach to identify digital competencies(informed by NHS Englands Digital Literacy Framework),map the curriculum to identify gaps in practice,and routinely track the progress of students using self-assessment questionnaires through progress-tracking tools Digital20 and Scholar20.These questionnaires allow course convenors to diagnose the digital competencies of the cohort at the start of the course and monitor scores over the years.The mean score for the Digital20 assessments between Year 1 and Year 2 increased by 20%,attributed to the embedded approach to curriculum design students can develop their digital capabilities and knowledge of digital health as part of the curriculum rather than an additional skill that they must develop over their degrees.This case study demonstrates the significance of embedding digital elements in the curriculum rather than providing supplementary workshops or training for students.Incorporating digital competencies into the curriculum communicates that students must develop their technical and non-technical skills and acquire knowledge of their subjects.b.The executive leader would enable the innovation of assessment and feedback mechanisms to leverage digital tools and solutions.Blended learning is feeding towards digital skills for the future.The only facet is about how to assess them and thats still a question mark for me.If we assess students by using the same traditional methods,then its not going to work.We need to change our assessment methodologies as well so that they can properly utilise the skills gained throughout their learning.Teaching Staff,Interview Senior leaders are pivotal in enabling the innovation of assessment and feedback mechanisms,as any changes must comply with regulatory requirements and require oversight.Rethinking assessment design to leverage digital resources requires time and input from staff and an overarching strategy to implement changes on an institutional level.11 Participants of the evidence sessions stated that despite the challenges the pandemic brought to the sector,it also provided an opportunity for educators to reconsider the value of traditional pen-and-paper exams and explore alternative ways of authentically assessing their students.There is a wealth of guidance available for educators that illustrate how technology can enable more inclusive and authentic assessment,such as Jiscs principles of good assessment and feedback12,or Times Higher Education and Adobes joint report on authentic assessment and the role of digital creative technologies.13 DIGITALLY ENHANCED BLENDED LEARNING 15 Case Study:Cadmus and the University of Manchester Cadmus,an online assessment platform,partnered with the University of Manchester during COVID-19 to support the institutions transition to a blended learning and assessment strategy.This partnership focussed on assessment reform to protect academic integrity,increase accessibility,and enhance student success.Together,they transitioned 65 courses online across various disciplines as Cadmus academic team redesigned and implemented applicable assessment templates to align with the universitys teaching and learning policies.The platform also integrated the universitys academic skills support and academic integrity resources to provide accessible support throughout the assessment process.Students received scaffolded assessment checklists,in-app academic skills support,referencing guides,and real-time educator feedback.This enabled students to understand their assessment requirements and develop authentic work.Conversely,the platform has benefited staff experiences by providing Academic Integrity Assurance Analytics.It helped teaching staff monitor how students constructed their assignments and identify students at risk of malpractice before submission.This practice effectively protects students who may lack awareness of what constitutes academic malpractice,thus supporting them in achieving successful outcomes.Cadmuss platform can be accessed through Blackboard,and its interoperability is a key strength.All academic staff using Cadmus at the university reported wanting to continue using the platform after its pilot,with 97%giving a positive experience score.Similarly,88.96%of the 6170 students who have used Cadmus reported a positive experiencea 17.6%increase in the student experience score since its implementation.14 c.The executive member would explore ways of elevating student engagement through technology,facilitating the development of non-technical skills.Student submissions highlighted the importance of creating a sense of belonging within their communities in university and how many struggled during the pandemic due to decreased engagement with their peers and staff.Technology can improve student-centred learning and teaching practices,particularly in implementing blended learning models that cater to different learning preferences and needs.Using technology efficiently can also improve learning outcomes,self-regulation,and efficacy and lower attrition rates.15 Moreover,it can help students develop non-technical skills while navigating digital platforms and tools,which are essential for success in various professional fields.These skills include collaboration,critical thinking,adaptability,and communication-skills employers consider increasingly important in the digital age.Educators can create an engaging learning environment that prepares students for the technology-dependent workforce by thoughtfully integrating technology into the curriculum and providing the necessary support.16 DIGITALLY ENHANCED BLENDED LEARNING Case Study:Enhancing student engagement,employability,and digital experience-Dr Maria Limniou at the University of Liverpool Dr Maria Limniou is in charge of leading a third-year cyberpsychology module at the University of Liverpool.The main objective of this module is to allow students to apply their disciplinary knowledge in various real-world contexts while developing their digital and communication skills.The course aims to teach students how to communicate their opinions effectively using different digital media and to encourage critical reflection on the learning process.The module offers two types of assessments.The first is a traditional essay-based examination that evaluates the impact of digital technology on peoples lives.The second assessment requires students to create a series of blog posts.The first post involves critiquing a research article,and the second post requires students to present themselves to their blog readers.In this post,they must reflect on their strengths,weaknesses,and knowledge and skills gained throughout the module.They are also encouraged to consider how this coursework may help them introduce themselves to a future employer and apply the skills they learned in workplace settings.Students are given multiple opportunities to foster a sense of belonging with their cohort.They are continuously encouraged to participate online and in person to seek peer feedback and collaborate.An example includes how Dr Limniou facilitates class discussions,which take place on Microsoft Teams and Padlet to support synchronous and asynchronous learning.Through these discussions,students can exchange ideas and resources with others and improve their communication and critical thinking skills.In explaining her rationale for this course design,Dr Limniou stated that employability and digital skills are two key areas that should underpin 21st-century education.Dr Limniou invited members of staff from the universitys careers offices to tailor advice and suggestions,used a wide variety of online platforms and Edtech tools,and designed coursework with the primary aim of incorporating employability into the curriculum and enhancing student engagement.DIGITALLY ENHANCED BLENDED LEARNING 17 2.Staff support and digital capabilities Section Overview:This section delves into the importance of upskilling teaching staff to improve their digital literacy,thereby enabling them to effectively design,implement,and enhance blended learning practices.In this section,we discuss what steps are necessary to ensure that teaching staff are supported in further developing their approaches to blended learning,providing access to resources that can help improve their digital capabilities.The digital skills and capabilities of staff are also critical for delivering a quality blended learning experience.In the call for evidence,we asked HEIs to describe current initiatives to train and build confidence in staff.The responses from HEIs demonstrate great ambition to provide continuous professional development opportunities for staff.Examples of training provisions include the following:Open University provides training for staff through informal routes such as their“Badged Open Courses”accredited by the CPD Standards Office or through more formal routes such as their Masters in Online Teaching.16 QMUL has a Technology Enhanced Learning team that supports staff in learning more about learning technologies used across the institution.17 University of Derby organises staff development through its new Derby Excellence in Learning,Teaching and Assessment(DELTA)scheme,a suite of staff development events,and an Ideas Factory for staff to share good practices and ideas.18 Similar initiatives or training hubs exist across the country and although it is difficult to estimate how many courses and opportunities are available,all institutions will have a staff development scheme in place.However,Jiscs 2022/23 survey of HE staffs digital experiences reported that only 39%of respondents agreed that they were given guidance on the digital skills needed for their course.19 This number has declined since 2020/21,although the figures are still higher than the pre-pandemic figure of 29%.Furthermore,only 16lt that they had the opportunity to assess their capabilities and confidence,and only 8%received any reward or recognition for their digital skills.The issue is not the number of training opportunities available but rather the barriers that discourage uptake.An interview with a staff member revealed that teaching staff are often at maximum capacity in workload,juggling their teaching,research,and administrative responsibilities and are not able to prioritise further career development.The University and College Unions(UCU)workload survey further corroborates this claim,as it shows that the pace and intensity of workloads have only continued to increase since the pandemic.Critically,the survey report states that the“increase in workload is often at the cost of professional development”,emphasising capacity issues as an ongoing challenge.20 18 DIGITALLY ENHANCED BLENDED LEARNING Good practices across the institution should be rewarded and recognised to encourage staff and create a supportive digital community of practice.Evidence session participants stated that training should be complemented by creating a culture of digital innovation and experimentation among staff to encourage further improvements to blended learning models.Appointing an individual responsible for digital engagement,access,and skills who acts as the focal point of staff support and facilitates peer-to-peer learning could be one way to foster a digital community of practice in an institution.Outside the institution,educators should continue to engage in sector forums and working groups to share insights on using digital technology,such as the Association of Learning Technology,UCISA,Jisc,AdvanceHE,etc.These groups prioritise confidentiality and data protection to encourage transparency and sharing of practice,allowing staff to interact with their peers and learn about new approaches.Interviews with academics showed that there is an appetite for sharing evidence-based blended practice:We need more of a holistic or a strategic alignment towards technology-enhanced learning.For educators,achieving this professional development is incredibly important.As educators,we can encourage collaboration and sharing of good practices across our own and even with other institutions.We can do more to learn from each other.(NCUB)Building upon existing schemes to support staff in enhancing their blended learning practice with digital tools,universities can encourage staff to improve their digital literacy by holding time to train in workload models.Senior leaders can especially target specific times in the year to prioritise digital training and update staff knowledge,such as when IT systems are newly implemented or when new academic staff are onboarding.Highlighting the importance of digital proficiency at a time when blended learning is standard practice can stimulate teaching staff to reflect on their practice and identify areas of improvement,which is vital to a successful blended learning experience for students.Resource:Digital capabilities framework for staff by Jisc Jisc has developed a national framework for digital capabilities and role profiles for university staff.This framework outlines the minimum digital skills required for each role.Universities can use this framework to identify gaps in digital literacy and anticipate any potential issues.The framework has been used to create role profiles that define the digital capabilities necessary for specific job roles.These profiles have been used to create reflective questions in the discovery tool,which aims to help students and staff identify their current strengths and areas for development in their digital capabilities.The role profiles have been developed in collaboration with professional bodies to maintain standards across different roles.Jiscs written submission states that human resources are critical to the discussion on the digital capabilities of staff,which they believe are key actors that can support staff with their continuous professional development.DIGITALLY ENHANCED BLENDED LEARNING 19 The national framework needs to be the basis for all new JDs,staff induction,integrated into PG Certs and into teacher training courses.Digital is no longer an optional add-on it needs to be seen as being part of the professional skills all staff require.(NCUB)To access the framework,visit https:/digitalcapability.jisc.ac.uk/what-is-digital-capability/.Recommendation 2:HEIs should support staff in further developing blended learning approaches,recognise good practice,and allocate time in workload models for digital training opportunities.20 DIGITALLY ENHANCED BLENDED LEARNING 3.Digital inclusion,access to connectivity,and the cost of livingSection Overview:This section explores how digital exclusion and the ongoing cost-of-living crisis can hinder the adoption of blended learning practices.Digital exclusion can be further exacerbated by the increasing costs of maintenance and living,which has been shown to negatively impact students mental and emotional well-being.With many students struggling to afford necessities and course materials due to unaffordability or lack of connectivity,digital exclusion can significantly impact financially vulnerable students who are not able to fully engage with the digital components of their courses.Widening access and participation in learning opportunities and creating an inclusive digital economy are national priorities for the UK,as driving towards inclusion means that everyone can access the skills required to participate in a digital society.21 We found that in this cost-of-living crisis,more students are in need of financial support to afford to attend university both physically and online.This section underscores the urgent need to address digital exclusion to ensure that all students,regardless of their socio-economic or ethnic backgrounds,have equal access to quality blended education and the confidence necessary to navigate the modern world.3.1 Digital Poverty in Higher Education In the UK,the OfS states that students are in digital poverty if they are without access to one of the core items of digital infrastructure22,which are as follows:appropriate hardware.appropriate software.reliable access to the internet.technical support and repair when required.a trained teacher or instructor.an appropriate study space.Digital poverty can affect access,engagement,and study outcomes in online education,preventing the development of transferable information and communications technology(ICT)skills and digital literacy.This,in turn,can affect learners life outcomes beyond education and can become a barrier to engaging fully with blended courses.We found that students are still struggling to access appropriate online course materials or lack access to suitable devices needed for learning.In Jiscs Annual Digital Experience Insights survey of HE students,it was reported that students continued to struggle with accessing a suitable device(15%in 2020/21 to 27%in 2022/23),and many had poor wifi connection(63%in 2020/21 to 54 22/23).23 There was also an increase in the number of students who encountered challenges with mobile data costs,as figures rose by approximately 41.67tween 2020 and 2023.24 DIGITALLY ENHANCED BLENDED LEARNING 21 The findings from the studies above were consistent with student accounts during the roundtable evidence sessions.Parity of access to digital tools needs to be ensured:students and staff cannot have digital capabilities if they are not able to access digital tools.Not all students have,for example,powerful machines at home or reliable high-speed internet connections.Many students are not able to afford these resources.Imperial College Unions former Deputy President(Education),Jason Zheng Similar concerns were shared by students in the devolved nations,with the President of the National Union of Students(NUS)for Scotland emphasising the challenges spurred on by the cost-of-living crisis:The financial barriers that prevent students from accessing blended learning are really important to acknowledge I was certainly in that situation when I was a student,where I would skip classes to take an extra shift at the supermarket I was working at.Because I had no choice,the only other option was to face homelessness.President of NUS Scotland,Ellie Gomersall According to NUS Scotlands“Fighting for Students:The Cost of Survival”report,one in ten students have skipped an online class because they could not afford mobile data.25 These figures demonstrate that basic levels of connectivity are still an issue for many students across the United Kingdom and need urgent attention.Case Study:Teesside University and Hardware/Software Support for Students Teesside University offers iPads to students to help them become more digitally confident.Eligible students receive an Apple iPad with Microsoft Office 365 software installed,which allows them to access the technology that is consistent with their learning experience and environment.Academic and technical support is also provided to students to assist them in their learning journey.As part of this initiative,staff members are provided with a comprehensive digital development training and coaching programme to equip them with the necessary knowledge,tools,and skills to embrace new technologies and methods of interacting with them to deliver lessons.According to Teesside University,this initiative has wholly transformed the approach to learning and teaching for both staff and students.It is critical to acknowledge that digital poverty and exclusion often intersect with other forms of marginalisation and disadvantage,leading to further inequalities among students.For instance,students belonging to Black/African/Caribbean and Indian/Pakistani/Bangladeshi backgrounds reported a lack of access to suitable devices more often than the overall survey data,citing issues with mobile data costs.26 To ensure that universities can achieve their goal of increasing access and widening participation,it is necessary to target students who are at risk of disengagement or non-completion due to a lack of digital resources.22 DIGITALLY ENHANCED BLENDED LEARNING This issue of digital exclusion is especially more pronounced for non-mainstream students:Id be inclined to emphasise“all”my experience is that edge cases,such as foundation year students,part-time undergraduates,self-funded research students,tend to fall through the cracks.Professor of Information Technology and Committee(University of Bath),Member of BCS Digital Divide Specialist Group,James Davenport,written submission Recognising the need for an institutional-wide approach to tackling the digital exclusion of students and staff members,the Commission recommends that HEIs provide support in various ways by coordinating between senior leaders,staff,students,and student unions.Recommendation 3:HEIs should address digital exclusion for all students,taking both a top-down and bottom-up approach to proactively provide and communicate relevant support.This recommendation could include approaches such as:a.Providing guidance on digital skills,devices and software to incoming students as part of the pre-arrivaland induction process,as well as signposting where to get additional help and support upon arrival andthroughout their academic journey.The induction process is critical for setting the tone for a students digital experience.Providing adequate digital support for students academic journey is critical to ensuring they can effectively engage with their learning.Providers should assess students digital capabilities and provide support or training sessions to develop these skills.This is important for bridging the digital divide that can disproportionately affect disadvantaged students and will only get more important as emerging technologies,like generative AI,permeate the curriculum.QAA,written submission Providing information and guidance on digital skills and devices from the outset is essential.Initiatives could include:Digi tal Skills Assessment:Include a digital skills self-assessment in the induction process to identifystudents who may need additional support,such as Lancaster Universitys Digital Skills Self-Assessmenttool.27 Induction Modules:Create induction modules that cover essential digital skills,ensuring that all studentsstart with a solid foundation,such as the University of Bristols Digitally Ready pre-arrival course.28 R esource Directory:Compile a comprehensive directory of digital resources,including free or discountedsoftware,online tutorials,and local tech support services,such as University College Londons e-Learning Wiki.29 DIGITALLY ENHANCED BLENDED LEARNING 23 Mentoring Programmes:Pair incoming students with a digital mentor who can guide them through the initial stages of their digital learning journey,such as the University of South Waless Super Mentor programme.30 b.Working alongside students unions to provide information on digital inclusion initiatives that go beyond the technical support provided by IT services.Students unions play a pivotal role in representing the student body and are well-placed to identify and address issues of digital exclusion.By partnering with student unions,HE providers can ensure that support for digital skills and access to hardware is tailored to the actual needs of students.For example,Staffordshire University has created a new role responsible for engaging with students on their digital skills development,referred to as the student digital engagement officer.This individual is responsible for acting as a bridge between the universitys teaching innovation and learning enhancement hub,library services,EDI initiatives,and the students union to create work streams to enhance digital provision for students.31 Student unions can work alongside executive teams to raise awareness of various initiatives within and outside campus to advocate for digital inclusion.They can advocate for students needs and communicate them to the universitys executive teams,supporting a diverse student body throughout their time at the university.This includes,for example,understanding and supporting students with additional support needs:universities must have the appropriate device,assistive technology and data connectivity for students with physical or cognitive constraints to ensure they are still able to participate digitally.c.Working across the sector to achieve joined-up thinking and action,enabling solutions that are more strategic,sustainable,scalable,more effective,and more widely accessible.HEIs should participate in the wider ecosystem to learn and solve common problems together.Digital inclusion is a multidimensional and complex issue intertwined with many other personal and social issues,such as financial poverty,deprivation,and social inequalities.It should not be treated as a separate issue or thought of as a problem to be solved by a single entity.There is still a lack of understanding and joined-up approach.Enabling someone to get digital and participate sufficiently in a digital world is more than just about having a device or connectivity.It requires joining many dots:device connectivity tech support motivation&confidence skills,opportunities,safety,inclusive design,etc.Chair of BCS Digital Divide Specialist Group and Founder of#Joiningthedots,Freddie Quek,written submission 24 DIGITALLY ENHANCED BLENDED LEARNING There is a#JoiningtheDots movement across the UK by the tech sector and the Digital Poverty Alliance(DPA)to facilitate more joining up of thinking and action.32 The DPA launched its National Delivery Plan and signed a Memorandum of Understanding with the BCS,Chartered Institute for IT to jointly tackle this issue.At Digital Universities Week 2023,an event that included representatives from the University of Leeds,Liverpool,Staffordshire,and Bristol,the BCS,DPA and THE started a call to action to create a sector-wide digital inclusion network and strategy,marking the HE sector as the first to do so.The co-chair of this network,Professor Nawaz of Staffordshire University,launched a Digital Inclusion Manifesto at his own university,which has been published by the THE Campus with the aim of encouraging other HEIs to follow suit.33 We found that sector-wide collaboration and sharing of practice is a strength of the HE sector and believe joined-up approaches to tackle digital exclusion in universities is feasible and effective.As such,the Commission encourages HEIs to consider the scale and ubiquity of the digital divide as experienced by students and staff and urge leaders to enable sector-wide solutions to this ongoing challenge.3.2 Broadband Connectivity Recommendation 3 focussed on what providers can do to support students and staff at risk of digital exclusion.However,support must extend beyond campus parameters as studying off-campus becomes commonplace among students.As such,this recommendation focusses on the role of government in preventing our students from further exclusion as our society becomes increasingly digital.It is paramount that students can connect to the internet to access their learning,especially when most of the educational activities occur online and in virtual learning environments(VLEs).It is concerning to note that mid-contract price increases above inflation are prevalent in the broadband industry.According to Which?s 2023 broadband survey,most providers were raising mid-contract prices by approximately 14%,with BT and EE customers facing the highest average price hikes of 147.43 and 147.31 during a customers contract.In an effort to combat digital poverty,broadband providers offer cheaper internet tariffs for Universal Credit and other benefit recipients,known as social tariffs.Despite this,the take-up of these tariffs remains low and has only increased marginally,indicating the need for improvement.As of April 2023,only 5.1%of eligible customers had signed up for the scheme,with awareness being a significant issue.Ofcom research shows that over half of eligible households remain unaware of the social tariffs,leading to low take-up rates.Currently,there is discounted access for students in higher education.However,discounted rates for students are,on average,much higher than social tariffs and other internet schemes.Social tariffs range from 10 to 23 per month34,while broadband deals for students range from 21 to 42 per month.35 As such,the Commission encourages broadband providers to expand current schemes to make HE students eligible for social tariffs or provide discounts in line with essential and basic broadband packages.DIGITALLY ENHANCED BLENDED LEARNING 25 Case Study:University of Witwatersrand,submitted by the Quality Assurance Agency(QAA)This case study is specific to a university in South Africa,where the providers have negotiated with mobile communications providers to offer reduced rates for students.This shows there is precedent for reduced broadband fees for students in other contexts.To provide support for remote learning during the global pandemic,the University of Witwatersrand entered contracts with the leading mobile network providers in South Africa to provide 30GB of data to all students registered with MTN,Vodacom,Cell C,or Telkom at no cost to students.36 The mobile data scheme ran for approximately six weeks.Since then,a new contract has been negotiated with the mobile network providers on a bill-back basis for students and staff who do not have adequate access to Wi-Fi or data at home.The scheme also suggested ways of reducing data usage on third-party platforms to ensure that data can be reserved for online learning and educational purposes.This scheme is ongoing,with the initiative developing into monthly data offerings of 10GB(anytime)and 20GB(night-time)data in 2024.37 Recommendation 4:Ofcom and HEIs should encourage broadband providers to expand existing connectivity schemes and offer discounted access to all HE students.3.3 Maintenance loans and support for learners During the national lockdowns in 2020,the Department for Education launched the Get Help with Technology programme to provide schools with access to devices and fibre connectivity.Unfortunately,this programme was not extended to HEIs,despite research showing that 63%of students still experienced poor Wi-Fi connection in 2020/21.38 Further,the ongoing cost of living crisis continues to impact students ability to access the digital components of their programmes.While the current system provides various forms of financial support,various contributors called for further maintenance allowance for HE students.These discussions often focussed on adjusting maintenance loan amounts to better reflect living costs and provide more targeted support for vulnerable student groups.Increasing maintenance loans is a way to support digital inclusion initiatives,as it will enable students to have the financial means to access the necessary technology and internet services.Despite various efforts made by HEIs to bridge this gap,students still need help in this regard.According to the Institute for Fiscal Studies,errors in forecasting inflation from 2020 have led to the real-term erosion of student support.39 The minimum parental income threshold has not been revised for over a decade,which has resulted in fewer students being entitled to the maximum yearly loan every year.Moreover,due to the ongoing cost of living crisis,students from low-income households have to face significant hardship as they graduate with the largest loan balances.26 DIGITALLY ENHANCED BLENDED LEARNING Some groups of students,such as distance learners,are entirely excluded from the maintenance loan system.The number of distance learners defined as students who complete most,if not all,of their learning online has steadily increased since the pandemic.According to the Higher Education Statistics Agency(HESA),UK-based distance learners increased from 190,755 students in 2014/15 to 278,420 students in 2020/21,withnumbers projected to continue growing.40 Students who are studying remotely are generally not eligible formaintenance loans to help with living costs,regardless of whether they are in full-time or part-time courses.There are exceptions for students who cannot attend their course in person due to a disability.However,students must provide proof of disability to demonstrate that they are unable to attend university in person presenting a barrier for students who are unable to be on campus for various justifiable reasons yet withoutmedical documentation.The rise in remote delivery methods raises questions about the extent to which online provision qualifies as an online course.This is particularly relevant for students enrolled in full-time undergraduate programmes that are delivered primarily online,with non-mandatory seminar hours.The eligibility of such students for maintenance loans is a concern that needs to be addressed.During the inquiry,teaching staff discussed in-attendance courses with significantly higher proportions of online delivery than in-person teaching,comprising more than 60%of the course.Despite this,students in such courses are still eligible for maintenance loans.The current system assumes that distance learners do not require maintenance funding to cover necessities such as housing,homeware,kitchenware,and travel as they study from home.However,the inquiry has highlighted the growing digital costs that students face due to blended learning becoming standard practice.This demonstrates that this assumption does not capture the reality of student experiences.To widen access to blended learning courses,we strongly recommend expanding the eligibility requirements to include students who are learning remotely.This would ensure that distance learners are not differentiated from their peers and receive the same treatment and level of support from student finance bodies.It is certainly a meaningful starting point in providing desperately needed financial support for students who would benefit most from flexible,blended and online programmes.Recommendation 5:The Government should expand eligibility requirements for maintenance loans to include learners studying remotely.Currently,they are currently only eligible if they have declared a disability.DIGITALLY ENHANCED BLENDED LEARNING 27 4.Employability for the Modern WorkforceSection Overview:Integration of technology in learning environments has the transformative potential to cultivate skills highly valued in todays job market.By engaging with digital platforms and resources,students absorb subject-specific knowledge and become proficient with the tools and technologies in contemporary workplaces.This dual focus on content and technological fluency is essential for students to transition seamlessly into professional roles that increasingly demand digital competence.Our research found that because of emerging technologies such as Generative AI and automation,many professions are reviewing the qualifications process and considering whether they are fit for purpose in the digital age.Evidence session participants highlighted the importance of establishing guidelines for essential skills amidst the evolving technological landscape.We found that courses can be designed to embed the development of digital and information literacy skills into curricular teaching and work best when complemented by extra-curricular opportunities in work-based learning.Professional bodies can help HEIs in this regard by ensuring consistency in evaluating the digital skills needed to succeed in the workplace,which can reinforce digital literacy as a critical outcome of higher education.There was also significant support for HEIs to partner with employers in providing such opportunities,as participants recognised the value of aligning educational outcomes with the needs of the labour market and industries.4.1 Employability in Higher Education Employability has become an integral part of the HE system as institutions increasingly recognise their role in preparing students academically and for the workforce.This shift reflects a broader understanding of the value of HE in equipping students with a blend of academic knowledge and practical skills that improves their chances of securing employment post-graduation.The Government has also placed a greater focus on graduate outcomes due to the Higher Education Act(2017),which the OfS has primarily overseen to guarantee that a university-level education delivers successful outcomes for all students.These outcomes are recognised and valued by employers and enable further study,reflecting a broader strategy to align HE with the evolving needs of the modern workforce and digital economy.The Governments higher education policy statement and reform consultation document further emphasise the prioritisation of graduate outcomes.41 It outlines steps to ensure high-quality courses that lead to good outcomes,including regulatory reforms with the OfS to drive up quality and standards.Reforms include the introduction of numerical thresholds to set minimum expectations for the proportion of graduates who complete their courses and transition to further study or professional work.The document highlights the Governments investment in higher education to support courses that result in positive outcomes for students,the economy,and society.This includes funding for high-cost,high-return subjects,aiming to enhance graduate employability and meet the skills needs of employers and industry.42 28 DIGITALLY ENHANCED BLENDED LEARNING Additionally,the OfS introduced the Quality and Standards Condition B3,which underpins both the Access and Participation plans and the Teaching Excellence Framework.The condition states that the provider must deliver successful outcomes for all of its students,which are recognised and valued by employers and/or enable further study,which delivers on its commitment to set numerical thresholds for graduate outcomes.43 Now,more than ever before,HEIs are being held accountable for their graduates employment prospects and earnings.4.2 Professional,statutory,and regulatory bodies(PSRBs)Professional,Statutory and Regulatory Bodies(PSRBs)play a significant role in the HE sector by engaging with providers at various levels,including regulatory,representative,and promotional.They work with HEIs to ensure that educational programmes meet professional standards and prepare students to enter specific professions.PSRBs may accredit or endorse courses that meet professional standards,providing employer-recognised routes to professions.They can also participate in designing,approving,monitoring,and reviewing courses and contribute to the national systems internal and external quality assurance processes.They critically help to maintain the required standards and comparability with the programmes across the sector,using their statutory and regulatory responsibility to set standards and promote consistency of standards and codes of practice.As such,PSRBs can play a pivotal role in ensuring that HE programmes meet the evolving demands of the professional world.While explicit references to PSRBs and their establishment of digital literacy standards across all disciplines are limited,evidence from specific fields indicates a growing emphasis on digital competencies.There are instances of PSRBs working to integrate digital literacy into HE programmes through various means tailored to the specific needs and standards of the disciplines they oversee.Examples include:Law:The QAA Subject Benchmark Statement for Law highlights lawyers evolving role in decision-makingprocesses as artificial intelligence tools and software develop.This suggests that law programmes mayexplore emerging models for delivering legal services in a digital society,including the use of digital justiceand ethical issues.This indicates a push towards incorporating digital skills and technology into legaleducation to prepare graduates for a digitally driven legal environment.Accounting:The Association of Chartered Certified Accountants(ACCA)works to embed digital literacywithin the accounting discipline.They have introduced digital content and delivery enhancements to itsACCA Qualification to ensure that it evolves in line with technological advancements.Changes includedirect learning through content that tests knowledge of financial systems,blockchain,data analytics,andthe practical use of digital tools in computer-based exams(CBEs).44 The updated qualification now requiresstudents to develop digital skills in specific ways,ensuring that they are well-equipped to meet the digitaldemands of the finance function.The reforms made to the qualification were designed with input fromemployers,guaranteeing that students and members are thoroughly prepared to enter the workforce.DIGITALLY ENHANCED BLENDED LEARNING 29 Healthcare:The Nursing and Midwifery Council(NMC)in the UK mandates standards for nursing education,emphasising digital literacy as a crucial component.These standards apply to all NMC-approved programmes and include expectations for assessing students digital and technological literacyat the selection and admissions stages.45 The aim is to ensure students possess the necessary digital capabilities from the onset.46 Digital proficiency is further highlighted as a critical outcome,with programmes encouraged to support the ongoing development of these skills to meet patient care needs.Proficiency standards for registered nurses detail the importance of digital skills in performing specific procedures and holistic patient care.Nurses are expected to demonstrate numeracy,literacy,and digital skills for safe and effective practice,including the responsible use of digital technologies for information sharing and data management.47 This approach underscores digital literacy as essential for modern nursing.It extends beyond technical expertise to include communication and relationship management in a technologically advanced healthcare environment.Recommendation 6:Professional,Statutory,and Regulatory Bodies(PSRBs)and other accreditation bodies should incorporate digital literacy standards into their evaluation criteria,reinforcing its importance as a fundamental outcome of higher education.4.3 Digital Work-Integrated Learning Opportunities HEIs increasingly recognise the value of digital work-integrated learning(WIL)experiences,such as e-placements,digital internships/apprenticeships,and project-based learning.These initiatives bridge thegap between academic learning and practical application and offer students a comprehensive educationexperience that mirrors the evolving digital workplace.Students can gain practical experience in their field,buildprofessional networks,and develop the digital competencies that employers demand.It also allows studentsto apply their discipline-specific knowledge to solve real issues that they will encounter in their careers.Byintegrating digital WIL into blended learning curricula,HEIs can offer students a more engaging and relevanteducational experience that prepares them for the realities of the modern workplace.Most importantly,digitalWIL experiences can accommodate a diverse student body as they offer flexibility and accessibility,removingbarriers to work experience such as geographical constraints,care responsibilities,or disabilities.In the second evidence session,participants were asked to reflect on employability as a measure of student success and discuss initiatives that provided WIL online.We heard from employers that as the modern workforce becomes increasingly digital,they seek candidates who are not only knowledgeable in their field but also adept with digital tools and platforms.Digital WIL experiences are great opportunities to provide the digital literacy and professional skills essential in todays globalised and technologically driven job market.30 DIGITALLY ENHANCED BLENDED LEARNING Case Study:Dr Lisa Taylor and Peer-Enhanced e-Placements at the University of East Anglia Due to COVID-19 restrictions,in-person practice placements for occupational therapy students at the University of East Anglia were suspended in March 2020.As a solution,the academic team designed and implemented an online practice learning placement called Peer-Enhanced E-Placements(PEEPs).The first PEEP took place from April to May 2020,allowing students to progress through their programme without delay.The PEEPs programme uses the virtual learning environment Blackboard to deliver the placements,which are organised following professional and statutory standards.The PEEPs model provides groups of students with case studies,practical and reflective tasks,and activities with academics,clinicians,and service users,all delivered remotely,to meet the placement learning outcomes.48 Evaluations of the Peer Enhanced E-Placement(PEEP)have revealed significant and authentic learning outcomes,particularly in the context of peer group learning processes.The PEEP initiative has been instrumental in fostering employability that is highly sought after by employers,such as teamwork,interpersonal communication,active listening,problem-solving,and personal accountability.These attributes are critical for graduate employability,and the PEEP has effectively developed these skills,sometimes even surpassing traditional in-person placement experiences,through its emphasis on peer-to-peer learning.Having time to consider a wide range of case studies during the PEEP also provides students with a breadth of learning opportunities to draw upon to develop their employability and career planning.In our view,this type of activity could and should be expanded in a similar guide across disciplines.DIGITALLY ENHANCED BLENDED LEARNING 31 Case Study:Degree Apprenticeship for Digital and Technology Solutions Specialist at Warwick Manufacturing Group The Digital and Technology Solutions Specialist degree apprenticeship,offered by Warwick Manufacturing Group(WMG),is a prime example of how industry partnerships can enhance educational programmes and foster innovation.WMG,an academic department at the University of Warwick,is a pioneer in bridging the gap between academia and industry,driving research and development to address technical and social challenges.49 The degree apprenticeship programme is structured to provide a blend of practical,theoretical,online,and work-based learning,ensuring that apprentices can apply their knowledge directly to the workplace.50 This hands-on experience is invaluable for learners,as it allows them to develop a balance of leadership and technical abilities while implementing complex digital and technology strategies.Additionally,the funding model of apprenticeships underscores the mutual investment in developing a skilled workforce as costs are covered by the UK Government and employers.Employers play a crucial role in shaping the apprenticeship programme,not only by providing financial support but also by collaborating with educational institutions to tailor the programme to industry needs.In summary,the Digital and Technology Solutions Specialist degree apprenticeship at WMG is a compelling case of how industry partnerships can enrich educational programmes.By aligning academic learning with industry expertise and needs,WMG ensures that apprentices are well-equipped to tackle current and future challenges in the technology sector.Recommendation 7:To bridge the gap between education and employment,HEIs should partner with employers to facilitate digital work-integrated learning experiences such as e-placements,digital internships,and project-based learning.32 DIGITALLY ENHANCED BLENDED LEARNING 5.Use and procurement of EdtechSection Overview:Blended learning approaches are centred around the latest developments in educational technology.These technological advancements have opened vast opportunities for blended learning to address the inadequacies of the traditional large lecture format that is commonly used in undergraduate higher education.In this report,Edtech is defined as technology that facilitates and enhances learning,teaching,and assessment,referring to the whole industry.This includes hardware such as laptops and tablets,as well as software and services like cloud-based learning management systems or virtual learning environments.Our evidence sessions showed that education providers are motivated and committed to using technology and data to improve operations,student experiences,and outcomes.However,implementing newly acquired technology and the tendering process can be resource-intensive and time-consuming.We recommend a more unified and consistent approach to procuring Edtech to leverage the collective voice and purchasing power of HEIs.Currently,in England,there is no universally agreed framework or standard that facilitates the evidenced-based judgement of what constitutes a high quality,effective Edtech product.In the absence of an evidence-based method to differentiate Edtech product quality,there is no clear guidance,grounded in pedagogical evidence,regarding desirable criteria or quality characteristics to look for when selecting Edtech products and tools.Department for Education,2023 5.1 Challenges in Procuring Edtech HEIs are solely responsible for the digital products and services they procure.As such,institutions independently gather information and monitor the impact of digital products and services.In a written contribution,Nous Group reported that 59%of universities have increased investments in digital infrastructure that supports student and academic life.In interviews with academic staff,many attributed the increased investment in Edtech solutions to technologys ability to enhance the quality and accessibility of course materials,improve operational efficiency,and ensure that universities remain competitive in the long term.However,the complexity of the digital ecosystems of universities and the resources required to monitor and evaluate emerging technologies pose a barrier to the widespread adoption of digital tools.Contributors to the inquiry voiced that the tendering,procurement,and implementation of a new Edtech solution is hugely arduous,costly,and resource-intensive.51 Preparing for and running tender exercises requires institutions(especially ones considered to be public sector organisations)to gather information,adhere to prescriptive regulations,and qualify vendors.HEIs manage such activities independently or through various channels such as purchasing consortia and sector organisations(e.g.Jisc,UCISA,etc.),which can impose further challenges as each HEI will differ in their digital maturity and capacity for Edtech adoption.DIGITALLY ENHANCED BLENDED LEARNING 33 We found that HEIs work closely with purchasing consortia to procure Edtech,such as the UK Universities Purchasing Consortia(UKUPC).It is a favoured approach to procurement,as purchasing consortia can provide specialist knowledge relevant to the needs of the HE sector.The UKUPC delivers a broad portfolio of framework agreements for universities,effectively combining the purchasing power of multiple institutions.In an interview with colleagues at the Southern Universities Purchasing Consortia,one of the regional members of the UKUPC,we found that institutions are at various stages of digital maturity,leading to diverse approaches to tendering and implementation.However,all institutions face similar barriers to adopting new Edtech and IT solutions the most pertinent being the cost of procurement exercises and the time needed to facilitate tendering and implementation.5.2 Focus Group Findings In collaboration with UCISA,a membership organisation for digital practitioners in the HE sector,the Commission convened two focus group sessions focussed on procuring Edtech for blended learning.The group identified several areas that would benefit from policy interventions to improve procurement practices across the sector.1.IncreasingThe group found that there needs to be more of a concerted effort to increase Competitioncompetition and reduce monopolies held by some suppliers to ensure that HEIs can access the full suite of available Edtech solutions on the market.Monopolistic behaviour can also reduce innovation and exacerbate financial pressures for HEIs looking to change services.Members also noted that such issues can be further compounded by practical constraints such as the time required to complete procurement activities or the utilisation of university frameworks that apply to only a small pool of suppliers.2.Multiple RoutesThe group spoke of the importance of enabling dynamic procurement and creating to Marketalternate routes to market.Dynamic routes can improve responsiveness from both the market and sector and increase access for HEIs to engage with a diverse range of suppliers,from small UK-based innovation companies and start-ups to internationally based Edtech vendors.3.Aggregated/JointThe group supported aggregated procurement as it can allow the HE sector to have Procurementa greater influence in the market and increase its buying power.Furthermore,joint Exercisesprocurement exercises can increase efficiency and drive up the value of the various consortia and purchasing groups,which benefits HEIs as they are able to obtain the best value for money.4.Efficiency andThe lack of standardised approaches or criteria is a barrier to the widespread Standardisationadoption of emerging Edtech for buyers and suppliers.The group emphasised,however,that the community should drive standardisation by identifying best practices rather than introducing new policy mandates that could risk increasing administrative burden for HEIs such as centralised information repositories or standardised functional requirements that are shaped by the sector.34 DIGITALLY ENHANCED BLENDED LEARNING 5.Commercial Skills inThe group emphasised the importance of raising the profile of IT procurement the Digital Ageacross staff,as well as increasing awareness and skillsets needed to engage critically with digital tools.Conversely,members noted the importance of having commercial skillsets in IT leadership teams,which is considered best practice in industries but is not commonplace within the HE sector.6.InteroperabilityThe group discussed interoperability as a critical function in enabling competition and diversity in the Edtech market.Members found that more could be done to ensure that suppliers providing services for the HE sector can be seamlessly integrated into other platforms.This would reduce the cost of change for institutions,increase leverage,and allow for faster deployment of new technology.7.StandardisedNon-functionalRequirementsNon-functional requirements(NFRs)in relation to Edtech are specifications that describe the systems operational capabilities and constraints,which determine how well the Edtech system operates rather than what it does.The group found that the sector would benefit from a standardised set of NFRs to ensure critical aspects of the user experience(e.g.accessibility,cybersecurity,data privacy,etc.)are always considered when purchasing new Edtech tools.5.3 Due Diligence on Edtech Tools and Early Market Engagement The Commission received various submissions voicing concerns on due diligence and the equitable use of Edtech tools for education.Despite the grand scale of the Edtech industry and its extensive reach over the HE sector,for many Edtech products,“little is known about how they work,whom they benefit and whether they work successfully”.52 The Department for Education has regularly published notes on the topic,although its scope does not extend beyond schools and colleges.Contributors to the inquiry supported a sectoral-level oversight of the Edtech market to ensure that the adoption and implementation of Edtech tools are considered in the context of critical social challenges such as digital inequity,transparency,and ethics.It is crucial for institutions to ask the right questions upfront:knowing the market is critical to anticipate risks and to make informed requests for proposals to suppliers.The census that emerged from written submissions was to form a consistent and unified approach to the market so that the sector can leverage its collective voice and buying power as effectively as possible.Further,standardising requirements would encourage vendors to develop products relevant to UK pedagogic practice and increase efficiencies,as institutions would not have to qualify each vendor individually.53 One method of facilitating sector-wide due diligence is to establish centralised information repositories on Edtech vendors that have been vetted and backed by academics,trusted sector bodies,and providers.DIGITALLY ENHANCED BLENDED LEARNING 35 According to the OECD,establishing information platforms on Edtech providers and information and resources is a solution to bridge the information gaps between levels of governance.54 A vendor database is such a platform,acting as a central repository that stores and manages information about suppliers or vendors.The database typically includes essential information such as contact details,financial data,performance history and contract terms.The purpose is to streamline procurement processes,enhance communication and collaboration between suppliers and organisations,and ensure compliance with corporate policies and industry regulations.It is an effective way of requiring suppliers to adhere to a professional level of rigour and standards or identifying suppliers that are compliant with requirements deemed as a priority for buyers.The case study below demonstrates the advantages of utilising a vendor database,especially for early market engagement exercises.Case Study:Achilles Utilities Vendor Database(UVDB)Like Edtech,the utility market is fast-moving and subject to stringent regulations and constant technological advancements.Achilles,a company specialising in supply chain regulation and procurement,connects suppliers across sectors and geographies to create resilient and transparent supply chains.They offer a wide range of services to help buyers procure utilities,such as in-depth assessments and in-person audits,to ensure that suppliers and buyers are supported in making the best choice for their businesses.Achilles hosts a platform called MyAchilles that helps buyers collect and validate information about a vendor and the products or services they supply.The Utilities Vendor Database(UVDB)is part of their offer,a prequalification service that helps utility companies manage risk,comply with regulations,and verify other critical financial and company information.Critically,the database is successful in achieving the following:Faster Processes:the vendor database can complete tendering exercises within ten days(excludingnegotiations),as buyers already have access to supplier insights(e.g.IT systems integrity,cyberexposure).By comparison,a HEI will spend around 10-12 months to tender a VLE platform formally.55 Customised terms and conditions:buyers can customise their terms and conditions and issue themthrough the Request for Information feature,a communication channel between the buyer andsupplier.As HEIs have their own unique needs and wants for Edtech platforms,a feature like this couldeasily facilitate negotiations for terms and conditions on an institutional or sector-wide level.Thisfeature could,for example,establish NFRs such as accessibility as a minimum requirement forsuppliers.Pre-qualification questionnaire created by the community:the pre-qualification questionnaire iscreated by working groups comprised of stakeholders across the sector and is created and updated bythe community.Dynamic Purchasing:the vendor database enables small-to-medium enterprises(SMEs)and start-upsto register in a matter of days,given that suppliers can pass the pre-qualification questionnaire.Thisenables a competitive market as it is easy to diversify the pool of suppliers.36 DIGITALLY ENHANCED BLENDED LEARNING We found that many of the large suppliers also used by the HE sector are registered in the vendor database(such as Microsoft and Cisco)and that creating a new category in their database specifically for Edtech vendors is feasible and worth exploring.Using the Achilles vendor database for Edtech can enable transformative changes to how HEIs procure IT software and products,simplifying and speeding up the procurement process.This can save administrative costs and help sector bodies procure Edtech solutions from vetted and trusted suppliers with track records of enhancing learning experiences and outcomes.Additionally,creating a new category in their existing database specifically for Edtech vendors is feasible and worth exploring.Various contributions to the inquiry show that the sector wants a streamlined process that affords customisation and flexibility.We find that if a pre-qualification system is to be established,it is fundamental to build upon existing mechanisms and established channels for mediating procurement principles and ethics,which are often led by trusted sector bodies such as Jisc,UCISA and BESA(for schools and colleges).As such,a vendor database for Edtech led by the HE sector and relevant organisations is a practical,short-term solution for increasing efficiencies and competition whilst maintaining a level of professional standard.Furthermore,it would advance sector-wide thinking on what additional benchmarks particularly relevant to safety and reliability issues are required for technologies that are beingdeployed in an educational setting.Recommendation 8:To encourage competition in the Edtech sector and maintain high-quality standards for emerging products and services,the HE sector should adopt the model of a vendor database of current and potential suppliers of Edtech and IT services to universities,with the support of trusted sector bodies(UCISA,Jisc,ALT,BESA etc.).Resource:Accessibility Toolkit for Procurement and Contracting Templates The Royal National Institute of Blind People(RNIB)and University College London(UCL)are collaborating to improve the accessibility of the higher education experience.A key early output of the collaboration will be guidance on procurement and contract templates that provide robust requirements around accessibility compliance.Creating guidelines(and an accessibility toolkit)for the procurement of products and services will ensure that institutions do not have to reinvent the wheel when going to market.By standardising accessibility requirements,the guidelines will reduce the ability of suppliers to embed inaccessible products within the higher education landscape.Consistency in procurement processes will also support greater business incentives for suppliers to deliver accessible by design products and services as higher education institutions will be better positioned to compare procurement feedback and outcomes.If you would like to find out more or be part of the project please contact Ben Watson,Head of Digital Accessibility at UCL:b-watsonucl.ac.uk,or visit the Make Things Accessible website.DIGITALLY ENHANCED BLENDED LEARNING 37 5.4 Creating Edtech(Research&Development)Educational innovation needs to be driven by pedagogical deliberations rather than technical novelty or private sector financial gain.It is important to ensure that those pedagogical deliberations are based on robust scholarship and research into what works.Research and scholarship opportunities that encourage interdisciplinary collaboration between academics,technologists and researchers would be particularly welcome.Advance HE,written submission Edtech products have the potential to alter the socio-structural order of the educational system as they increasingly play a role in decision-making processes at various levels,including administrative and pedagogical decisions.As previously mentioned,there is still room for clarification on Edtechs functionality and the beneficiaries of these products:it is paramount that pedagogical interests drive the development of Edtech tools rather than commercial ones.In the evidence sessions on using Edtech,participants voiced their support for collaborations between learning technologists,academic specialists,and the participation of user communities the products intend to serve.As such,projects that leverage the pedagogic expertise of educators should be further prioritised in developing Edtech solutions for the HE sector.The previous section emphasised the significance of interoperability,as discussed by the members of the focus group.It is crucial to foster collaborations between academia and industry to ensure that Edtech investment is aligned with industry needs and changes,which can lead to improved integration support.Jisc,in their written submission,emphasised the importance of data and technical interoperability as critical to a fast-developing and ever-changing market,which is as much about supporting integration and use as it is about supporting exit plans to move to new solutions.56 Collaborations between academia and industry can help promote better integration,further supporting students and staff to use a diverse suite of digital tools that can enhance their learning experiences.Existing initiatives that have supported the research and development of Edtech tools include the Knowledge Transfer Partnership(KTP)scheme.KTPs are funded by Innovate UK and are a partnership between UK-based businesses,registered knowledge bases(universities,colleges,catapults,and technology organisations),and a suitably qualified graduate with the capability to lead a strategic business project.KTPs are developed with the core goal of solving specific,strategic innovation challenges faced by a business.A recent pilot scheme under the KTP programme was designed to create short-term collaborations to“rapidly inject innovation capacity,”aptly named the Accelerated Knowledge Transfer to Innovate Pilot Scheme.One funded project was a partnership between York St John University and ViSR Dynamics Ltd,which explored the suitability of a self-author tool for augmented reality content within learning and assessment for educational purposes.57 Most notably,the research is underpinned by exploring various methods of teaching and learning,as the project overview states that this Edtech solution is most effective when implemented within a constructivist pedagogy.This is an example of how collaborations between industry,academics and developers can create Edtech products and tools driven by pedagogical interests rather than commercial interests.38 DIGITALLY ENHANCED BLENDED LEARNING Case Study:Durham University and Theatre in the Round(Use of VR in English Studies)Many of the simulation-based educational opportunities focus on disciplines with a high portion of practical components,such as medical education or engineering.However,a collaboration between technicians,subject specialists and learning designers at Durham University showed how convening expertise from multiple domains has modernised English studies,a traditionally theoretical and desk-based subject.A recent research project aimed to provide students with a unique learning experience by using virtual reality(VR)to explore scenes from the plays they were studying.Students performed scenes from three plays they studied for the module,selected from Hamlet,Top Girls,and Waiting for Godot.Performances were then recorded using a 360-degree camera.Later,students viewed these scenes using Oculus Quest headsets and then participated in a focus group to discuss their experiences and key takeaways.The project is a collaboration between Dr Alistair Brown,a professor of digital humanities and modern literature,Dr Mark Childs,a senior learning designer,and James Youdale,a senior digital education consultant and technologist.The project objectives were to modernise a traditionally academic subject and use VR headsets to fully immerse students in the text and reflect on their readings.In an interview with Dr Childs and Dr Brown,we found that the project facilitated shared understanding between the course convenors,as the integration of VR technology was informed by pedagogical knowledge.For example,during post-performance focus groups,students were asked to discuss their experiences of using the technology and how it might have affected their interpretations of the text.Students reported that they were able to get into character and embody the characters they were studying,leading to more productive discussions emerging from the VR sessions when compared to the more traditional seminar approach.Reflecting on this experience,Dr Childs stated that technology can be a means to emotionally engage students,create community,and connect with them as people.“Learning is about emotional connection,and so is technology,if you get them right”.This project successfully pulled together various disciplines and technical experts to design an approach to utilising Edtech tools that transmit knowledge and convey emotion.Recommendation 9:UK Research and Innovation(UKRI)and HEIs should prioritise project funding for research and development of Edtech solutions and digital learning materials co-produced by academics,learning technologists,and developers.DIGITALLY ENHANCED BLENDED LEARNING 39 5.5 Contracting and Licensing Practices The focus groups highlighted several practices that have become commonplace in the HE sector,especially regarding the procurement of digital resources.Through the discussion,we found some examples of recurring unfair behaviour:Transitioning to Software as a Service Model(Edtech as a service,rather than a product)Vendors providing software systems as a product are moving to a software-as-a-service(SaaS)model without giving HEIs enough time to consolidate their options and run an entire tender exercise.In one case,a vendor announced their transition to a SaaS model,providing HEIs less than a year to decide to shift and a further two years to implement the changes,despite tender exercises taking much longer to complete under current procurement rules.Further,once an institution has decided to shift,providers are expected to begin paying SaaS rates,irrespective of the fact that the transition has not yet taken place.Price Hikes on Renewal Price hikes are announced suddenly,often without factoring in the time needed for HEIs to consult the market and make informed decisions.In one case,a vendor increased prices up to fourfold with limited justifications for why this price hike occurred.Buyouts and commercialisation are also increasingly becoming problems for HEIsjust in 2021,$20.8 billion of venture capitalist investment flooded the Edtech market.For many publicly funded HEIs,it is increasingly challenging to sustain digital contracts during aggressive price hikes.Introduction of data Vendors have started restricting free cloud and data storage,introducing new storage costs costs upon renewal.Although this phenomenon has occurred globally,with many HEIs worldwide being impacted,HEIs in the UK have particularly been affected due to earlier renewal dates.By the end of February 2024,HEIs will be subject to new costs for data storage a mere four months after the announcements.This is particularly an issue as HEIs are expected to collect and report data for regulatory and finance purposes.For example,the OfS requires the sector to retain student records for up to five years.Premium Pricing on A vendor may supply a particular product that comprises multiple components.Specific Components The group reported that,in some cases,vendors had used a different license or and Lack of price model for that specific component.Because that specific component will be Interoperability embedded into other systems,HEIs cannot opt out of the said component without having to abandon the complete product set.Another example is when vendors have different levels of licensing with varying levels of non-functional requirements built in,encouraging buyers to opt for the highest level.40 DIGITALLY ENHANCED BLENDED LEARNING In the cases above,changes in prices or operating models are often announced with little room for negotiation and
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Portland Litigation and Disputes:Specialist advisory and strategic communications 1The Rt Hon.the Baroness Carr of Walton-on-the-Hill,Lady Chief Justice of England and WalesPage 2Portlands annual Commercial Courts Report analyses judgments from the London Commercial Courts to identify notable trends from each year.This years report also features insights into international commercial courts in other jurisdictions,exclusive national polling on global legal trends,and for the first time,an analysis on how the media reports on cases in the Commercial Courts.WITH EXPERT ANALYSIS FROM:The Rt Hon.the Lord Thomas of CwmgieddPresident of the Qatar International Court and former Lord Chief Justice of England and WalesPage 7Katie EmmsDirector at Portland CommunicationsPage 1001London Insights02Emerging JurisdictionsInternational litigant appearances continue to hit record highs in the London Commercial Courts.The end of Russian dominance as number of Russian litigants sharply decrease.Ireland,the US,Switzerland and the UAE make the top 5 nationalities of litigants after the UK.Netherlands Commercial CourtUK public remains overwhelmingly supportive of ESG litigation.The use of AI by lawyers and judges is viewed with scepticism by the UK public.Expansion of televised court proceedings viewed positively by the public.03National PollingQatar International CourtAstana International Financial CentreDubai International Financial CentreSingapore International Commercial CourtFEATURING A FOREWORD FROM:Commercial Courts Report 2024Ned Beale Partner at HausfeldPage 32Duco OranjePresident of the Netherlands Commercial Court of AppealPage 19Page 13Andrew Mackenzie Partner and Regional Head of Litigation,Arbitration and Regulatory for DLA Piper(Middle East)LLP Page 15The Rt Hon.the Lord Burnett of MaldonChief Justice of the AIFC Court and former Lord Chief Justice of England and WalesPage 17Stefanie PfistererPartner at Homburger Kimberly AmreinAssociate at HomburgerChris Campbell-Holt Registrar and Chief Executive of the Astana International Financial Centre CourtFaisal Rashid Al-SahoutiCEO of the Qatar International Court and Dispute Resolution CentreH.E.Justice Omar Al MheiriDirector at the Dubai International Financial Centre(DIFC)CourtsJennifer LimPartner at Sidley Austin LLPPage 23Page 21Page 25Page 27Minesh TannaPartner and Global AI Lead at Simmons&SimmonsThea Philip Associate Director at Pollination GroupJames Cameron Senior Advisor at Pollination Groupand experienced board memberPage 29Page 31disputesportland-The Rt Hon.the Baroness Carr of Walton-on-the-Hill,Lady Chief Justice of England and WalesForeword to Portlands Commercial Courts Report 2024The continuing appeal of the Commercial Court to the worlds commercial community is both no news and good news.The 2023/2024 period covered by this report saw the court serve a higher proportion of international litigants than ever before,from a record 84 countries;these figures present a story of continuity and change.International litigants continue to represent a clear majority of the courts cases,but there has been a notable change in their make-up.In particular,2023/2024 saw a significant fall in Russian litigants as a result of geopolitical factors outside the courts control.What is particularly noteworthy is that the courts work continued to grow,notwithstanding the curtailment of what has traditionally been a significant source of work for the court.This is a testimony to the courts resilience.The fall in the number of Russian litigants has been counterbalanced by increases in litigants from other countries:the US,Switzerland and the UAE,in particular.The Commercial Courts workload includes an increasing number of lengthy and hugely complex cases.By way of example,next term sees the continuation of a year-long trial raising allegations of fraud in relation to refund claims against the Danish tax authorities,and a trial arising from the detention of over 500 leased aircraft in Russia.The following term sees the start of a year-long trial concerning an alleged fraud on the Kuwait Social Security authority.They will be heard alongside numerous term-long or shorter trials,heavy applications and hearings concerning the courts role as the principal supervisory court for international arbitrations seated in England and Wales.These multi-party,multi-issue cases require expertise in law,commercial practice and case management which the judges of the Commercial Court are uniquely placed to provide.The Commercial Courts continuing appeal reflects the excellence and hard work of the courts judges and staff.In the period reviewed in this report,the judges handed down 262 reported judgments resolving complex commercial disputes,dealt with a huge number of paper applications,and a large(and growing)volume of urgent injunction applications.Alongside their judicial work,the judges support international dispute resolution in England and Wales by presenting lectures,participating in conferences,and promoting this jurisdiction internationally by hosting numerous visitors from the courts of other countries.As in the case of Mr Justice Robin Knowles as the Judge with day-to-day responsibility for the Standing International Forum of Commercial Courts(SIFoCC),judges also run and participate in programmes designed to promote inclusion and diversity in the legal professions,andsupport the work of the Circuit Commercial Courts outside London.More details of their work in these areas can be found on the Commercial Court pages on the Judiciary website.I am extremely grateful for the hard work of all ofthe Commercial Court judges,which is reflected in the figures presented in this report.I pay particular tribute to Mr Justice Foxton,whose term as Judge in Charge of the Commercial Court comes to an end this summer.He has fulfilled this demanding leadership role in addition to his normal judicial responsibilities with characteristic flair,erudition and commitment.Portland Litigation and Disputes:Specialist advisory and strategic communications 3CONTENTSLONDON INSIGHTS4Londons Commercial Courts continue to attract record numbers of international litigants 8How has the media reported on Commercial Courts cases?11Dramatic drop in number of Russian litigants using London Courts12Notable rise in Swiss litigants with a 73%surge 14Litigants from the UAE hit record highs for second year in a rowEMERGING JURISDICTIONS18Netherlands Commercial Court20Qatar International Court and Dispute Resolution Centre22Astana International Financial Centre 24Dubai International Financial Centre 26Singapore International Commercial CourtNATIONAL POLLING28Public majority supportive of ESG lawsuits 30Public opinion is sceptical of AIs role in the legal industry 32Out-of-court settlements:the publics response 33Methodology and sources123disputesportland-*of known nationality.Unknown nationalities shown in grey.C.Proportion of EU27,UK and rest of world litigants 2018-2024 EU27REST OF THE WORLDUKThe London Commercial Courts have had yet another record-breaking year.International parties constituted 64%of all litigants over the past year,the largest proportion since Portland began collecting data,and an 8%increase from last year(as shown in figure A).76%of public agreethat“The English courts have an important impact on the UKs international reputation.”2020-20212018-20192019-20202021-20222022-20232023-2024010203040506070801009034.5P.59.8A.1.99.6D.9.68.3F.4.3$.72.3D.3.2%A.Percentage of international litigants in the commercial courts2020-20212018-20192019-20202021-20222022-20232023-202450X.9U.1S.6dY.8%B.Number of judgments handed down by the London Commercial Courts050100150200250300158217198292234165143192257262Londons Commercial Courts continue to attract record numbers of international litigants Overall activity in the Commercial Courts has also remained steadily on the increase.The past year saw a 2%increase in the total number of judgments handed down(as seen in figure B),reaching a total of 262.This marks a continued recovery from the post-Covid dip in activity seen in 2021-2022 and represents a 12%increase in activity over the past two years.There were 1,220 litigants in total recorded across all judgments this past year,a 9%increase from the previous year.These numbers are not expected to decrease any time soon,with the UKs recent signing of the Hague Convention only enhancing the long-term attractiveness of the English jurisdiction.This increase was not recorded equally across all regions.As figure C indicates,there was a significant rise in the number of EU27 litigants,driven largely by a surge in litigants from Ireland involved in aircraft insurance cases.Eighty-four nationalities appeared in the Commercial Courts over the past year.This beats last years record of 78 nationalities,underscoring Londons appeal as an international legal hub.Portlands national polling indicates that the UK public believe this increasingly international makeup of the London courts is a positive development,with 76%agreeing that the English courts have an important impact on the UKs international reputation.1Portland Litigation and Disputes:Specialist advisory and strategic communications 5391 LITIGANTSLITIGANTSUNITED KINGDOM(2022-23:1st)139 LITIGANTSLITIGANTSIreland(2022-23:10th)75 LITIGANTSLITIGANTSUnited States(2022-23:2nd)45 LITIGANTSLITIGANTSSwitzerland(2022-23:8th)43 LITIGANTSLITIGANTSUnited Arab Emirates(2022-23:6th)38 LITIGANTSLITIGANTSIndia(2022-23:4th)33 LITIGANTSLITIGANTSCyprus(2022-23:11th)29 LITIGANTSLITIGANTSBritish Virgin Islands(2022-23:20th)27 LITIGANTSLITIGANTSRussia(2022-23:3rd)19 LITIGANTSLITIGANTSCayman Islands(2022-23:12th)D.Top ten litigants by nationality 2024(previous years ranking)For the first time in four years,there has been a shift in the top three nationalities most frequently appearing in the London Commercial Courts.Propelled by a surge in litigants appearing before the courts for aircraft insurance cases,Ireland has for the first time appeared in second place,while the US has dropped to third,despite seeing a 56%increase in litigants this past year.Meanwhile,the number of Russian litigants has decreased by more than half,with 58 Russian litigants in 2022-23,and only 27 litigants in 2023-24.This means Russia has dropped outside the top three for the first time since 2017-2018.An in-depth analysis of Russias decreasing presence can be found on page 11.This year there has seen record-high appearances by litigants from Switzerland,the UAE,Cyprus and the British Virgin Islands(BVI).Despite a 14crease in Indian litigants from last year,Indias strong presence in the London courts has held firm since recording an all-time low of 5 litigants in 2021-2022.Singapore has notably dropped out of the top ten,with the number of Singaporean litigants decreasing from last years record high of 35 in 2022-2023 to just 17 in 2023-2024.The number of litigants from countries on the African continent also decreased from 62 to 51 in total this past year.Litigants from Zambians took the lead as the most frequently appearing nationality from the African continent with 11 litigants,despite not having appeared before the London Commercial Courts since 2019-2020.This was largely due to one case involving the purchase of Finance Bank Zambia(Mahtani&Ors v Atlas Mara Ltd&Ors).State litigant appearances see record highsPortland recorded the highest number of nation-state litigants in the London Commercial Courts this past year,almost triple the number seen in the previous year(figure E).Nation-state litigants appeared 31 times this past year(discounting government agencies or other public organisations),a record number.These were across four different continents,including the national governments of Cuba,Argentina,Nigeria,Spain,Mozambique,and Syria.A majority of these judgments(58%)were related to arbitration.This reflects the Commercial Courts role as the principal supervisory court for London-seated international arbitrations,determining both challenges to and the enforcement of arbitral awards.39%were disputes regarding sovereign debt claims.With the International Monetary Fund(IMF)recently reporting that almost 70 countries are now at risk of post-Covid debt distress,a future wave of litigation is already on radars.112345678910E.Number of state litigants appearing in the London Commercial Courts1411100 05 51010151520202525303031disputesportland-0%5 %05%G.Annual rate of UK v.UK match-ups as a percentage of total judgments As expected,the most frequent head-to-head in the Commercial Courts was UK v.UK which constituted 60 judgments,the same number as last year.The rate of UK v.UK match-ups has been gradually decreasing over the years,as a percentage of total judgments(figure G),from reaching a peak in 2020-2021.This is also the second year in a row where UAE v.UAE has appeared in the top five pairings.Consistently appearing as a top country pairing over the past five years,the number of US v.UK cases hit a record high this year(nine judgments),the most recurrent party pairing involving a lead foreign litigant ever recorded.When looking at which nationality UK litigants have appeared against most in the past five years,the US also comes out on top,appearing as the lead litigant in the most judgments by a large margin(figure H).1st:60 judgments2nd:9 judgments3rd:7 judgments4th:6 judgmentsUNITED KINGDOMV.UNITED KINGDOMUNITED STATESV.UNITED KINGDOMUNITED KINGDOMV.ARGENTINAUNITED ARAB EMIRATESV.UNITED ARAB EMIRATES5th:5 judgments5th:5 judgments5th:5 judgmentsUNITED KINGDOMV.IRELANDLUXEMBOURGV.UNITED KINGDOMINDIAV.SINGAPORE*Displayed order of nationalities does not reflect position of a party as claimant or defendant in the case.F.Top Seven Party Pairings by Nationality*IndiaIreland SwitzerlandUnited States29Germany19Saudi Arabia17Cyprus16Denmark1513H.Most common lead litigant nationalities appearing against lead UK litigants since 2019 2020(by number of judgments)FACE OFF:UK STILL DOMINATES TOP PAIRINGS DESPITE INCREASINGLY INTERNATIONAL COURTSPortland Litigation and Disputes:Specialist advisory and strategic communications 7The Rt Hon.the Lord Thomas of CwmgieddPresident of the Qatar International Court and former Lord Chief Justice of England and WalesThe London Commercial Court and International Commercial Courts As the Report shows,London is the worldwide centre for the resolution of commercial disputes and its Commercial Court maintains its position in attracting increasing numbers of overseas litigants.There are several reasons for the pre-eminence of London,but the most important is the role the Commercial Court plays.It continues to build upon the achievement of commercial judges over the centuries in making sure that English Commercial Law continues to provide a system of law that meets the needs of commerce,is certain and has the flexibility to adapt to change.The English judiciary,supported by the profession,demonstrated these strengths in the move from sail to steam and other major changes in transnational trade and is continuing to so by developing the law as we adapt to digitalisation and artificial intelligence.The role of the Commercial Court in London has to be seen in the context of the worldwide development of Commercial Courts.Many countries have from time to time sought to develop their own commercial courts to support investment,to achieve an orderly business environment,and to encourage the provision of legal and other services.However,few of these courts obtained the confidence of transnational business and investors.Arbitration was preferred,although even there the support of courts is needed for enforcement of awards and for supervision or arbitration.In 2017 the English judiciary proposed the establishment of the Standing International Forum of Commercial Courts(SIFoCC)to encourage the more systematic development of commercial courts worldwide.57 jurisdictions are members of SIFoCC;they represent 70%of G20 nations as well as a number of smaller developing nations or nations in emerging markets.It held its 5thfull meeting in Doha in April 2024.Although in one sense the courts are all competitors to London by seeking to retain international dispute resolution at home,there is a huge benefit for transnational business and investment and the rule of law.Leadership of SIFoCC strengthens the efficacy of dispute resolution,the development of commercial law and the growth of transnational commerce by raising common standards in case management and procedure,by support for international arbitration,by the more effective enforcement of judgments,and in the delineation and development of informed approaches worldwide to the legal issues that arise in climate change,artificial intelligence and third-party litigation funding.A significant step was also taken by HM Government to encourage the use of commercial courts by its signature on 12 January 2004 of the 2019 Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.When the Convention enters into force,it will further strengthen the use of commercial courts worldwide and in particular Londons Commercial Court for overseas litigants.London is the worldwide centre for the resolution of commercial disputes and its Commercial Court maintains its position in attracting increasing numbers of overseas litigants.disputesportland-For the first time,Portland collected data on and analysed the media coverage of all 262 Commercial Court judgments recorded in this years report.Twenty-two different judgments had news coverage(at least one article)in the top 25 UK news sites.This top 25 is according to the Press Gazette engagement rankings(March 2024).2The Financial Times(FT)was the most prolific news outlet among the UK top 25,publishing articles on ten Commercial Court rulings(as seen in figure I).Among others,this included the judgments inPalladian Partners LP&Ors v The Republic of Argentina&Anor and Navigator Equities Ltd&Anor v Deripaska.Judgments were also covered by international media outlets,reflecting the global calibre of litigants involved in London Commercial Courts cases.Twenty-two judgments were covered by Reuters,and another 13 appeared in Bloomberg,more judgments than any other UK outlet.Seventy-six judgments had news coverage in general,counting all trade,local and national press outlets.Legal trade outlets were expectedly the most prolific out of all sub-groups.In the past year,big businesses and prominent individuals involved in Commercial Court cases,on both defendant and claimant sides,have attracted high levels of attention from the media and the public.The media interest continues to demonstrate the wider impact that litigation can have on a business,beyond legal exposure.REUTERSBloombergFINANCIAL TIMESCITY A.M.THE TIMESThe TelegraphThe GuardianTHE INDEPENDENT22131065544I.Number of judgments covered in international and top-tier UK pressNot all judgments receiving international media attention were reported by UK outlets.For instance,in CRF Ltd v Banco Nacional de Cuba,the April 2023 ruling on investment firm CRFs claim to enforce historic sovereign debt on Cuba received no coverage in UK news outlets,but articles were published in French,Spanish and US media,as well as Reuters.Two months prior to the judgment,Cuban government officials gave an exclusive briefing to the FT,which published an article highlighting their legal arguments against the backdrop of extensive public pressure over the unpaid Castro-era commercial loans.3 Litigants may seek to use the media to advance particular legal arguments,but this is not without risk.It needs to be carefully managed and aligned to a post-judgment strategy.The Commercial Courts often hand down complex,multi-faceted judgments which cannot alwaystranslate easily into news coverage.In CRFs case,while the Court ruled that it had jurisdiction to try CRFs claims and that it was a legitimate creditor,Reuters headlined with“Cuba wins ruling in UK court battle with creditors over unpaid loans”.4 This referred to part of the ruling which found the claim against only one of the two defendants(in this case the Republic of Cuba)to be dismissed.Regarding the articles in the top 25 UK news outlets,55%directly quoted more than one line from the judgment.When it comes to international coverage(Bloomberg and Reuters),judgments were much less likely to be quoted at all(figure J).Fewer lines from a judgment being highlighted in coverage risks articles losing legal precision or being angled to one narrative though lengthy rulings will inevitably need to be condensed to fit limited article space.J.Percentage of top-tier articles that directly quote lines from Commercial Courts judgments 45U%One line or lessMore than one line 80 %Articles in the top 25 UK news outletsArticles in Reuters and Bloomberg HOW HAS THE MEDIA REPORTED ON COMMERCIAL COURTS CASES?Portland Litigation and Disputes:Specialist advisory and strategic communications 9To help explain complex rulings to the public,judges in the Helsinki District Court in Finlandare encouraged to write their own press notices to the media.5 Influenced by a similar system in the Netherlands,articles on a ruling are often based on these statements and ensure greater accuracy in coverage.6 Portlands polling of a nationally representative sample of 2,000 UK adults shows a majority(67%)would support this model being instituted.Cautious steps have recently been made to improve non-party access to court information,and the Ministry of Justice will publish a consultation paper on open justice later this year which could recommend more reforms to increase transparency in the justice system.7M.Judges in England and Wales should write their own press statements to ensure public understanding of rulings AgreeDisagreePortlands analysis found no notable difference in the amount of media attention between procedural or main judgments in the Commercial Courts.Coverage in the top 25 UK news sitesconstituted 13 main and nine procedural judgments.Rather,the profile of litigants involved was a key driver in whether a judgment received coverage.This was reflected in the finding that 65%of all headlines in the top 25 UK outlets directly named either the claimant,defendant or both.Regarding headlines in Reuters and Bloomberg,this figure jumped to 86%(figure K).Aside from written coverage,Commercial Courts proceedings are yet to be subject to live broadcast.The Crown Court introduced TV cameras in July 2022,announcing a year later that 30 cases had seen sentencing remarks be broadcast live to the public.8Supporting the recent opinions voiced by senior judges,there is firm public support for further expansion,with almost three fifths(59%)thinkingmore UK court proceedings should be broadcast to the public.More broadcasted proceedings could be key to increasing transparency and public understanding.But some have urged caution and warned of risks to the influencing of judicial business and juries.9The media cover cases throughout their many stages,not just at the judgment.For example,in Virgin Enterprises Ltd v Brightline Holdings LLC,there was top-tier international and domestic coverage when the case was first filed in February 2021 and during a 3-week trial in July 2023.The judgment handed down in October 2023 had the most top-tier coverage out of any Commercial Courts ruling in 2023-2024(figure L).OPEN JUSTICE:A KEY FACILITATOR OF THE COURT OF PUBLIC OPINION655%Litigant(s)namedNo litigant(s)named86%K.%of articles that directly named at least one litigant in the headlineTop 25 UK news outletsReuters and Bloomberg Virgin Enterprises Ltd v Brightline Holdings LLCUnitel SA v Unitel International Holdings BV&Anor The Republic of Mozambique v Credit Suisse International&OrsPalladian Partners LP&Ors v The Republic of Argentina&Anor Navigator Equities Ltd&Anor v DeripaskaThe Federal Republic of Nigeria v Process&Industrial Developments LtdHulley Enterprises Ltd&Ors v The Russian Federation6533334L.Commercial Courts judgments that had the most top-tier coverage(articles in top 25 UK outlets,Reuters and Bloomberg combined)N.More court proceedings in England and Wales should be broadcast to the public AgreeDisagreedisputesportland-Increased public scrutiny and demand for open justice leaves litigants increasingly exposed Katie EmmsDirector at Portland Communications For the first time our report has looked at how the media covers judgments coming out of the London Commercial Courts,as well as the public perceptions of court reporting and the current levels of public access.Portlands in-house polling team found that the public wants to know more about what is happening in the courtroom,potentially exposing litigants to further scrutiny and reputational risk.Beyond the arguments for court reporting that centre around open justice and transparency our polling showed there is public appetite for news relating to commercial court judgments.A third(32%)of the public would read or watch media coverage of commercial court cases if they came across it,while 42%would maybeconsume it.Just under a tenth(9%)would actively seek out coverage of commercial court cases.This may come as a surprise.Cases in the commercial courts are traditionally considered to be drier than criminal trials.However,it appears that public interest in court processes and decision making across all English courts is on the rise.Last years decision to allow journalists and bloggers to have access to the family courts was welcomed by the public.However,the pilot will be undermined if reporting focuses on sensational and scandalous details of cases.While it is likely to drive readership,the purpose of opening the doors to media is to help increase public knowledge around how the court reaches its decisions.Our polling found that a majority(57%)agree that proceedings in the commercial court should be broadcast.Three fifths(59%)think more UK court proceedings in general should be broadcast to the public.If things continue to progress in this way litigants could find themselves increasingly in the public eye during proceedings.It will be interesting to see how the courts manage the competing demands of rights to privacy with open justice.It is hard to imagine litigants welcoming TV broadcasts of in-depth accounts of their private assets.Given the current levels of media coverage in commercial courts cases,it is essential that those using the courts accept that the process may result in news.Seventy six out of the 262 judgments handed down in the London Commercial Court were reported on in the media this year.We expect that this figure may be higher as some media may not have used the full judgment title,or litigant names,and we did not cover TV and radio coverage.It is important that litigants should consider their public perception and how to protect their reputation or leverage the attention.If journalists are well briefed and provided with legal documents(as allowed by the court)the risk of misreporting is reduced.When household brands or well-known individuals are in the courts,the need to come prepared with a litigation communications strategy is heightened.Unsurprisingly ourresearch has shown that the profile of litigants involved is one of the most significant drivers in whether a judgment received coverage.Sixty-five per cent of all headlines we analysed named either the claimant,defendant or both.Anecdotally court reporters also tend to cover higher value cases more closely.The language used in public statements around legal cases should also be carefully considered.What may be a good outcome in the courtroom can leave a different impression when seen by the public.Two fifths(40%)of the UK public think a company is guilty if they settle a lawsuit out of court.Providing media with the context around the settlement is critical.When household brands or well-known individuals are in the courts the need to come prepared with a litigation communications strategy is heightened.Portland Litigation and Disputes:Specialist advisory and strategic communications 11051015202530354045504941582736312nd3rd2nd2nd603rdSince 2018,there has been a sustained presence of Russian businesses,businesspeople and state entities using Londons Commercial Courts.This year,the number has drastically fallen.Just 27 Russian litigants appeared in the Commercial Courts this past year,less than half the number recorded in the previous year.They were the most common foreign nationality to use the Commercial Courts for two years running prior to this past year(figure O).Although the UK sanctions regime does not preclude designated entities from using the English courts,many international law firms have stopped operating in Russia or representing Russian clients.Portlands data can reveal that just 30%of Russian litigants had legal representation in the Commercial Courts this past year.This is in stark contrast to the previous year,where just over 70%were represented by a law firm.The 27 litigants recorded this past year constituted 10 individuals,13 companies,and four appearances from the Russian state or state entities.This was across a total of ten judgments.One judgment that attracted a large volume of media coverage was Hulley Enterprises Ltd&Ors v The Russian Federation.This involved former shareholders of Yukos Oil Company and the enforcement of two arbitral awards in their favour.Mrs Justice Cockerill held that Russia could not raise a jurisdictional challenge,and its application for state immunity should be dismissed.10CONTINUED PUBLIC SCEPTICISM OF RUSSIANS USING ENGLISH COURTS?Portlands polling reveals that a majority of the UK public(62%)remain supportive of law firms that have closed their offices in Russia since the beginning of the War in Ukraine.Just nine per cent have an outright unfavourable view of this.Despite this,when it comes to Russian usage of the English courts,public sentiment seems to be softening.Forty-one per cent believe it is negative that the English courts are being used by Russian litigants,a slight dip from last years finding that 51%thought it was negative.A similar figure(45%),would have a less favourable view of a law firm that provides legal services to Russian individuals or companies,also down from 51%the year before.A demographic breakdown of the responses can reveal a generational disparity in sentiment towards these issues:older age groups are considerably more likely to hold a negative view towards the English courts being used by,and law firms representing,Russian litigants.DRAMATIC DROP IN NUMBER OF RUSSIAN LITIGANTS USING LONDON COURTSO.Number of Russian litigants and top 10 ranking30%of Russian litigantshad legal representation in all Commercial Courts judgments this past year9th27A%P.Public opinion towards Russian litigants using the English courtsPositiveNegativeNeither positive nor negativeDont know17A%disputesportland-With the presence of 45 Swiss litigants in the London Commercial Courts this past year,Switzerland ranks this year as the fourth most common nationality(figure Q).This was the most Swiss litigants ever recorded in the Commercial Courts,as they increased in appearances by 73%and appeared across 24 different judgments from April 2023 to March 2024.Swiss litigants this past year constituted nine individuals and 39 companies.Regarding the sectors of these companies,15 were in banking and finance,seven in oil and energy,six in insurance(or reinsurance),three in agriculture,and one in shipping.Judgments involving lead Swiss litigants were facing-off against companies spanning six different continents.Opposing litigants were from a diverse array of countries including the BVI,the UAE,Curacao,Mozambique,Australia and Greece.In 72%of these judgments,the Swiss litigant was on the defendant side.There has been a strong presence of Swiss banks using the Commercial Courts in recent years.NOTABLE RISE IN SWISS LITIGANTS WITH A 73%SURGENO LUGANO,NO PROBLEM?Brexit and the UKs non-accession to the Lugano Convention was a cause for concern as to the attractiveness of English judgments in Switzerland,and other European Free Trade Association(EFTA)member states.No longer automatic,the recognition of judgments is now governed by the Federal Act on Private International Law(“PILA”),which has more scrutinous provisions for enforcement in the Swiss courts.12As the data shows however,this shift hasnt slowed the rate of Swiss litigants using the Londons Commercial Courts,despite the risks to the appeal of English judgments.Despite Switzerland signalling its consent for the UK to re-join the Lugano Convention,the EU Commission has blocked this.13 And although the recent signing of the Hague Convention was seen as a boost to future cross-border enforcement with Europe,an EFTA-sized hole in the regime remains.With the banking and finance sector seeing the highest volume of new High Court claims out of any sector in 2023,their continued presence in Commercial Courts judgments is unlikely to decrease.11 Judgments involving Swiss banks received some of the largest volumes of media attention out of all Commercial Courts cases.The September 2023 judgment in The Republic of Mozambique v Credit Suisse International and Ors,received coverage in the Independent,Bloomberg,Reuters and the FT,amongst others.This involved the President of Mozambiques successful claim for immunity in the tuna bonds case.On the claimant side also,Credit Suisse AGs successful claim to enforce the debt on a yacht loan was covered by media outlets across international(Reuters),UK national(the Times),and trade(L)press,among others(Credit Suisse AG v Burgundy Sea Ltd&Ors).Court hearings prior to the April 2023 judgment were also covered widely by press,with articles published by Bloomberg and the Daily Mail which highlighted the banks legal arguments.Q.Number of Swiss litigants and top 10 ranking051015202530354045501725264514198th 4th 4th608th 7th 11th Portland Litigation and Disputes:Specialist advisory and strategic communications 13Switzerland follows suit by introducing international commercial courtsStefanie PfistererPartner at Homburger Switzerlands presence in the London Commercial Courts has been remarkable.This may see a certain change with Switzerland introducing international commercial courts into its legal system,thus enabling the cantons especially Zurich,Geneva and Bern to introduce international commercial courts.Traditionally,Swiss parties have often used the London Commercial Courts to litigate their disputes.The main users are Swiss commodity traders,shipping companies and parties to international financing agreements,on the borrower and the lender side.This year,the number of Swiss litigants has gone up to 45,which means a stark increase from 26 litigants of last year.However,a newly adopted option for Swiss cantons to introduce international commercial courts may have an effect on the use of London Commercial Courts by Swiss litigants:On March 17,2023,the Swiss Parliament passed a revision to the Swiss Civil Procedure Code.A central point of the revision is that the Swiss cantons will be enabled to establish international commercial courts before which international commercial disputes can be resolved.If implemented by a given canton,international commercial courts will have jurisdiction if(1)the dispute concerns the commercial activity of at least one of the parties,(2)the amount in dispute is at least CHF 100,000,(3)the parties consent to the jurisdiction of the commercial court,and(4)at the time of this consent at least one of the parties is domiciled or has its A newly adopted option for Swiss cantons to introduce international commercial courts may have an effect on the use of London Commercial Courts by Swiss litigants.registered seat outside Switzerland.In such case,the chosen commercial court will have to accept jurisdiction.Cantonal legislation may also allow parties to agree on conducting the proceedings in English.In such case,any appeal against the courts decision to the Swiss Federal Supreme Court can also be made in English.The existing Swiss commercial courts are renowned for their specialist commercial expertise,drawn from a mix of full-time judges and judges with commercial backgrounds.It is expected that the international commercial courts will also have considerable specialist expertise.The international commercial courts in Switzerland will benefit from a strong position with regard to the recognition and enforcement of their decisions abroad:Since October 30,2007(entry into force on January 1,2011),Switzerland is a party to the revised Lugano Convention.On December 22,2023,the Swiss Parliament decided to ratify the Hague Convention on Choice of Court Agreements.The revision to the Swiss Civil Procedure Code will come into force on January 1,2025.Once in force,the cantons will be able to introduce cantonal legislation which is expected to take some time.So far,at least the cantons of Zurich,Geneva and Bern have expressed their interest in establishing international commercial courts.The existing Swiss commercial courts are renowned for their specialist commercial expertise,drawn from a mix of full-time judges and judges with commercial backgrounds.Kimberly AmreinAssociate at Homburgerdisputesportland-A grand total of 43 litigants from the UAE appeared in the London Commercial Courts this past year.This builds on the strong presence of UAE litigants found in last years Report which totalled 32,representing a significant increase from the 13 recorded in 2021 2022(as seen in figure R).Emirati litigants were recorded across 13 judgments,with 72%appearing as defendants in these cases.Six of these judgments involved Emiratis on both claimant and defendant sides.This was one of the most common nationality pairings across all judgments this year(as detailed on page 6)and was also a key trend seen in last years report.One notable judgment(Emirates NBD Bank PJSC v Almakhawi&Anor)involved all-Emirati litigants,including a former diplomat for the UAE.In this case,Justice David Edwards KC ruled that a Dubai Court judgment,in favour of Emirates NBD Bank PJSC,was enforceable in England and Wales,allowing the bank to recover the defendants UK assets.The decision signalled the potential for a future relationship of reciprocal enforcement between the UAE courts and England and Wales courts,building on a directive issued by the UAE Ministry of Justice in 2022,confirming that English judgments can be enforced by UAE courts.14The developing judicial relationship underscores the moves made by Abu Dhabi to strengthen its ties to the UK in recent years,as well as general efforts to assert itself in the global marketplace.15 This could partly explain how the use of the Commercial Courts by Emirati litigants has steadily increased over time.Although Gulf Cooperation Council(GCC)states have increased their global commercial presence over the past decade,Saudi Arabia and the UAE are the only GCC members to have increased their appearances in the Commercial Courts in the past year.The number of litigants appearing from Saudi Arabia has doubled in the past year to 14,whereas Oman,Kuwait,Qatar and Bahrain have either stagnated in appearances or have not appeared at all(figure S).R.Number of litigants from the UAE and their ranking051015202530354045139th326th2110th713th129th435th2018-20192019-20202020-20212021-20222022-20232023-2024LITIGANTS FROM THE UAE HIT RECORD HIGH FOR SECOND YEAR IN A ROW024681012141618OmanSaudi ArabiaQatarBahrainKuwaitS.Number of litigants from other GCC states appearing in the London Commercial CourtsPortland Litigation and Disputes:Specialist advisory and strategic communications 15Home and Away:UAE litigants continue to favour the English Courts-in the UK and the UAEAndrew Mackenzie Partner and Regional Head of Litigation,Arbitration and Regulatory for DLA Piper(Middle East)LLP The English Commercial Courts are thriving and continue to be the legal forum of choice for global business and individuals.This is illustrated both by an increase in the number of international litigants utilising Londons Commercial Courts and the continued application of English common law principles in global legal markets,such as Dubai and Abu Dhabi,in the UAE.According to the latest figures,the Commercial Courts continue to handle a significant caseload from abroad,with 64%of litigants in 2023-2024 not originating from the UK.There was also a 34%increase,from the previous year,in the number of UAE based litigants utilising the Courts.This is attributable to the fact that parties the world over continue to adopt English law as the governing law of their contracts and for the English Courts to resolve their disputes.The enduring appeal of English law and the English Courts can be attributed to the following key strengths:Consistency,Certainty,Predictability the global use of the English language in business transactions makes English law the market standard for many industries.The Commercial Court in London has a particularly strong reputation for handling complex international commercial disputes and its decisions offer a stable legal environment which is crucial for longer-term risk assessment.Clear Legal Principles binding precedents established over centuries in the English Courts provide clarity and guidance in interpreting and applying the law.For example,unlike in many Civil law jurisdictions(such as the UAE),there is no overarching duty of good faith within English law,which creates more certainty for parties in dispute.Remedies English law provides for equitable remedies such as worldwide freezing orders and temporary injunctions that may be necessary to protect the monetary focus of a dispute.The UAE has long recognised the appeal of English law and its Courts to international businesses.The Dubai International Finance Centre(“DIFC”)and the Abu Dhabi Global Market(“ADGM”)have gained international recognition as world-class financial centres.Both have flourished as international hubs for dispute resolution,arguably due to their adoption of a common law system based predominantly on English law(in the DIFCs case)or the adoption of English law wholesale(the approach favoured by the ADGM).Both have established specialised commercial courts,which apply legal and regulatory frameworks,based on principles of English common law and both jurisdictions allow parties to“opt in”and have their disputes settled by the Courts,no matter where the parties are based.In July 2023,the DIFC Courts recorded a 692%increase in case value in the first half of 2023,compared to the first six months of 2022.455 cases were filed with a total value of over USD 4 billion.Further,the UAE onshore Courts,the DIFC Courts and the ADGM Courts have each put in place mechanisms for the mutual recognition and enforcement of judgments and orders between them and the English Courts.We are seeing a number of entities with European headquarters litigate in England and have the judgments enforced in the UAE.Recognising the success of the DIFC and ADGM as top financial and business centres and with a view to further enhancing the ease of doing business in the UAE,the Dubai Government issued a press release confirming that it is exploring the expansion of English common law to all free zones within Dubai.The DIFC and the ADGM act as the gateways for commercial entities seeking to access the Middle East,Asia and other markets.Having a reliable,transparent,predictable and efficient legal system,which businesses can trust is at the core of that success.Expanding the use of English common law to other free zones will only enhance this trust and confidence in the region for global businesses.disputesportland-27Netherlands23Kazakhstan46 UAE18Iraq19Ireland21Japan16India17Indonesia24 Kenya25Malawi26Malaysia22Jordan44 Turks and Caicos Islands30 Pakistan31Papua New Guinea28 New Zealand29Nigeria39South Africa40 South Korea41Spain47 UK48 US49 Zambia43Tanzania45 Uganda12France14Germany15Ghana8Canada10China5Botswana6Brazil7Cameroon1Australia42Sri Lanka 37Singapore33Qatar35Saudi Arabia36Sierra Leone34 Rwanda32Philippines 20Jamaica13The Gambia11Eswatini9Cayman Islands2The Bahamas4Bermuda3Bahrain232737334615678101214151617181921222425262829303135363940414345474834234911132032424449Although the data demonstrates Londons position as a world leader for international dispute resolution,the past two decades has seen a global proliferation of international commercial courts in other jurisdictions.These courts offer specialised tribunals tailored to handle complex cross-border commercial disputes through an array of specific features designed to draw foreign investment.These include flexible procedural rules,multilingual court proceedings,and the recruitment of experienced foreign judges.Portland selected courts from five countries as key examples to analyse how the international commercial court market is progressing:Netherlands,Qatar,Kazakhstan,the UAE and Singapore.Each of these jurisdictions has a wide variety of features,underlying philosophies and years in operation.What they all share are significant signs of progress and innovation,culminating in an increasingly competitive global marketplace for London.Despite this,there is room for London,whose Commercial Courts have been operating since 1895,to learn from and cooperate with each emerging jurisdiction and other commercial courts around the world to further build on international best practice.T.GLOBAL COMMERCIAL COURTSCountries with member courts in the Standing Countries with member courts in the Standing International Forum for Commercial Courts(SIFoCC)International Forum for Commercial Courts(SIFoCC)Selected countries with specialised international Selected countries with specialised international commercial courts that are subject to later analysis commercial courts that are subject to later analysis 2EMERGING JURISDICTIONS:AN OVERVIEW OF INTERNATIONAL COMMERCIAL COURTSPortland Litigation and Disputes:Specialist advisory and strategic communications 17New international commercial courts play a central role in establishing successful commercial centresThe Rt Hon.the Lord Burnett of MaldonChief Justice of the AIFC Court and former Lord Chief Justice of England and WalesIn recent times international commercial courts have been created in countries where new commercial centres have been established to attract investment,including in Singapore,Hong Kong,Qatar,Dubai and Abu Dhabi.Other countries inherited common law systems including commercial law from the UK,including Australia,Canada,India,Malaysia,and New Zealand.These jurisdictions have systems of justice which are substantially based on the common law system of justice and designed to accord with the rule of law.The models of commercial dispute resolution in these jurisdictions were considered when deciding upon the model which should be adopted at the Astana International Financial Centre Court(AIFC Court)in Astana,the Republic of Kazakhstan,to which I was appointed as Chief Justice from 1 November 2023 following the retirement of the Chief Justice,The Rt.Hon.The Lord Mance,who succeeded the founder and first Chief Justice,The Rt.Hon.The Lord Woolf CH.The reason why countries are establishing courts similar to the AIFC Court is because it is being increasingly accepted by the leaders of those countries that the prospects of their new commercial centres are greatly increased if investors are satisfied that their centres are safe places in which to invest.International investors look to invest in jurisdictions which recognise and apply the rule of law.Any commercial decision outside an investors home jurisdiction involves risk.Investors know that from time to time disputes in business will arise and they may require assistance of a court to resolve them.They want to have the protection the rule of law provides.Risk is significantly reduced if courts exist which are unequivocally independent,compliant with the rule of law,operated by judges known internationally,and with familiar procedures.New international commercial courts play a central role in establishing successful commercial centres with all the facilities and international standards that investors expect such institutions to have.Similar to other courts,the AIFC Court has proven in little more than six years to significantly increase investment attractiveness in the Republic of Kazakhstan and the wider Central Asia region where at present there are no comparable courts.While the London Commercial Courts remain a popular and trusted venue for resolving commercial disputes between international parties and have been a source of inspiration,as well as judicial talent,for courts such as the AIFC Court,all Courts can usefully learn from each other by collaborating and sharing experience.The AIFC Court has proven to be a useful innovator both in terms of infrastructure and procedural efficiency,with digital technology and remote hearings,simplified procedural rules,and enforcement protocols,enabling it to quickly respond to the changing dispute resolution needs of its users.I welcome collaboration between all commercial courts and note the Standing International Forum of Commercial Courts(SIFoCC),which met recently in Doha,Qatar.Collaboration can assist courts to develop international best practice and enable international businesses to enjoy the significant benefits of world class dispute resolution from the comfort of their own locations.Collaboration can assist courts to develop international best practice and enable international businesses to enjoy the significant benefits of world class dispute resolutiondisputesportland-024681020192020202120222023JudgmentsOtherThe newest of the courts analysed in this section,the Netherlands Commercial Court(NCC),was introduced on 01 January 2019.It is situated within the Amsterdam District Court and Amsterdam Court of Appeal,leveraging the Netherlands strategic economic positioning and its reputation for high-quality judicial processes.Proceedings in the NCC are conducted entirely in English,including the pronouncement of judgments,making it distinct from other courts in the European Union.It issued its first ruling merely two months after opening its doors,and parties appearing before the courts have mainly been from common law jurisdictions(figure V).The NCC has dealt with 32 cases in its first five years.The upward trajectory peaked in 2023 with 15 new cases initiated(figure W).X.Annual number of judgments handed down by the Netherlands Commercial CourtThe NCC has demonstrably swift adjudication processes(as seen in figure U).Remarkably,the NCC Court in Summary Proceedings has delivered judgments in less than two weeks for the majority of the past five years.The international makeup of litigants at the NCC reflects a burgeoning global appeal-the Court has seen litigants from several continents.In 2023,there was a large uptick in cases involving EU27 litigants,including France.Growing in domestic popularity also,60%of Dutch of General Counsel said they would consider an NCC clause in their commercial contracts in a 2023 survey.16U.Length of case proceedings from 2019 to 2023Maximum 6 monthsMaximum 8 weeksMore than 12 monthsMaximum 12 monthsV.Top 6 litigants by nationality(2019 to 2023)16 LITIGANTSUNITED KINGDOM26 LITIGANTSUnited States35 LITIGANTSSwitzerland44 LITIGANTSFrance53 LITIGANTSHong Kong62 LITIGANTSRussia,Turkey,Greece,Slovenia,Ireland024681012141620192020202120222023NCC Court in Summary ProceedingsNCC District CourtNCC Court of AppealTotalW.Annual number of cases initiated in the Netherlands Commercial CourtThe Netherlands Commercial Court 262392461%Portland Litigation and Disputes:Specialist advisory and strategic communications 19The future of the Netherlands Commercial Court is promising Duco OranjePresident of the Netherlands Commercial Court of AppealThe caseload is on the rise and will continue to rise,as more and more lawyers consider the NCC to be a neutral forum that can efficiently and expertly deal with international commercial disputes.The Netherlands Commercial Court(NCC)is the international chamber of the Amsterdam District Court in Amsterdam and the international chamber of the Amsterdam Court of Appeal.The NCC started in 2019 and it received its first case within 2 months.The NCC is a part of the Dutch Judiciary which is consistently ranked among the most efficient and reliable worldwide.In the first four years,the majority of non-Dutch parties came from common law countries.Last year,we saw a rise in the number of EU litigants,which resulted in a 50/50 split in civil law countries and countries with a common law or mixed system.The majority of cases were resolved within 8 weeks.And almost all were dealt with within one year.This follows from the Courts active case management.A case is assigned to the judges at an early stage of the proceedings,usually within two weeks,and a case management conference is scheduled not much later.During such a management conference which may be held using videoconference-the Court will discuss a timetable for submissions and a date for the hearing.This results in a clear and swift path to a final hearing on the merits.A helpful tool in this respect is also our electronic portal for all communications.This offers the judges and the parties a 24/7 up-to-date view of the status of the case,and much faster communication than in paper file proceedings.We are still in a start-up period,but the number of cases initiated in the NCC is on the rise,with 15 cases in 2023.This is a modest caseload,but one must bear in mind that the NCC cases are initiated solely on the basis of active party choice.Dutch and foreign lawyers are reassuring us that NCC clauses are being included in agreements,even in contracts where there is no direct connection to the Netherlands.We may therefore expect a steady rise in the number of cases in the coming years.In addition,as of 1 March 2024,the default place of arbitration of the Netherlands Arbitration Institute(with a substantial international caseload)will be Amsterdam,which will also generate arbitration-related cases in the NCC.In the past five years the NCC dealt with a variety of cases:claims relating to M&A,financial agreements,clinical trial services,manufacturing and distribution agreements,as well as claims seeking restructuring of a companys debt.The judgments given by the NCC were well received,including,for instance,a judgment under English law,and a judgment in which the NCC introduced for the first time the“share the pain”approach when dealing with a dispute on modification of a contract due to COVID-19 circumstances.To sum up,the future of the NCC is promising.The caseload is on the rise and will continue to rise,as more and more lawyers consider the NCC to be a neutral forum that can efficiently and expertly deal with international commercial disputes.The second reason for the short duration of NCC proceedings is that the average time from the moment the judgment date was set until the judgment was rendered was no longer than 6 weeks,and for summary proceedings was no more than 2 weeks.The NCC is a part of the Dutch Judiciary which is consistently ranked among the most efficient and reliable worldwide.disputesportland-01020304050602017201820192020202120222023In line with the Qatar National Vision 2030,the Qatar International Court and Dispute Resolution Centre(QICDRC)was instituted in 2009 as part of efforts to diversify Qatars economy and attract foreign direct investment.17The QICDRC is comprised of the Qatar Financial Centre Regulatory(QFC)Tribunal,the Qatar International Court(QIC),as well as mediation and arbitration services.As seen in figure Y,the number of judgments handed down by the QIC increased significantly in 2023 compared to 2022,constituting 25%of all judgments issued since the Courts opening year.This growth in the QICs caseload has been driven by various developments,most notably the adoption of state-of-the-art technology and support from the Qatar government in expanding the courts domestic jurisdiction and international network.The QIC is populated by judges with significant expertise in a range of sectors,hailing from a multitude of jurisdictions,including Kuwait,Qatar,Cyprus,Singapore,New Zealand and South Africa.Though as figure Z shows,a majority of QIC judges are former High Court judges of England and Wales.This reflects the fact that the courts methods are largely based on the judicial system of England and Wales.18The Qatar International Court and Dispute Resolution CentreZ.Nationalities of QIC judges6 JUDGESUNITED KINGDOM2 JUDGESQATAR1 JUDGECYPRUS1 JUDGESOUTH AFRICA1 JUDGECHINA1 JUDGESINGAPORE1 JUDGEFRANCE1 JUDGENEW ZEALAND56JUDGMENTS HANDED DOWN IN 202356%INCREASE FROM 2022 (COURT OF FIRST INSTANCE)2009OPENING YEARFIRST JUDGMENT IN 201025%TOTAL JUDGMENTS ISSUED SINCE 2009 WERE IN 2023130SELOAD INCREASE IN 2023COMPARED TO 2022Court of First Instance Appellate DivisionRegulatory Tribunal Y.Annual number of judgments handed down by the QIC4311343135023433175367356134Portland Litigation and Disputes:Specialist advisory and strategic communications 21An overview of the Qatar International Court and Dispute Resolution Centre Faisal Rashid Al-SahoutiCEO,the Qatar International Court and Dispute Resolution CentreThe Qatar International Court and Dispute Resolution Centre,comprising the Qatar Financial Centre(QFC)Civil and Commercial Court(the Court),Regulatory Tribunal(the Regulatory Tribunal),and arbitration services,was established by the QFC Law No.7 of 2005.The QFC was set up as a special economic zone that provides favourable business conditions designed to attract investment into the State of Qatar.Those conditions include a favourable tax regime,an ownership structure that allows a company to be 100%foreign-owned,a full repatriation of profits,and a set of laws based on international best practice that will be familiar to international investors.To date,well in excess of 1,500 firms have registered with the QFC.Part of the significant attraction to the QFC is that the Court and Regulatory Tribunal are the default bodies to which disputes from the QFC do go(latterly,the QICDRC also became the default forum for various matters coming from the Qatar Free Zones).The QICDRC provides a truly exceptional,world class service.The Court is led by its President,Lord Thomas of Cwmgiedd,former Lord Chief Justice of England and Wales(LCJ;indeed,all former Presidents have held the LCJ position),and the Regulatory Tribunal is led by Sir William Blair.The QICDRC boasts 18 Judges from 12 jurisdictions uniquely covering the common law tradition,the civil law tradition,and regional law traditions through our Qatari Judges.The Judges are a combination either of senior retired Judges or eminent practitioners/academics.The QICDRC prides itself on the high quality,cost effective,and efficient service that it provides to all court users,with transparency,access to justice and the rule of law at its core.The QICDRCs reputation is evidenced by a 130%increase in cases filed in 2023 compared to 2022.All of the proceedings at the QICDRC save for where they must be private e.g.arbitration-related cases are livestreamed on the Courts website.The QICDRC is dual language and therefore parties are free to plead either in Arabic or in English,with free simultaneous translation between the two languages provided.The QICDRC provides a truly exceptional,world class service.All judgments are published simultaneously in English and Arabic and are published on the website shortly after hearings.The QICDRC further ensures transparency in a variety of ways,including through a Practice Direction on access to documents which allows non-parties to apply to obtain pleadings in cases.The QICDRC,also uniquely,does not charge any court fees of any nature,and this coupled with a very successful pro bono scheme,helps ensure that access to justice is as wide as possible and that funds are no bar to parties securing their rights.QICDRCs international profile is also high and continues to increase.By way of example,it hosted the 5thFull Meeting of the Standing International Forum of Commercial Courts(SIFoCC),which entailed welcoming over 170 judges from 56 jurisdictions to Qatar in April 2024,including around 25 Chief Justices/Presidents of Courts.Other attendees included the Minister of Justice and Chief Justice of the State of Qatar,and various Ambassadors.The event was a resounding success and has resulted in further strong partnerships around the world,building on the outreach work conducted by the QICDRC in Shanghai,Hong Kong,London and Paris in 2023.The QICDRC prides itself on the high quality,cost effective,and efficient service that it provides to all court usersdisputesportland-604LAWYERSFROM 34 JURISDICTIONSThe Astana International Financial Centre(AIFC)acts as a key financial hub in its region and has attracted over$10 billion of investment in Kazakhstan since its opening in 2018.With exclusive jurisdiction to resolve civil and commercial disputes in the AIFC,the AIFC Court has significantly increased in activity every year since its inception.The number of judgments handed down in 2023 was almost double the amount given in 2022(as shown in figure AA).The Astana International Financial Centre97.7%OF CASESINVOLVE PARTIES WITH BUSINESS IN KAZAKHSTAN$330mHIGHEST VALUE CLAIMEDAS OF JUNE 202348%OF CASESINVOLVED A FOREIGN PARTY102AIFC COURT JUDGMENTS HANDED DOWN AS OF JANUARY 20242412CASES RESOLVEDACROSS ALL TRIBUNALS498ARBITRATION AWARDS ENFORCEDAS OF JANUARY 2024 1812MEDIATION SETTLEMENTSAS OF JANUARY 202423NATIONALITIESAPPEARING ACROSS ALL CASESAS OF JUNE 2023THE AIFC COURT IN NUMBERS:39%INCREASEIN AIFC PARTICIPANTS IN 2023 COMPARED TO 2022$2.6bTOTAL INVESTMENT ATTRACTED VIA AIFC ECOSYSTEM IN 2023781NEW JOBS CREATEDBY AIFC PARTICIPANTS IN 2023964COMPANIESINVOLVE FOREIGN INVESTORS$10.5bTOTAL INVESTMENT ATTRACTED VIA AIFC ECOOSYTEM SINCE 20182394COMPANIESREGISTERED TO AIFCFROM 78 COUNTRIESTHE ASTANA INTERNATIONAL FINANCIAL CENTRE IN NUMBERS(AS OF DECEMBER 2023):9COURT JUSTICESORIGNATING FROM ENGLAND AND WALES010203040506020192020202120222023AA.Annual number of judgments handed down by the AIFC Court18122750The Court sits independently from Kazakhstans domestic judicial system,with its own procedural rules that are modelled on English common law procedures.It has a judiciary drawn entirely from England and Wales,with 9 justices(including the Chief Justice)that possess broad experience across civil and commercial disputes.As of January 2024,the AIFC Court and IAC have handled 2,412 cases,including 102 court judgments,498 arbitration awards and 1,812 mediation settlements.The impressive growth of the Courts caseload reflects the large annual increase in AIFC-registered companies,with 28%of total participants registering in 2023 alone.Over 600 lawyers have now obtained rights of audience in the AIFC Court,from 34 jurisdictions this includes 377 from Kazakhstan,93 from England and Wales,16 from Russia,14 from Hong Kong and 14 from the US.20 AIFC courtrooms are also accessible in other countries such as Armenia,Azerbaijan,Georgia,Kyrgyzstan,Tajikistan,Turkey,Turkmenistan and Uzbekistan.Portland Litigation and Disputes:Specialist advisory and strategic communications 23The AIFC Court leads the way in international commercial dispute resolution in EurasiaChris Campbell-HoltRegistrar and Chief Executive,AIFC CourtThe AIFC Court commenced operations on 1 January 2018.It is led by The Rt.Hon.Lord Burnett of Maldon,former Lord Chief Justice of England and Wales,and ten judges who understand the commercial world and are amongst the most experienced and distinguished judges from the common law system with global reputations for absolute independence and impartiality.Previous Chief Justices were The Rt.Hon.The Lord Woolf CH,the Courts founder,and The Rt.Hon.The Lord Mance,former Deputy President of the UK Supreme Court.The Court is supported by international standard administration.The Courts independence is guaranteed in statute.The Court has given 118 judgments involving a broad range of commercial disputes including contracts,banking and finance,construction and property.It has supported the AIFC International Arbitration Centre(IAC),guided by the principle of non-intervention with limited supervision in IAC arbitration cases and recognition and enforcement of IAC arbitration awards.Its judgments are final.Any law can apply with the consent of the parties in a given case.The procedural rules are flexible and include all the innovations of other commercial courts to avoid unnecessary complexity,delay,and costs.All judgments have been enforced to 100%satisfaction of the parties,including all judgments given against the Kazakhstan state.Arrangements are in place for international enforcement.Claim values have exceeded USD 1 billion.Applicable law has been the Astana International Financial Centre law,modelled on English common law and international best practice,and Kazakh law.More than 600 lawyers from 30 countries have rights of audience.The Court has been the“deal breaker”in final decisions to invest in Kazakhstan.The Courts international standard premises are headquartered in Astana,the Kazakhstan capital,and in eight additional countries in Eurasia that are key trading partners with Kazakhstan.New premises will be launched in Beijing to meet the needs of the Courts Chinese users.All of the premises have international standard meeting and conference rooms,hearing rooms,and office facilities,and access to innovative digital technology to assist with timely and cost effective case management.eJustice provides immediate 24/7 electronic access to all documents to the parties and judges in a case.Video hearings happen when a judge decides that an in-person hearing is not necessary or appropriate.New AI assisted transcription for hearings will be launched in English and Russian languages.The Court has been recognised by global investors as the preferred court for international commercial disputes in Eurasia,competing with the very best courts in the UK and elsewhere,and has been included in more than 10,000 business contracts as the court of first choice.The Court has been the“deal breaker”in final decisions to invest in Kazakhstan.It is“truly international not only because there are disputes which are international but also because Parties come from all over the world”.It is“a very good alternative to London”.It has“first class,cutting edge facilities,with a robust legal framework,supported by judges and a management team that delivers a service on which users can rely,specific to their needs”.The Court has been recognised by global investors as the preferred court for international commercial disputes in Eurasiadisputesportland-Similar to its counterparts in Astana and Qatar,the Dubai International Financial Centre(DIFC)Courts act as a jurisdictional carve-out separate from UAE domestic law,operating under English common law.The DIFC Courts have seen an impressive amount of growth since beginning operations in 2006.In 2023,there were 958 cases heard across all divisions(figure AB),a record number for the Courts.In the Court of First Instance alone,there were 111 cases recorded in 2023 which had a total value of 3.57 billion.21The Dubai International Financial Centre020040060080010001200AB.Annual number of cases handled across all DIFC divisions15 JUDGESJUDGESUNITED ARAB EMIRATES25 JUDGESJUDGESUNITED KINGDOM33 JUDGESJUDGESAUSTRALIA41 JUDGEJUDGEMALAYSIAAC.Nationalities of DIFC Court judges 895REGISTERED LAWYERS10COOPERATION AGREEMENTS SIGNED WITH OVERSEAS COURTS39%EMPLOYEES ARE UAE NATIONALS187REGISTERED LAW FIRMS100%ORDERS AND JUDGMENTSISSUED IN DIGITAL FORMAT 32OVERSEAS COURTSWHERE DIFC JUDGMENTS ARE ENFORCEABLETHE DIFC IN NUMBERS:49.1mAVERAGE CASE VALUE IN COURT OF FIRST INSTANCE3.57bTOTAL CASE VALUE IN COURT OF FIRST INSTANCE111CASESIN COURT OF FIRST INSTANCE6.3mAVERAGE CASE VALUE ACROSS ALL DIVISIONSTHE DIFC COURTS IN 2023:325ENFORCEMENT CLAIMS FILED205m AVERAGE CASE VALUE IN ARBITRATION DIVISIONAs of December 2023,there are 187 law firms registered at the Courts,a 55%increase since 2017,and 895 individually registered practitioners.22 The Courts have enforcement treaties in place with 11 countries in the region and 16 other courts globally.Memorandums of enforcement have been signed with the UK,Australia,Kenya,France and China,among others.The DIFC Courts has cemented itself as one of the most forward-thinking courts in the world.Entire proceedings,including;inter alia,submitting pleadings,conduct of the court hearing sessions,and investigations,can be carried out through virtual portals.In 2023,the Digital Economy Court was opened to hear claims relating fintech,AI,big data,e-commerce and blockchains.23 This is the first division of its kind,and one example of how the DIFC is preparing for disputes of the future.Portland Litigation and Disputes:Specialist advisory and strategic communications 2525Cultivating a courts system for the futureH.E.Justice Omar Al MheiriDirector,Dubai International Financial Centre(DIFC)CourtsIn a world that is more globalised and connected than ever,one element still dictates the success of commerce trust and the ability to trade securely with business certainty.We are seeing the transnational movement of goods and services across the world through hundreds and thousands of different companies.Inevitably this sustained flow of commerce will attract disputes.When resolving cross-border disputes,will corporations prefer arbitration,particularly in conjunction with Alternative Dispute Resolution(ADR)mechanisms,with a streamlined stepped approach;or will concerns regarding the legitimacy of local or global enforcement cause further doubt on litigation proceedings?Looking at global legal infrastructures,it becomes apparent that the challenges for commercial dispute resolution run much deeper than superficial procedural obstacles.Professor Gillian K.Hadfield Professor of Economics at the University of Southern California(USC),published a book,entitled Rules for a Flat World,addressing this issue.She states in her book:“Our existing systems for developing the rules and legal practices we need to manage the galloping progress of the global digital economy are drowning in cost and complexitythe legal systems we have are failing ever more regularly to do what law is supposed to do:make it easier for people to work together and make life for all better,not worse.”Dispute resolution needs to be more about providing a service helping people resolve problems they cant work out themselves.Adopting user-friendly procedures,reinforcing the overall courts experience is crucial as a stepping stone to building trust.Effective and less-expensive access to dispute resolution procedures and regulatory systems need to work in tandem with governments that ensure the rule of law is being honoured.There is discussion in recent times of artificial intelligence and how it can revolutionise the legal sector.At a very practical level,some dispute resolution centres are failing to even introduce intelligent automation.It has caused many courts around the world to lag behind in solving disputes,including arbitration,mediation,or private sector resolutions.There are endless opportunities for increased service to the public,even in moments of apparent global crisis.Recognising these opportunities to further assist communities,whether individuals,SMEs,or large multi-national businesses,requires constant collaboration,innovative discussion,and the nimbleness for rapid execution.If we look to the long-term future challenges for commercial dispute resolution;what will be the challenges in 20,30,or 40-years time?What law and mechanisms will dispute resolution services need to adopt,in order to keep pace?Are the necessary laws in place to allow secure innovation?How do you resolve disputes in the global 3D printing technology supply chain?The same goes for all the emerging technologies of recent years,from autonomous cars and drones,through to artificial intelligence and blockchain.In an era of significant technological disruption,this process becomes ever faster and more dynamic.This prompted the DIFC Courts,to think ahead.If new technologies are creating challenges for regulators,what will the impact be on the court systems that will resolve the commercial disputes that inevitably arise?So,the obvious question is:what will the courts of the future look like?We can already say with some certainty that technology will enable them to bridge barriers of language,borders,jurisdiction,and currency.Future research will combine expertise and resources to investigate handling disputes arising out of private and public blockchains,with regulation and contractual terms encoded within the smart contract.To deal with such future economy disputes,the DIFC Courts set up the Digital Economy Court Division with specialised Rules in 2021,aimed at simplifying the resolution of complex civil and commercial disputes related to the digital economy.In 2022,we issued a judgment in one of the first cryptocurrency litigation disputes in the region and one of the few reported cases anywhere in the world,which addressed issues such as the safe transfer of cryptocurrency between buyer and seller and the obligations owed by a custodian of cryptocurrency.This case gave rise to various other interesting questions such as the nature of Bitcoins,i.e.,whether cryptocurrencies are considered commodities,currencies,properties,or something entirely different,and the appropriate time to value Bitcoins.When something truly innovative hits the market,new legal questions around liability and applicable laws and regulations are posed.In response,regulators and policymakers set to work to ensure the necessary legal framework is in place to protect both people and businesses.Finally,court systems step in to resolve new types of cases and disputes.disputesportland-From its founding,the Singapore International Commercial Court(SICC)has been identified as a competitor to the London Commercial Courts,as stated in a 2015 UK Ministry of Justice report.24The data collected supports that assessment,as the number of judgments handed down in the SICC reached record highs in 2023(figure AD).Unlike the courts previously analysed,a key feature of the SICC is its strong links to its domestic judicial system and government.The SICC is a subdivision of the Singapore High Court,which is part of the Supreme Court of Singapore,though there is no requirement for cases to have any connection with Singapore.The judicial profile is arguably more diverse than other international commercial courts,drawing expertise from a range of common and civil law jurisdictions(figure AE).In 2021,the SICC established the Technology,Infrastructure and Construction(TIC)List to deal with technically complex issues such as engineering or building disputes.Cases are heard by specialist judges,with unique case management features adopted from arbitration best practices.25 The SICCs proven track record was underscored in a groundbreaking treaty with Bahrain in March 2024 to create a Bahrain International Commercial Court(BICC).This would be modelled on the SICC,as well as allow appeals from BICC judgments to be heard from SICC judges.26 115 JUDGESJUDGESSINGAPORE27 JUDGESJUDGESUNITED KINGDOM35 JUDGESJUDGESAUSTRALIA43 JUDGESJUDGESUNITED STATES51 JUDGEJUDGECHINA,JAPAN,FRANCE,HONG KONG,INDIA,CANADAAE.Nationalities of SICC judges(First Instance Bench and Appellate Bench)AD.Number of judgments handed down by the SICC 05101520253035AF.Top 5 litigants by nationality(SICC judgments handed down in 2023)123 LITIGANTSLITIGANTSSINGAPORE215 LITIGANTSLITIGANTSGEORGIA38 LITIGANTSLITIGANTSSOUTH KOREA46 LITIGANTSLITIGANTSINDIA54 LITIGANTSLITIGANTSGERMANY,HONG KONG,INDONESIA52%LITIGANTSBASED IN ASIA24:76 SPLITSINGAPOREAN:INTERNATIONAL LITIGANTS20 DIFFERENT NATIONALITIES OF LITIGANTS PARTY TO JUDGMENTSSICC JUDGMENTS IN 2023:16JUDGMENTSWERE ARBITRATION-RELATEDThe Singapore International Commercial Court Portland Litigation and Disputes:Specialist advisory and strategic communications 27Singapore:the preferred forum to resolve international commercial disputes The Singapore International Commercial Court(SICC)was established in January 2015 to serve as a neutral forum to resolve international commercial disputes.Now approaching its tenth anniversary,it has gone from strength to strength,with more judgments issued in 2023 than the total number of judgments issued from 2016 to 2019,and about three-quarters of litigants hailing from outside of Singapore.These figures confirm the growing importance of Singapore as an international dispute resolution hub,particularly in the Asia-Pacific region,and the SICCs increasing international appeal.A key feature of the SICC is its panel of international judges from both civil law and common law traditions.These international judges hear cases together with Singaporean judges at the SICC,bringing to bear their experience in adjudicating complex or technical commercial disputes.There are currently 21 international judges on the SICC from nine jurisdictions.Most of them have decades of experience in commercial law,with some having particular expertise in specialist areas such as arbitration and insolvency.One-third are former chief justices of state,federal and national courts in their home jurisdictions.This prestigious line-up increases the SICCs attractiveness as the forum of choice for transnational disputes in general,and as a centre for cross-border insolvencies and restructurings and international arbitration in particular.In 2023,nearly half of the SICCs judgments were arbitration-related;in January 2024,the SICC issued its first insolvency-related judgment,granting recognition to an Indonesian airlines Indonesian restructuring.The SICC has other features that reflect its internationalised nature.For instance,foreign lawyers may represent parties in certain circumstances,such as in so-called“offshore cases”with no substantial connection to Singapore,provided that they are registered with the SICC.As of 29 February 2024,there are more than 100 registered foreign lawyers from twenty countries.Litigants before the SICC may also agree or apply to the SICC:(i)to apply alternative rules of evidence instead of Singapores laws of evidence;(ii)for the proceedings to be confidential;and(iii)to exclude or limit the right to appeal the SICCs decisions.These features signal to the international business community that the SICC can resolve their disputes flexibly and efficiently.Since its establishment,the SICC has continued to innovate,taking inspiration from the best features of other forms of dispute resolution.For example,the SICC and the Singapore International Mediation Centre(SIMC)established a litigation-mediation-litigation protocol,which took effect from January 2023.This protocol sets forth the procedure under which cases commenced in the SICC may be referred to mediation at the SIMC and provides for the SICC proceedings to continue or be terminated upon the conclusion of the mediation.This protocol allows litigants to take advantage of both the benefits of mediation and the enforceability of an international commercial court order.More recently,in March 2024,the governments of Singapore and Bahrain signed a treaty to establish a new Bahrain International Commercial Court in Bahrain,from which cases may be appealed to the SICC.This development offers parties another option in their dispute resolution toolkit,and provides opportunities for the Singapore and Bahrain judiciaries to develop international commercial jurisprudence.As Singapore positions itself as an international dispute resolution hub and also as a global hub for business,it is expected that the size of the SICCs docket will only grow over time.Jennifer Lim Partner at Sidley Austin LLP the SICC has continued to innovate,taking inspiration from the best features of other forms of dispute resolution.disputesportland-28Each year,Portland conducts national polling of UK residents to track public sentiment on a range of topics in the global legal sector.Insights can reinforce legal strategies,as well as mitigate the reputational and commercial impacts of litigation.Portlands exclusive polling of a nationally representative sample of 2,000 adults reveals that the UK public continue to support lawsuits that hold governments and businesses to account over their ESG practices.Despite decreasing by 21 percentage points from last year,56%of respondents believe the recent rise in lawsuits over contributions to climate change is a positive development.A larger majority(75%)also view positively the recent increase in lawsuits related to greenwashing.The prospect of litigation presents businesses with clear commercial and reputational risks.Incoming ESG-related disclosure obligations and regulatory enforcement powers in the UK could increase the chances of legal action and the need for businesses to think ahead.27 Portlands polling shows 60%of the public would view a company more negatively if they were subject to lawsuit around greenwashing.The public are also strongly in favour(62%)of shareholders being able to sue companies over their ESG policies.And when asked about environmentally harmful actions of a subsidiary company,44lieve that parent companies should always be held liable.Despite this support,a large proportion(46%)still believe law firms should provide services to companies whose activities harm the environment,compared to 33%who believe they should not.This year,Portland analysed public perceptions on topics such as Environmental,Social and Governance(ESG)litigation,the role of Artificial Intelligence(AI)in the legal industry,and out-of-court settlements.Public majority supportive of ESG lawsuits 0 0P 24 Total202320242023AI.Actions the public would consider taking to hold companies to account for not limiting their contributions to climate changeAH.%of people who believe that shareholders should be able to take legal action to require companies to limit their environmental impact19b%NoYesDont know19%NATIONAL POLLING ON GLOBAL LEGAL TRENDS38%AG.Public opinion towards the increase in companies being sued over greenwashing issues 17u%NegativePositiveDont know8%Portland Litigation and Disputes:Specialist advisory and strategic communications 29The convergence of public opinion,directors duties,and nature risk:a new era for corporate governance James CameronSenior Advisor at Pollination Group and experienced board memberThea PhilipAssociate Director at Pollination GroupThe findings in this report show that a significant majority of the UK public supports legal action to enforce corporate environmental accountability and are another sign that societys expectations of corporate behaviour have changed.This relates to recent developments regarding directors duties and nature risk under UK company law.More than ever,it makes sense for companies to align with net zero and nature positive ambition.In the UK,damage to nature could lead to a 12onomic hit by the 2030s,equal to wiping up to 300 billion off GDP.Nature loss poses systemic risks to financial and natural systems,in addition to firm-level risks.These can arise from changes to the physical environment and legal,policy,and market conditions.Think flood risk,heat and water stress,crop failure,disease,asset depreciation,price volatility,insured losses,regulatory changes,etc.62%of the UK public supports shareholders taking legal action to require companies to reduce their environmental impact.Changes in societal,industry,and regulatory expectations mean that the law can be freshly interpreted.For example,in March 2024,a team of corporate and financial law barristers(led by Sharif Shivji KC and Rebecca Stubbs KC,supported by Karl Anderson,Hossein Sharafi,and environmental law expert James Burton)released a public-facing legal opinionconcluding that UK directors should have regard to relevant nature risks when discharging their company law duties.Commissioned by Pollination Law and the Commonwealth Climate and Law Initiative,the opinion confirms that nature risks(including climate risks)are like any other business risks and should be addressed by directors accordingly.The opinion notes that the recent shareholder action in ClientEarth v Shell should not be read as a general bar to future derivative claims concerning nature risk and that another judge could have decided the case differently.75%of the UK public think the increase in companies being sued over greenwashing is a positive development.The legal opinion states that directors who greenwash their company are likely to expose the company to latent financial risks arising from unaddressed nature-related impacts and dependencies,potential shareholder and investor claims(including for deceit),and reputational risk.With continued growth in greenwashing litigation,companies and directors should consider this closely.The polling data and the opinion reflect the growing scientific,commercial,and legal understanding that a thriving natural world underpins global economic resilience.But what about the opportunity?Companies transitioning their business models toward net zero,nature positive will not only mitigate risk,but can also seize upside potential where lower risk can reduce cost of capital and increase supply chain resilience,operational efficiencies,and access to new products and customers.Directors and decision-makers would be wise to establish processes for routine assessment,management,disclosure,and documentation of these risks and opportunities.Boards should consider whether current directors are capable of seeking and acting on the specialist advice required or if a refreshed composition is required.Appointing a new director could be appropriate or tasking an existing director,perhaps the risk committee chair,to own the topic.There are outstanding questions around corporate purpose and whether company law reform is required to create enterprises with better capacity to solve public goods problems.However,within the bounds of existing company law,this polling shows alignment between the public(themselves consumers and,occasionally,shareholders)and the legal system,which expect more from companies beyond short-term profit maximisation.Directors need to understand that their obligations extend to creating longer-term value for investors and business resilience in the face of global ecosystem stress.disputesportland-33%would view lawyers who use AI to conduct research in a case less favourably 44%would view lawyers who use AI to write legal arguments for their client less favourablyPortlands polling sheds light on public perceptions around the role of Artificial Intelligence(AI)in the legal sector.The findings indicate a cautious public stance towards its use by both lawyers and judges,though sentiments change according to the specific task.The public remain largely sceptical as to the use of AI by judges in England and Wales.Just over half(52%)of respondents would have a less favourable view towards a judge if they used AI to help them write a ruling for a legal case.Respondents were less cautious towards judges using AI for general research.Forty-four per centsaid they would view a judge less favourably if they had used AI to provide written summaries for an area of law they are unfamiliar with.Mirroring public sentiment,the English judiciary has been taking a cautious approach to the application of AI in the courts.Guidance issued by the Courts and Tribunals Judiciary in December2023 outlined responsible use of AI by judicial office holders,acknowledging both its potential and limitations.It specifically warned against judges relying on AI tools such as chatbots,which do not provide answers from authoritative databases.28 In a notable case last year,Court of Appeal judge,Lord Justice Birss,said he had used ChatGPT to help him draft a portion of a case ruling.He found the AI tools output to be helpful and acceptable with its answers.This was the first known use of ChatGPT by an English judge to write a judgment.29 In a recent speech,Lord Birss said that“AI used properly has the potential to enhance the work of lawyers and judges enormously”.30Master of the Rolls Geoffrey Vos,similarly expressed in December that“judges do not need to shun the careful use of AI,but they must ensure that they protect confidence and take full personal responsibility for everything they produce.”31Relative to judges,the public are slightly less sceptical of lawyers using AI,though this is still dependent on the task in question.When it comes to lawyers using AI to conduct research for a case,33%of the public would view this negatively.A larger portion of the public(38%)would view it neither positively nor negatively.AI technology is already being used in a small-scale manner in most leading law firms.A 2023 Lexis Nexis report revealed that 66%of UK lawyers said they had used AI for their research.32The public are more sceptical towards lawyers using AI when writing legal arguments for a case.Almost half(44%)of respondents said they would view lawyers less favourably,and a portion(30%)would view them neither favourably nor unfavourably.AI being used to this extent is slowly being tested at law firms.The offices of CMS held a mock arbitration in December 2023 which tested generative AIs ability to formulate written submissions.Whilst the systems were able to generate legal arguments in seconds,there were clear limitations seen,including the ability to anticipate the outcome of the case.33Public opinion is sceptical of AIs role in the legal industry,as its use by practitioners grows 44%would view judges who use AI to provide summaries for an area of law they are unfamiliar with less favourably52%would view judges who use AI to write rulings for a legal case less favourablySNAPSHOT:Solicitors Regulation Authoritys Risk Outlook report:The use of AI in the legal marketThree quarters of the largest solicitors firms were using AI,nearly twice the number from just three years ago.Over 60%of large law firms were at least exploring the potential of the new generative systems,as were a third of small firms.SRA regulation“focuses on the outcomes firms actions produce,not necessarily the tools they use to reach them”.Portland Litigation and Disputes:Specialist advisory and strategic communications 31AI in the legal profession:early steps in an important journeyMinesh TannaPartner and Global AI Lead at Simmons&Simmons LLPCurrent UK public opinion reveals a level of scepticism and perhaps slight distrust about the use of AI in the legal profession.This is perhaps unsurprising given that AI,let alone AI in the legal industry,is still in its infancy.This scepticism is,however,likely to be short-lived.Many will have shared the same scepticism and distrust of airplanes when they were first offered for mainstream travel.Nowadays,despite not understanding how airplanes remain airborne,most people use air travel,and they trust planes.Why?Most likely due to a comprehensive track record of safety in air travel and widespread regulation,of both planes and those handling planes.Neither of those features is currently present in the world of AI.But,as AI regulation slowly but surely appears over the horizon,and as a society we become more familiar with using AI tools,our trust of AI will increase,and our scepticism will decrease,including in the legal profession.The legal industry is,after all,ripe for AI adoption.Legal services are traditionally document-heavy,manual and expensive.AI(especially generative AI)therefore has a significant role to play,engendering as it inevitably will significant efficiencies,to the benefit of both providers and users of legal services.Significant competition in the legal industry will also push law firms to innovate at speed to realise these efficiencies and seek a competitive advantage.As AI becomes increasingly powerful and accurate,users will not only favour the use of AI by their lawyers,but they will come to expect it.Why would clients pay for hours of lawyer-led legal research,when an AI tool is likely to arrive at a similar answer,in a fraction of the time and at a much lower cost?The use of AI in the judiciary is a more sensitive issue,as the current opinion polls suggest.Judicial decision-making has a significant impact on corporations but,especially,on individuals.The deprivation of a persons liberty is not a decision that can be taken lightly.Entrusting this power to AI is,at least currently,bound to be met with scepticism.For the foreseeable future,this attitude is unlikely to change and,indeed,judges themselves are unlikely to feel comfortable in delegating judicial decision-making to an AI system.But AI still has an important role to play in the broader judicial process.AI can make judicial processes much simpler and accessible.It can review and analyse evidence far quicker and more accurately than humans.And AI can provide support to judges,without negatively impacting or usurping their ultimate role as arbiter of a case.In many jurisdictions where obtaining judicial redress is a lengthy and costly process,AI can therefore significantly improve access to justice and enhance the rule of law.When deployed safely and responsibly,AI has a significant role to play,even in the legal industry where truth and accuracy are paramount.We are at an early stage for the use of AI in the legal profession,but the journey seems inevitable.When deployed safely and responsibly,AI has a significant role to play,even in the legal industry where truth and accuracy are paramount.As AI becomes increasingly powerful and accurate,users will not only favour the use of AI by their lawyers,but they will come to expect it.disputesportland-Ned Beale Partner at HausfeldWe have seen a judicial trend of using costs to promote ADR and settlement observed in last years Court of Appeals judgment Churchill v Merthyr Tydfil County Borough Council which is not without its dangers.Deploying costs punitively will inevitably put more pressure on the weaker resourced party.Also,whilst most Commercial Court claims are monetary,litigation can deal with fundamental matters that go beyond the financial,involving fundamental questions of accountability.Hence Mr Grants disquiet at his successful financial settlement.Of course,settlements can be accompanied by admissions of liability and offers of compensation.However,another trend has been the problems observed in redress schemes established after admissions,including the Horizon scheme operated by the Post Office and the schemes implemented by Lloyds Bank to deal with the HBoS Reading Fraud.Victims are finding that perpetrators devising their own schemes to deliver compensation in some cases operated by the same lawyers who defended the original claims can mean that outcomes do not favour victims.With significant numbers of mass consumer claims now underway before the Courts,it will be interesting to see how both claimants and defendants will navigate the settlement discussions which are likely to ensue.Out-of-court settlements:the publics responseTwo fifths(40%)of the UK public think a company is guilty if they settle a lawsuit out of court.Less than a fifth(19%)think they are not guilty,whilst 41%are unsure,or neither guilty nor innocent.Settlements are very much in the public eye,from the furore over the compensation that sub-postmasters received compared to their own legal costs and those of the Post Office,to Hugh Grant complaining that CPR Part 36 forced him to accept an“enormous sum”to settle his phone hacking claim.Litigators know that settlement is fact of life,given inherent litigation risk and how the court rules incentivize settlement.With the polling data showing that 40%of the UK believe a company is guilty if they settle out of court,the public seems to view settlement more pejoratively.Given the advantages of early settlement to both claimants and defendants,this public perception is unhelpful.If court proceedings receive increased publicity,as the polling data suggests the public would support,it may be worth also publicising why settlements can benefit both sides.Absent first-hand experience,both businesses and individuals tend to underestimate the burden of litigation.That burden includes own party costs and adverse costs risks,length the process may take(especially when appeals are involved)the opportunity cost and often forgotten the psychological impact.Efficiencies e of those factors,but ultimately settlement is the most effective way of avoiding them.AJ.Do the public think a company is guilty if they settle a lawsuit out of court?YesNoNeither guilty nor innocentUnsure19%If court proceedings receive increased publicity,as the polling data suggests the public would support,it may be worth also publicising why settlements can benefit both sides.Portland Litigation and Disputes:Specialist advisory and strategic communications 33Methodology and sources Portlands Commercial Courts Report 2024 analysed data published on the British and Irish Legal Information Institute(BAILII).This ongoing data analysis process is periodically revised to minimise duplication,rectify data omissions and remove anomalies.Research from primary and secondary sources supplemented our analysis.?Portland used a combination of specialist media monitoring tools(Talkwalker,Factiva and Signal AI)to collect all news coverage analysed in this report.Data was also analysed from the websites of the Netherlands Commercial Court,Qatar International Court and Dispute Resolution Centre,Astana International Financial Centre,Dubai International Financial Centre and the Singapore International Commercial Court.This report includes exclusive data from Portlands proprietary polling on issues relating to climate change litigation,perceptions of the courts and of law firms acting for Russian clients,out-of-court settlements,AI and the broadcasting of court procedures.Portland polled 2,000 adults online,between 5th and 9th April 2024.Results have been weighted to nationally representative standards,based on ONS figures.Portlands polling methodology is accredited?by the British Polling Council.Please contact Portlands Litigation and Disputes practice at disputesportland- for additional data and analysis,or to use the findings in this report.References 1.https:/www.imf.org/external/pubs/ft/dsa/dsalist.pdf2.https:/pressgazette.co.uk/media-audience-and-business-data/media_metrics/most-popular-websites-news-uk-monthly-2/3.https:/ report was produced by:Alex Murphy,Izzie Weller,Chris Simmons,Sam Woolbank,Anushri Satavlekar and Bryan Wang from the Litigation and Disputes Team.Thanks also to Konrad Grabowski from Portlandscreative and design team,Jude Ryan-Gray and Leon Davies from the research team and Sophie Hoyle from the marketing team.With special thanks to Simon Pugh,Katie Emms,Stephen Bateman,Jemimah Watkins and Katie Greenslade for their input.disputesportland-Portland Litigation and DisputesPortlands Litigation and Disputes practice provides specialist advice and strategic communications support to help reinforce your legal strategy.Our work extends beyond the courtroom to encompass complex public and political considerations.We use a data-led approach to ensure that every aspect of your client
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Working Group on Collections in StorageFranois Mairesse,with the collaboration of Marine Thbault May 2024Museum Museum Storage Storage around around the Worldthe World1 ICOM This publication is freely available under the Attribution-ShareAlike 4.0 DEED license(https:/creativecommons.org/licenses/by-sa/4.0/deed.en).This license applies exclusively to the contents of this publication.The use of content not clearly identified as belonging to ICOM must be requested from the copyright holder.Cover photo:Museums storage,Billie Grace Ward CC BY 2.0 Photo page 10:Museum of Transport and Technology(New Zealand)Photo page 52:CLE Reserva Contempornea,Brazil Acknowledgements:With special thanks to the staff of the ICOM Secretariat for their contribution,in particular:Coordination of the Working Group and survey:Jennifer Keane,Marta Cagnin and Valentina Giacchi Publications:Agns Roch and Antonia Ivo(proofreading and layout)Communications:Anapaula Garca Soto and Laetitia Conort Proofreading of the English version:Belinda Nevin and Christen McAlpine,MOTAT,New Zealand;and Jennifer Keane,ICOM Secretariat.2 ICOM Working Group on Collections in Storage At the ICOM General Conference in Milan in July 2016,an initiative was launched to propose an ICOM recommendation on collections in storage.Representatives from the ICOM International Committees COMCOL,ICAMT,ICFA and ICOM-CC collaborated on a document.The draft was presented at the ICOM-CC Triennial Conference in Copenhagen in 2017 and developed into a proposal for a resolution to be presented at the General Conference in Kyoto 2019.A recommendation by ICOM Italy on Deposits of museums for the Cultural Heritage was also proposed for consideration in Kyoto 2019.Two proposals were combined at the General Conference in Kyoto to form one resolution on Storage.The joint resolution Measures to safeguard and enhance collections in storage throughout the world was presented.Many committees expressed their support for the resolution,including ICOM-CC,ICAMT,COMCOL,ICMS and endorsed by ICOM Azerbaijan,ICOM Belgium,ICOM Denmark,ICOM Estonia,ICOM Finland,ICOM France,ICOM Greece,ICOM Latvia,ICOM Lebanon,ICOM Norway,ICOM Romania,ICOM Serbia,ICOM Slovenia,ICOM Sweden,ICOM SEE,ICFA,CIPEG,CAMOC,CECA,ICOFOM,COSTUME and UMAC.At the 158th Session of 2-3 December 2022,the Executive Board approved the mandate for the Working Group on Collections in Storage.The purpose of this Working Group is to analyse the situation for storage collections in museums around the world,in cooperation with National and International Committees.The Working Group is composed of the following members:Franois Mairesse,as Chair of the Working Group on Collections in Storage Sanfo Moctar,(ICOM Burkina Faso&CIMCIM)Ambika Patel(ICOM India&ASPAC)Alessandra Labate Rosso(ICOM Brazil&ICAMT)Alba Letts(ICOM New Zealand)Christoph Lind(ICOM Germany&ICFA)Maria Lucia Ferruzza(ICOM Italy)Gal de Guichen(ICOM France&ICOM-CC)Feng Zhao,Ex Officio(ICOM China and Executive Board)3 Introduction.5 Context and objectives of the study.5 Method.8 1.Main characteristics of the museums surveyed.11 1.1.Geographical distribution of the survey.11 1.2.Museums location.12 1.3.Collection themes and museum age.12 1.4.Range of museums present in the sample.14 Tab.4.Distribution of visible collection by museum location(%).18 2.Types of storage space.21 2.1.On-site storage.22 2.2.Off-site storage.23 2.3.Collection documentation.26 3.Storage units.31 3.1.Physical condition of storages.31 3.2.Use of collections in storage.32 3.3.Storage development over the 10 last years.33 3.4.Contemporary issues:storage staff.34 3.5.Infrastructure and documentation.36 3.6.Preventive conservation and risk management.38 4.Funding,communication and the future of storage.41 4.1.Funding and storage management.41 4.2.Access and communication around storage.43 4.3.Storage development in the next 10 to 15 years.46 Conclusion.49 APPENDICES.53 1.Museum participation in the survey.54 2.Characteristics of the museums participating in the survey.57 2.1.Study of staff distribution.57 3.Type of storage space.59 3.1.On-site storage.59 3.2.Off-site storage.59 3.3.Collections documentation.60 4.Storage units.64 5.Contemporary Storage Management Issues.66 5.1.Funding and Management Issues.66 5.2.Access and Storage Interpretation Issues.68 5.3.Storage development within the next 10 to 15 years.69 5 Introduction Context and objectives of the study On September 7,2019,during its 34th General Assembly,ICOM adopted a resolution concerning Measures to safeguard and enhance collections in storage throughout the world1.The General Assembly called for measures to be taken to reduce risks for collections in storage throughout the world.This includes allocating funds and making use of all available tools and methodologies at their disposal,ensuring museums mission for research,education,and enjoyment by present and future generations.It also reaffirmed the role of museums,libraries and archives as guardians of heritage,emphasising that preserving collections contributes to the development of knowledge and the advancement of human rights.ICOM then entrusted a Standing Committee to analyse the storage situation in museums around the world,in cooperation with National and International Committees.This recommendation,drawn up on the basis of two drafts submitted by several International Committees(Conservation(ICOM-CC),Architecture and Museography(ICAMT),Collections(COMCOL),Security(ICMS),and approved by seven other International Committees,two Regional Alliances and seventeen National Committees,was however largely overshadowed by the debates about the proposed new museum definition,which seemed to be far removed from storage-related issues.The operational aspect of museums,as they have evolved since the 18th century,is largely based on collections of material objects.The principle of accumulation2,on which this logic is based,presupposes the creation of databases,both tangible and intangible,to enable the knowledge development.For a long time,museum operations were based on the object as information bearer,and the associated functional model of preservation,research and communication3.This model,on which the vast majority of institutions throughout the world are based,presupposes the creation of storage to house collections that would never have been publicly exhibited and sometimes never will be,since a significant proportion has been assembled for the purpose of study.It is with this in mind,of course,that a considerable percentage sometimes as much as 99%4 of collections are housed in dedicated spaces.Since the 1960s,changes in the museum world have led to rethinking the museum in terms of its social role,a key principle of museologist Duncan Camerons famous article,The museum:a temple or a forum,which was at the heart of discussions during ICOMs 25th General Conference in Kyoto 1 Available on the ICOM website:https:/icom.museum/wp-content/uploads/2019/09/Resolutions_2019_EN.pdf 2 Mairesse Franois,Le principe daccumulation,in Le Marec Jolle,Schiele Bernard et Luckerhoff Jason,(dir.),Muses,Mutations,Dijon,OCIM,2019,pp.203-216.3 Mensch Peter van,Towards a Methodology of Museology,University of Zagreb,Faculty of Philosophy,Doctors Thesis,1992.4 Lord Barry,Lord Gail Dexter,Nicks John,The Cost of Collecting,London,HMSO,1989.6 when the new museum definition was debated5.Today,for many institutions,collections no longer appear to be the central or unifying element of the museum.A lot of museums no longer define themselves primarily by their collections,but as spaces for discussion and reflection on identity,heritage and memory,rather than as places for preserving objects,even if many are still exhibited(sometimes borrowed from other institutions)6.At the same time in the mid-1970s spaces devoted to the management of certain collections,particularly larger ones,were already showing signs of congestion and overflow.Gal de Guichen,a leading figure in the world of preventive conservation and storage,emphasises the founding role of the 1977 International Conference on Museums held at the Smithsonian Institution in Washington7.The problematic state of this institutions storage spaces prompted its Secretary General,Paul Perrot,to launch a new process of reflection,which led to the creation of the Museum Support Center at the Smithsonian Institution in Washington.Gradually,new infrastructures were designed,sometimes physically quite distant from the museum,with greater autonomy and spaces that are more suitable for collection management.This latter trend has recently gained considerable momentum,with many institutions finding themselves obliged to find new spaces to accommodate their growing collections.Sometimes shared between several institutions,but also with other organisations(libraries or archive centres),or even with private collectors,these new spaces are gradually becoming more autonomous,as demonstrated by the Depot at the Boijmans van Beunigen Museum in Rotterdam,or the Conservation and Resource Centre at the MuCEM in Marseille.In 2021,ICOM devoted a special issue of its journal Museum International to these new storage spaces8.Already in 2011,an ICCROM survey highlighted the many problems associated with managing museum collections,in particular the lack of space and funding9.According to that international study,one in two museums had completely overcrowded storage spaces,and two in three museums reported a shortage of available space.It was in response to this study that the RE-ORG program was set up,aimed at reorganising museum storage spaces around the world,and reported on in several articles in the Museum Collection Storage issue published by Museum International.5 Cameron Duncan,Museum,a temple or a forum,Curator,1971,14,pp.11-24;Sandahl Jette(ed.),The museum Definition.The Backbone of Museums.Museum International,2019,71,281-282,pp.1-169.6 Mairesse Franois,La collection a-t-elle un avenir au sein du muse?,Culture et Muses,Daniel Jacobi dir.,2021,n37,p.31-52.7 Guichen G.de,Collection Storage:a Window into the Richness of Culotural Heritage,Museum international,73,pp.226-235.8 Kreplak Yal,Mairesse Franois(dir.),Museum collection storage,Museum International,73,2021,289-290,237 p.9Voir:https:/www.iccrom.org/sites/default/files/ICCROM-UNESCO International Storage Survey 2011_en.pdf 7 As numerous books and articles attest10,the technology devoted to the development of storage and the preservation of collections has continued to develop,both in terms of the architecture of these spaces and innovations in preventive conservation,particularly in terms of adapting to climate change.It is in this context that,following the resolution made at the 34th General Assembly,ICOM set up a Working Group on Collections in Storage,which was launched in March 2022,and is made up of members from various ICOM National and International Committees:Maria Lucia Ferruzza(NC,ITALY);Gal de Guichen(IC,ICOM-CC);Alessandra Labate Rosso(IC,ICAMT);Alba Letts(NC,NEW ZEALAND).Christoph Lind(IC,ICFA);Franois Mairesse,(Chair)(IC,ICOFOM);Sanfo Moctar(NC,BURKINA FASO&IC,CIMCIM)and Ambika Patel(RA,ICOM ASPAC).The working group also benefited from the ex officio participation of the ICOM President,Executive Board representative,Feng Zhao(China)and the Director General,while Jennifer Keane,Marta Cagnin and Valentina Giacchi,from of the ICOM Secretariat,acted as contact persons between the Secretariat and the Working Group.The Working Group set itself three objectives:to draw up a preliminary report on the main issues relating to the development of storage;to launch an international survey in order to gain a better understanding of the situation of storage worldwide;and to organise an international conference on this issue,in order to debate the challenges associated with this field.The preliminary report,drawn up by the Working Group,was presented at a special session during the 26th ICOM General Conference in Prague the same year.The main issues raised by the Working Group were structured in four parts:new types of storage built over the last ten years,storage that is open and accessible to visitors,storage shared by several institutions,and the reorganisation and updating of existing storage through the RE-ORG program.The international survey project was launched in 2023,and in this context the working group obtained the support of the UNESCO Chair for the study of museum diversity and its evolution at the Sorbonne Nouvelle University,and that of the ICCA(Cultural Industries&Artistic Creation)a laboratory of excellence,which allowed us to hire a researcher,Marine Thbault,to monitor the survey,carry out a first basic analysis,cross-sort the data collected,and present a first report on these analyses.10 See also Brusius Mirjam et Singh Kavita ed.,Museum Storage and Meaning.Tales from the Crypt,Abingdon,London,Routledge,2018;Jacobi Daniel(dir.),Les collections patrimoniales ont-elles un avenir?,Culture et Muses,2021,n37;Tiziana N.Beltrame et Yal Kreplak(dir.),Les Rserves des muses.cologies des collections,Dijon,les Presses du rel,collection Oeuvres en socit,to be published in 2024.8 Method An online questionnaire11 was drawn up by the working group,tested with museum professionals and shared with the entire ICOM community12.The questionnaire was launched by ICOM President Emma Nardi on 4 April 2023 and closed on 18 July of the same year.It was structured along four main topics,which are reflected in the structure of this report:the first axis(point 1)describes the main characteristics of the participating museums(date of creation,location,surface area,attendance,types of collections,number of objects,percentage of collections on display,staff);a second axis(point 2)concerns the type of storage facilities available to the institution(on-site or off-site,number of rooms,surface area,location,accessibility,availability),as well as the system used for documenting objects in storage(manual and/or digital,percentage of objects in inventory,marking,time required to find an object in storage,date of last inventory).A third axis(point 3),seeks to identify the state of the storage spaces,their use and the development of the situation over the last ten years;the last axis(point 4)aims to understand contemporary management problems(personnel,infrastructure,risk,evolution)faced by institutions and the way in which museum professionals foresee the development of the operation of the storage in the coming years.A total of 1 132 responses to the questionnaire were received by July 18,2023.580,or 51%of respondents chose to remain anonymous.The museum professionals who volunteered to answer the questionnaire were mainly collection managers(34%),directors(23%),conservators(17%)and curators(16%)(Fig 1).Fig.1.Occupation of the persons completing the survey13 11 The questionnaire was created with the Formstack software.12 Around 45,000 members,according to the membership report published by ICOM in 2022.13 The other category includes technical assistants,coordinators,educators,researchers,etc.Collections management,registration or storage34%Communication and public relations3%Conservator17%Curator16%Director23%Other7%9 12 semi-structured interviews were conducted with museum professionals who are familiar with storage issues some of whom had requested to be contacted following the survey.These included directors of institutions,storage managers,consultants and researchers from Italy,Greece,France,China,Japan,Singapore,Brazil,Ivory Coast and Burkina Faso.Their comments,as well as the comments that respondents left on each section of the survey,helped to underpin the quantitative analysis of the questionnaire we would like to thank them for their contribution.11 1.Main characteristics of the museums surveyed The international nature of the survey enabled us to gather information on a wide variety of museums.While the sample obtained does not guarantee a completely accurate or perfectly representative portrait of the situation of the more than 100,000 museums worldwide,the survey nevertheless provides an overview of very different kinds of institutions,in terms of their geographical distribution,size,age and type of collections held.1.1.Geographical distribution of the survey Responses to the survey came from 98 countries.The distribution by region(according to UNESCOs regional classification14)of all museums responding to the survey fairly closely reflects that of ICOMs membership(2021)(Table 1 and Appendix 1):the largest number of responses came from Western Europe(although this is less than the actual representation of ICOMs European members),with the most active countries in the survey being Italy,France and Spain.The North American regions response rate to the survey reflects its participation in ICOM but differs from the regions actual museum density,which is one of the highest in the world according to UNESCO statistics.On the other hand,the proportion of responses from Eastern Europe,Latin America and the Caribbean,and Asia and the Pacific reflects the proportion of museums worldwide.Tab.1.Geographical distribution of the museums participating in the survey UNESCO Region Number of responses Percentage of responses by region(%)Proportion of museums by region(List UNESCO,2021)(%)Proportion of ICOM members by region in 2021(%)I a.North America 68 6,01 34,03 5,91 I b.Western Europe and others 663 58,75 26,86 74,37 II.Eastern Europe 105 9,28 10,49 9,01 III.Latin America and the Caribbean 81 7,16 7,73 3,15 IV.Asia and Pacific 139 12,28 16,49 4,50 V a.Africa 55 4,86 0,50 0,62 V b.Arab States 21 1,86 0,29 0,41 TOTAL 1132 14 However,here we have distinguished the countries of North America from Western Europe,which form only one region within the UNESCO Assembly of States.12 1.2.Museums location The museum phenomenon is largely city-based:a third of the institutions that responded are located in capitals this is particularly the case for all Arab,African and Latin American museums 54%are located in small or medium-sized cities particularly in North America,Europe and Asia.Only 16%are located in rural areas or on islands(Fig.2 and Appendix 1).This distribution largely reflects the findings of UNESCOs surveys,with the majority of institutions being managed at national(in the capital)or city level15.Fig.2.Location of the participating museums 1.3.Collection themes and museum age The distribution of institutions responding to the survey illustrates the diversity of museum collections around the world(Fig.3).The type of collections held by museums(several answers were possible)also appears to be relatively consistent with the data listed by UNESCO16.Thus,the types of collections most frequently mentioned by museums are history(19%)and fine arts(22%),the largest percentages at the international level.The other two main categories are ethnography(13%)and archaeology(14%);the share of science collections appears to be broadly similar to that of UNESCO statistics(8%),which does not,however,reflect the number of objects held in these collections,which are far greater than those of other types of institutions17.15 Mairesse Franois,UNESCO,Report on the Implementation of the UNESCO 2015 Recommendation on Museums&Collections,Paris,UNESCO,2019.16 Ibid.17 See Johnson Kirk,Owens Ian,A global approach for natural history museum collections,Science,vol.379,Issue 6638,24 March 2023,p.1192-1194.13T%30%A rural areaA small or medium sized city,in relation to the capitalAn islandThe capital city/largest city of your country13 Fig.3.Typology of collections of the participating museums The museums that responded to the survey also show great diversity in terms of age(Fig.4).Overall,just under 20%of institutions have been in existence for less than twenty years;just under 30%are between twenty and fifty years old,a quarter between fifty and a century old,and a quarter are over a century old.This distribution differs somewhat from the development of museums worldwide,which appears to double every quarter of a century(globally:6,000 in 1937,22,000 in 1975,50,000 in 2004,100,000 today18).The number of older museums responding to the survey appears to be significantly higher,which seems fairly consistent,given the nature of the surveys theme.Indeed,it may be hypothesised that many more recently established institutions consider the issue of storage to be of secondary importance,as they are not directly confronted with the problems associated with storage management(overcrowding,obsolescence,etc.),but also that the paradigm on which certain recently built museums are based only integrates the question of collections and storage to a more limited extent19.18 See the article muse of the Dictionnaire encyclopdique de musologie,Paris,Armand Colin,2011 and UNESCO,Museums around the World in the Face of Covid-19 April 2021,Paris,UNESCO(UNESCO Report),2021.19 Morishita Masaaki,The Empty Museum.Western Cultures and the Artistic Field in Modern Japan,Farnham,Ashgate,2010.8%1%7%8%8%Applied Arts(including musical instruments)ArcheologyCombination of various collectionsEthnographyFine ArtsHistoryMilitaryNatural HistoryScience and Technology14 Fig.4.Age of the participating museums 1.4.Range of museums present in the sample Several museum-related characteristics are correlated,as earlier studies have shown:institutions with the highest visitor numbers are generally also the biggest,with the largest staff and budgets20.For this reason,the questions on the number of staff and annual attendance were only asked in order to assess the size of the institution without making the questionnaire too complex(Fig.5 and 6).Fig.5.Annual number of visitors(%of the sample)It is hardly surprising to find that almost 45%of the museums in the sample welcome fewer than 20,000 visitors per year(with almost 20%welcoming fewer than 5,000).The number of very small institutions remains the vast majority around the world.Conversely,just over 10%of the sample receive more than 500,000 visitors,with just over 5%welcoming more than a million.The latter 20 Ginsburgh Victor,Mairesse Franois,Defining a museum:suggestions for an alternative approach,Museum Management and Curatorship,16,1,1997,pp.15-33.8)%Less than 10 years oldBetween 11 and 20 years oldBetween 21 and 50 years oldBetween 51 and 100 years oldMore than 100 years old18,5513,5212,7215,1912,9016,525,125,480,002,004,006,008,0010,0012,0014,0016,0018,0020,00Less than50005000-1000010000-2000020000-5000050000-100000100000-500000500000-1000000More than100000015 category,referred to as millionaire or superstar museums21(particularly represented in Europe,North America and Asia),appears somewhat over-represented when compared with international statistics.We can assume that,as in the case of the oldest museums,larger museums felt more concerned by the issue of storage than many of the smaller ones.Fig.6.Number of full-time equivalent staff(%of the sample)Similarly,just over 40%of respondents have fewer than 10 full-time equivalent staff,while around 13%have more than 100 staff members.Cross-referencing data(attendance and number of staff)gives a fairly good idea of the correlations between the two series,although these are not always obvious:60%of very small institutions(less than 10,000 visits per year)have few staff(less than 5 full-time equivalents),while almost three-quarters(72%)of large institutions(more than 500,000 visits per year)employ more than 100 full-time employees or the equivalent;this does not differ greatly between regions or the types of collections in question22.The distribution of museums according to the number of objects in their collections is broadly similar(Fig.7 and Tab.2).21 Frey Bruno,Meier Stephan,The Economics of Museums,in Ginsburgh Victor,Throsby David,Handbook of the Economics of Art and Culture,Amsterdam,Elsevier,Vol.1,2006,pp.1017-1050.22 Spearmans coefficient(rho)shows a significant relationship(greater than 0.5)for studying the correlation between the number of staff members and the number of employees for inventory,as well as the number of employees responsible for the storage,the number of staff and the number of objects in the collections.3,5322,1715,9019,2614,4011,139,813,800,005,0010,0015,0020,0025,000Less than 55 to 1011 to 2526 to 5051 to 100100 to 300More than30016 Fig.7.Number of objects in the collection(%of the sample)Tab.2.Number of objects per region REGION Less than 1000 Less than 5000 5000-10000 10000-20000 20000-50000 50000-100000 100000-500000 500000-1000000 More than 1000000 Total(%)Africa 12,73 41,82 10,91 10,91 10,91 1,82 5,45 1,82 3,64 100,00 Arab States 33,33 19,05 0,00 0,00 19,05 9,52 9,52 0,00 9,52 100,00 Asia and Pacific 7,64 10,42 12,50 16,67 11,11 13,89 18,06 1,39 8,33 100,00 Eastern Europe 5,71 9,52 13,33 15,24 11,43 16,19 19,05 5,71 3,81 100,00 Latin America and the Caribbean 9,88 29,63 20,99 11,11 12,35 11,11 3,70 0,00 1,23 100,00 North America 5,88 8,82 17,65 11,76 26,47 10,29 10,29 2,94 5,88 100,00 Western Europe and others 8,36 15,96 12,61 12,31 12,16 11,09 12,61 6,38 8,51 100,00 Around a quarter of museums have collections of less than 5,000 objects,and just under a tenth of the sample have collections of less than 1,000 objects.At the same time,just over 10%have collections of over 500,000 objects.This statistic is broadly similar if we look at the type of collections held(see Appendix 2).Very small museums are proportionally more represented in Africa and Latin America,while the largest collections in the sample(over 500,000 objects)are found,again proportionally,in Western Europe(nearly 15%).8,6616,5213,2512,7212,9011,4012,724,687,160,002,004,006,008,0010,0012,0014,0016,0018,00Less than1000Less than50005000-1000010000-2000020000-5000050000-100000100000-500000500000-1000000More than100000017 The size of collections is largely influenced by their subject matter:as Soichiro Tsuruta suggested,the number of specimens in a natural history museum is 200 times greater than the number of objects held by a fine arts museum23.A breakdown of the size of collections by type of museum,across all institutions,however,reveals relatively mixed results,as many institutions reported very heterogeneous collections.On the other hand,extraction from the database of only those museums that indicated that they kept one type of collection(i.e.446 institutions),reveals notable differences in this respect(Tab.3).There are few fine arts or history collections with more than 100,000 objects.In contrast,more than one in ten museums in the fields of archaeology(11%),military history(12.5%)or natural sciences(16%)contain more than one million objects.Tab.3.Number of objects per collection type(for the 446 monothematic museums)Number of objects Archaeology Ethnography Fine Arts History Military Natural History Less than 1000 7,22 9,38 9,09 5,56 0,00 6,00 Less than 5000 19,59 21,88 20,32 13,89 25,00 12,00 5000-10000 12,37 12,50 13,90 18,06 0,00 6,00 10000-20000 7,22 12,50 12,83 11,11 37,50 2,00 20000-50000 13,40 15,63 12,30 20,83 0,00 24,00 50000-100000 9,28 18,75 9,09 12,50 0,00 8,00 100000-500000 12,37 6,25 11,76 11,11 25,00 14,00 500000-1000000 7,22 0,00 4,81 1,39 0,00 12,00 More than 1000000 11,34 3,13 5,88 5,56 12,50 16,00 Total(%)100,00 100,00 100,00 100,00 100,00 100,00 Number of museums(total:446)97 32 187 72 8 50 23 Tsuruta Soichiro,“Proposal for the Museum Material-Environment system”,ICOFOM Study Series,6,1984,p.29-39.Tsuruta thus estimates a coefficient to establish the importance of a museum based on its collections.Based on art museums as a unit(1):1/10 for a local general museum(whose collections are overall ten times larger),1/20 for a history museum,1/100 for a archeology museum,1/200 for a natural history museum,etc.18 The size of the collections inevitably influences the storage size and the proportion of collections presented in permanent exhibitions,a phenomenon that has been observed for many years24.In this respect,there are few notable differences between museums in different regions(Fig 8,Tab.4 and Appendix 2).Fig.8.Proportion of the collection exhibited to the public(%of the sample)Tab.4.Distribution of visible collection by museum location(%)Less than 2%2%to 5%6%to 15%to 25&%to 50Q%to 75v%to 90%More than 90%Total(%)A rural area 14,97 23,81 20,41 16,33 8,84 5,44 5,44 4,76 100,00 A small or medium sized city,compared to the capital 23,20 23,04 24,02 12,58 8,01 6,05 1,96 1,14 100,00 An island 21,43 10,71 21,43 0,00 17,86 17,86 3,57 7,14 100,00 The capital city/largest city of your country 24,93 25,51 23,17 10,26 6,74 5,28 2,64 1,47 100,00 Nearly 70%of the museums that responded to the survey exhibit less than 15%of their collections,and only a very small percentage present almost their entire collection to the public,demonstrating the importance of storage within the museum system.It is mainly in Western Europe,North America and Asia-Pacific that a small percentage of collections are on display to the public,and conversely,in Africa an Arab countries most of the collection is presented(Cf.Appendix 2).The same differences can be observed if we take into account the distribution of museums according to their location:city museums,and a fortiori those in capital cities,have the largest collections and exhibit them the least,24 Lord,Lord&Nicks,Op.cit.22,5323,5023,1412,017,956,012,651,860,005,0010,0015,0020,0025,00Less than 2%2%to 5%6%to 15%to 25&%to 50Q%to 75v%to 90%More than90 while we find more museums exhibiting almost all their objects to the public in rural areas or islands.This phenomenon differs relatively little according to collection type(remembering that that museums hold different types of collections).Although storage is an integral part of the museum system,the number of specifically dedicated staff remains relatively small(Figs.9,10 and Appendix 2).Fig.9.Number of staff dedicated to registration(%)Fig.10.Number of staff officially responsible for storage(%)In two out of five museums(40%),regardless of region or collection type,only one person is in charge of collection inventory,while over 12%of institutions have not appointed anyone to this task.The situation is broadly similar for those assigned to the storage spaces.Barely 5%of institutions have more than ten members in charge of collections.We can assume that the same people are in charge of inventory and storage.For the majority of them(59%),this mission is part of their job description(Fig.11).Fig.11.Staff officially responsible for storage 12,5440,1932,778,753,622,120,005,0010,0015,0020,0025,0030,0035,0040,0045,00012 to 45 to 10 11 to 25 Morethan 2514,1336,4835,607,694,151,940,005,0010,0015,0020,0025,0030,0035,0040,00None12 to 4 5 to 10 11 to25Morethan252,5616,9621,3859,100,0010,0020,0030,0040,0050,0060,0070,00I dont knowNoYes,but there is no jobdescriptionYes,their tasks are includedin their job description20 It is important to note,however,that almost 17%of museums have not designated anyone to be in charge of storage,and that this responsibility,when it exists,is not included in the job description of the person in charge in over 20%of cases;so for almost four out of ten museums,the responsibility for storage management is not clearly established.21 2.Types of storage space Almost all the museums in the sample consider storage space as a real issue,especially as many of them were set up in buildings that were only later converted into museums(castles,convents,temples,industrial buildings,dwellings,etc.).Fig.12.Storage specially designed to house the collection Fig.13.Storage spaces meet the needs of the museum collections Overall,55%of storage spaces have been specifically designed to house collections(Fig 12).This ratio is even higher in Asia and North America.On the other hand,this ratio is much less favourable in Eastern Europe,Latin America,Africa and Arab States.Spaces fitted out as storage spaces,but not designed as such,do not seem to fulfil the needs of collections in all regions for 75%of museums responding to the survey(Fig.13).Comments made during the survey reveal the variety of spaces converted into storage spaces:offices,closets,corridors,hotels,hospitals,etc.Part of the collection may also be stored outside the building,in conservation conditions defined as poor or non-existent.5536,3638,1071,5346,6737,0475,0055,624563,6461,9028,4753,3362,9625,0044,380 0Pp0%TotalAfricaArab StatesAsia and PacificEastern EuropeLatin America and the CaribbeanNorthern AmericaWestern Europe and otherYes(%)No(%)2522,8646,1529,2723,2119,6125,687577,1453,8570,7376,7980,39100,0074,320 0Pp0%TotalAfricaArab StatesAsia and PacificEastern EuropeLatin America and the CaribbeanNorthern AmericaWestern EuropeYes(%)No(%)22 Two types of storage spaces can be distinguished:those present on site,within the museum building itself(which represents the majority of cases),and those outside the museum,that are not accessible directly from the museum.2.1.On-site storage Most of the participating museums(79%)have on-site storage facilities.Generally speaking,these can be located in different areas of the museum.Overall,just under half of the museums in the sample have fewer than 6 areas or rooms dedicated to collection storage.The space occupied by the collections differs significantly from region to region:it appears to be larger in Asia,and considerably smaller in Africa and in Arab countries(Fig.14-16 and Appendix 3.1).Fig.14.On-site storage Fig.15.Number of on-site rooms(%)Fig.16.Total on-site storage surface 79!%We have specific on site storage forcollectionsWe do not have specific on site storagefor collections2,470,1812,5411,669,638,756,184,952,30 2,300,883,457,863,270,710,350,970,002,004,006,008,0010,0012,0014,00I dont know01234567891011 to 2021 to 3031 to 4041 to 50Over 5113,51,4218,7513,7916,886,0624,1412,195,97,160,002,595,1912,123,456,009,68!,0537,503,455,1919,703,459,4812,50,4218,756,9018,189,0915,5212,3817,79,796,2513,7914,2913,6410,3421,0811,94%5,266,256,0311,6918,1813,7912,9614,19%2,636,2517,2411,6912,1213,7915,2814,41%5,266,2536,2116,889,0915,5210,640 0Pp0%TOTALAfricaArab StatesAsia and PacificEastern EuropeLatin America and the CaribbeanNorthern AmericaWestern Europe and other I dont know(in%)0-200 ft(0-19m)200-500 ft(20-49m)500-1000 ft(50-99m)1000-2500 ft(100-249m)2500-5500 ft(250-499m)5500-10500 ft(500-1000m)More than 10500 ft(1000m)23 These storage spaces are located mostly on the ground floor(36%)and in basements(31%).However,there are also spaces on upper floors(21%)and in attics(12%).Overall,almost all museums report difficulties developing their storage facilities:almost a third say they have run out of space,while almost 45lieve they have a remaining capacity of around 15%of their space.Inevitably,only the most recent institutions(less than 10 years old)mention that they have significant storage capacities,and logically,the older the museum,the more problems with storage it seems to experience(all regions taken together)(Fig.17 and appendix 3.1).Fig.17.On-site storage capacity compared to the age of the museum 2.2.Off-site storage The issue of lack of space is a long-standing one and has led many museum managers,particularly those with the largest collections,to consider the construction of special buildings to compensate for the lack of space.As most major institutions are located in city centres,since the late 1970s many have opted to build specific structures in the suburbs,sometimes several dozen kilometres away from the museums25.This type of solution has become increasingly popular in recent years,as demonstrated by the various experiments described in the above-mentioned issue of Museum International.Nevertheless,the present survey reveals the extent of this phenomenon:44%of museums responding to the survey declared having a special building constructed off-site(Figs.18 and 19).This does not mean,however,that these buildings have been designed as storage spaces or benefit from all the latest technologies in collections management and preventive conservation.This situation can be observed throughout the world,but is most common in Arab,Asian,European and North American countries.A significant proportion of these buildings are quite distant from the main institution:only 17n be reached in less than 10 minutes on foot,a quarter can be reached in less than fifteen minutes by car(24%),while others are considerably further away:30%are up to 25 Mairesse Franois,La collection a-t-elle un avenir au sein du muse?,Culture&Muses,2021,37,pp.31-52.https:/doi.org/10.4000/culturemusees.6124 19,6729,5933,9830,0932,3931,0824,5931,6340,6347,3553,0443,6921,3113,2713,6715,0410,1213,5114,7520,417,424,873,247,5519,675,104,302,651,214,170 0Pp0%Less than 10 years oldBetween 10 and 20 years oldBetween 21 and 50 years oldBetween 51 and 100 years oldMore than 100 years oldTotalStorage space is full Between 0 and 15tween 15%and 25tween 25%and 50%More than 50$ 30 minutes away,and almost a third are 30 minutes by car(29%),particularly for museums in large cities(almost 50%of this type of storage,see Appendix 3.2).Fig.18.Off-site storage Fig.19.Access time from the museum Overall,off-site storage facilities are considerably larger than on-site ones:almost a quarter of museums with such facilities reported they were over 10,500 ft or 1,000 m(Fig.20).Most of these buildings(for more than half of museums with such facilities)are reserved exclusively for the use of museums that responded to the survey.The remaining spaces are shared,almost equally,either with other museums,or with other public institutions such as archives or libraries,or sometimes with private institutions or collectors(Appendix 3.2).Fig.20.Total surface of off-site storage(%)The relocation of some or all of the collections from the main museum building to allocated space in off-site storage is intended to free up space for other activities,such as enlarging exhibition galleries,44V%We have specific off site storage for collectionsWe do not have specific off site storage forcollections17$0)%Less than 10 minutes on footLess than 15 minutes by carBetween 15 and 30 minutes by carMore than 30 minutes by car14,5210,0044,4414,2930,3027,2726,6711,024,2940,0011,112,386,060,006,673,116,7520,0011,119,5212,120,0010,005,3713,9120,0011,1121,4315,1518,1810,0012,9913,290,0011,9012,129,0916,6714,1216,9722,2214,299,099,096,6719,4925,1510,0019,059,0936,3616,6728,810 0Pp0%TotalAfricaArab StatesAsia and PacificEastern EuropeLatin America and the CaribbeanNorthern AmericaWestern Europe I dont know(in%)0-200 ft(0-19 m)(in%)200-500 ft(20-49 m)(in%)500-1000 ft(50-99 m)(in%)1000-2500 ft(100-249 m)(in%)2500-5500 ft(250-499 m)(in%)5500-10500 ft(500-1000 m)(in%)More than 10500 ft(1000 m)(in%)25 educational services or visitor reception areas(welcome desk,bookshops,cafeteria,etc.).At the same time,the construction of off-site storage,particularly those built recently,has led some institutions to equip them with areas designed to be accessible to the general public(see below).Fig.21.Off-site storage capacity The capacity of these storage rooms/facilities,generally built to solve space shortage problems,has certainly improved the situation,but has not completely resolved it.A quarter of the museums that have opted for this solution(compared with almost 40%of all institutions)still report a lack of space,while around 40%(compared with almost 50%)have less than 15%space to house new acquisitions.25,779,67,59,02%6,95%0,00%5,00,00,00 ,00%,000,005,00,00E,00%Storage space is full Between 0 and 15tween 15%and25tween 25%and50%More than 50& 2.3.Collection documentation Storage areas are,as such,only a more or less sophisticated part of the building:the quality of their operations depends on the quality of the inventory and documentation system put in place to manage the collections,and in particular to identify and locate objects in storage.For a long time,this system remained strictly manual;developments in information technology in the 1960s led to the first experiments with databases and collection management26,and then to increasingly systematic development in the 1990s.Today,only a small number of institutions have a purely manual documentation system(7%),mainly in Africa and in Arab countries(Fig.22 and Appendix 3.3).Fig.22.Type of documentation system(1123 answers)While more than half of museums claim to have both paper and digital inventories(53%),it is interesting to note a trend towards all-digital.While museums in Eastern Europe,Asia-Pacific and Arab States still maintain a dual system,more and more museums in North America and Western Europe seem to be going purely digital.The move to all-digital is also being considered for communication reasons,as mentioned by professionals during our interviews.Museums with larger collections are making slightly more use of digital documentation systems(Appendix 3.3).A.Museums with manual and computerised inventories In the case of museums equipped with both paper and digital documentation systems,the vast majority(87%)whatever the size of the collection have a physical register or inventory book,a copy that is kept in a safe place(64%)(Appendix 3.3).26 Metropolitan Museum of Art,Computers and their potential applications in museums,New York,Arno Press,1968.7,1234,5514,299,794,813,705,3640,2523,6414,2926,5724,0437,0457,5846,7152,6341,8271,4363,6471,1559,2640,9147,930 0Pp0%TotalAfricaArab StatesAsia and PacificEastern EuropeLatin America and CarabeNorthern AmericaWestern EuropeManual Computerised/digital Both manual and computerised/digital27 Fig.23.Proportion of objects in the inventory(%)The percentage of inventoried objects includes almost all of the collection in over 40%of cases,and around 75%of objects in 30%of cases.This still means that just under 30%of museums worldwide have a largely incomplete inventory(Fig.23).Unsurprisingly,institutions with the largest collections(over 500,000 objects)rarely declare their collections as being fully documented,or at least much less than other museums(around 20 to 25%of the collection,compared with an average of 45%for the others).This percentage differs quite significantly according to the type of collection(as long as we only consider museums that have indicated holding only one type of collection):more than half of Fine Arts and History museums(but also Military History museums)have a complete inventory,compared to less than 30%of objects inventoried for Natural History collections,and 40%for Archaeology museums(Tab.5).The proportion of objects benefiting from a specific marking(inventory number)largely follows that of inventoried objects;certain differences appear according to collection types,the digitisation of inventory of fine art museums appears to be significantly more advanced than that of natural history museums(Appendix 3.3).Generally speaking,the computerised inventory shows similar differences in terms of proportion of inventoried objects as the manual inventory,but appears more incomplete:only 37%of museums have their inventory fully computerised,while more than 10%have 10%of their inventory computerised,10%of museums have around 25%of their inventory computerised and 14%of museums around 50%(Appendix 3.3).Here too,the size of the collection appears to be a determining factor:the most comprehensively inventoried collections are small(less than 5000 objects).5,925,084,2311,5130,1243,150,005,0010,0015,0020,0025,0030,0035,0040,0045,0050,00NoneAround 10%Around 25%Around 50%Around 75%Almost 100( Tab.5.Proportion of the objects in the inventory by collection type Archeology Ethnography Fine Arts History Military Natural History None 3.33 4.76 8.75 8.70 0.00 7.14 Around 10%6.67 4.76 3.75 2.17 0.00 10.71 Around 25%8.33 0.00 2.50 6.52 0.00 7.14 Around 50.67 19.05 6.25 6.52 16.67 7.14 Around 750.00 28.57 27.50 19.57 0.00 39.29 Almost 100.00 42.86 51.25 56.52 83.33 28.57 Total 100,00 100,00 100,00 100,00 100,00 100,00 Fig.24.Average time to retrieve an object in storage(%)The average time needed to find an object depends,as several managers commented,on the nature of the request,the quality of the inventory(whether the card is fully documented and enables the object to be located),the person available to retrieve it,the size and weight of the object(small objects are more difficult to find),the condition of the object(packed or unpacked),etc.The average time it takes to find an object in a storage space is reported to be relatively short:a maximum of 30 minutes in 80%of cases,and less than five minutes in almost a quarter of cases.The question of the condition of the storage also requires an assessment of how the inventory relates to the actual state of the objects in the storage.The resulting principle of collection survey can be considered through regular or random audits,and sometimes more systematically(particularly in France,where legislation requires an inventory every ten years).Nearly 20%of institutions report that this type of assessment was carried out around two years ago,but over 10mit that they have never conducted it:more than half of institutions note that this task is in progress,an answer that may be open to many interpretations(Fig.25).23,0120,4717,7718,449,486,604,230,005,0010,0015,0020,0025,00Less than 5minutes10 minutes15 minutes30 minutes1 hourMore than 1hourMore than 4hours29 Fig.25.Date of the last collection survey(%)B.Museums with computerised inventories As mentioned above,almost 40%of museums have taken the all-digital route,and now carry out their inventories exclusively on a computer,despite the fragility of digital media and data conservation issues.Responses concerning the proportion of collections inventoried online are almost identical to those of museums using the dual system(Fig.26).Fig.26.Proportion of objects in the digital inventory(%)According to the comments,some participants lament that the computer software used is not sufficiently maintained and updated,and state that the equipment is obsolete.While,overall,inventory levels appear identical for museums that have retained the dual system and those with a computerised inventory,computer-only museums are slightly less likely to integrate an inventory number or a mark with the objects in their collection(Fig.27).Around 38%of the museums to have opted for this system have integrated physical marking into almost 100%of their collections,compared with just over 43%of the collections inventoried using the dual procedure.On the other hand,in contrast to the latter,there are almost no museums that inventory only digitally and have not developed a marking policy.11,0019,979,146,9452,960,0010,0020,0030,0040,0050,0060,00Never2 years ago5 years ago10 years agoIs in progress2,954,684,6811,7932,4143,500,0010,0020,0030,0040,0050,00NoneAround 10%Around 25%Around 50%Around 75%Almost 1000 Fig.27.Proportion of marked objects(inventory number)(%)Despite the method of marking objects being seldom used by museums with computerised inventories,it does not hinder the search for objects in storage spaces.According to the answers,they are more likely to find objects in their collections quickly(almost 27%in less than five minutes,compared to 23%for those who do not use markings),while lengthy searches are also less frequent(Fig.28).On the other hand,the answers given about collection survey are relatively similar to those of institutions with a dual inventory system(see Appendix 3.3).Fig.28.Average time to retrieve an object in storage(%)1,599,718,9913,6228,5537,540,0010,0020,0030,0040,00NoneAround 10%Around 25%Around 50%Around 75%Almost 100&,9922,5722,3512,838,413,982,880,005,0010,0015,0020,0025,0030,00Less than 5minutes10 minutes15 minutes30 minutes1 hourMore than 1hourMore than 4hours31 3.Storage units 3.1.Physical condition of storages Overall,the condition of storage spaces is judged to be rather unfavourable by the majority of museums,particularly with regard to the lack of equipment(Fig.29).Most types of furniture are widely considered to be in short supply.Nearly 60%of museums report a lack of mobile shelving,pallets,racks,cabinets and so on.Slightly more than 40%also admit that not all objects are kept in adequate storage furniture.This finding echoes that of ICCROMs survey in 2011,which lamented that one museum in two suffered from a lack of storage units,two museums in three suffered from a lack of space,and two museums in five had storage units that were not suitable for that type of collection.This situation does not differ much between regions,with the areas experiencing the most difficulties tending to be those where museums have been developing for the longest time:Europe and North America.With the exception of large museums(more than 500,000 visitors per year)that are over 20 years old,or those with the largest collections,objects are in fact,according to the responses,not sufficiently stored in purpose-built storage units (shelves or cupboards),with some of these being recycled storage units not designed for museums(Appendix 4).Fig.29.State of the storage space(%)Museums,especially those with small collections(less than 20,000 objects),seem to be the most affected in this respect,lacking adequate equipment to store specific collections.As mentioned again in the comments,many heavy and bulky objects occupy considerable floor space and are stored in unsuitable areas,putting them at risk of damage.57,3762,6540,1341,3839,9545,4030,6542,6337,3559,8758,6260,0554,6069,350 0Pp0%All objects are stored in storage units such as shelving orcabinetsStorage units are specifically adapted for collectionsMuseums have enough shelving to store the collectionsMuseums have enough flat-file cabinets map drawersMuseums have enough racksMuseums have enough palletsMuseums have enough mobile shelvingYesNo32 3.2.Use of collections in storage The use of collections in storage,as reported by participating museums,remains largely reserved for specialists,for research purposes or loans for exhibitions.Museums give priority to using collections for internal research purposes,then for loans to other institutions(mainly institutions,very rarely cultural groups),and finally for digitisation,to make unexhibited objects accessible(Fig.30).This last activity was probably reinforced following the Covid-19 pandemic,demonstrating the importance of digitisation to enable visitors to access museums remotely.Each of these activities is organised by almost 50%of the museums in the sample.However,only over 10%of the institutions in the sample have gone further in communicating about their collections,setting up visible(if not visitable)storage spaces,while almost 20%organise tours for the general public.There is little disparity in these activities between regions of the globe.Fig.30.Use of collections in storage 2,30%4,51,69,93,17$,47%1,68I,82S,45,08#,32P,71E,85,70,49,31,07,83u,53,32P,18F,55w,92v,68I,29T,15%0 0Pp0%OtherSelf-guided storage tours for school groupsOnly use for in-house displayVisible Storage displayOpen storage tours for the general publicObject handling activitiesLoans to cultural groupsLoans to institutionsInternal research projectsFeatures on underused objects on social mediaFeatures on underused objects in special exhibitionsExternal researchersDigitization for accessYesNo33 3.3.Storage development over the 10 last years Over the last ten years,museum collections have,on average(58%),increased by between 5%and 10%,according to the professionals who responded to the survey.A few potentially more recent museums report greater increases:15%report increases of 50%,and almost 9%have even seen the number of objects more than double.Very few institutions reported a reduction in collections(Fig.31).Fig.31.Increase of the collection(%)Despite this steady increase,most of the professionals who responded to the survey rate the development of storage relatively positively,with the majority considering that the situation has improved over the last ten years(i.e.,probably partly during the time that they have been involved).Only a small number(less than 15%)think that the situation has deteriorated,to a greater or lesser extent(Fig.32).1,7332,2726,1815,093,098,8212,820,005,0010,0015,0020,0025,0030,0035,00No,thecollection hasdecreasedYes,by around5%Yes,by around10%Yes,by around50%Yes,by around100%Yes,by morethan 100%No increase ordecrease34 Fig.32.Development over the last 10 years The observation that the situation of collection storages has improved is shared in all regions of the world.There are,however,some regional differences:while North America takes a more negative view,museums in Asia and the Pacific,which have benefited from a great deal of investment in recent years,appear to be much more optimistic.The length of time a museum has been in operation seems to have a fairly strong influence on its attitude:the most recent museums are the most optimistic,while the oldest institutions consider the situation to have changed for the worse.This is also the case for museums with the highest visitor numbers,which paradoxically have both the most optimistic and the most negative views.3.4.Contemporary issues:storage staff The management of human resources is at the heart of the problem facing storage,both in terms of the traceability of collections via tools and databases,and the availability of sufficiently trained staff 28,8120,2517,8614,0819,1921,6617,199,2423,417,5214,2918,7515,5628,671514,8118,5242,3743,2532,7938,5940,436,824042,0230,8538,2944,444536,2742,662029,6338,7511,0223,0134,7433,2421,8926,7129,3834,4541,4928,8417,4623,7536,2720,285038,8928,2711,0210,4310,7110,4213,4711,199,699,244,2611,1620,637,58,825,591012,9610,570 0P0000 vis per year50-500000 vis per year10-50000 vis per yearLess than 10000 vis per yearMore than 100 years51-100 years21-50 years11-20 yearsLess than 10 yearsWestern EuropeNorthern AmericaLatin America and the CaribbeanEastern EuropeAsia and PacificArab StatesAfricaTOTALThe situation has improved significantlyThs situation has improvedThe situation has not changedThe situation has deterioratedThe situation has deteriorated significantly35 for this purpose27.In ICCROMs 2011 survey,nearly two in five museums noted that their staff were insufficiently trained to manage collections,and pointed to the absence of full-time managers,while one in three admitted that they could not identify the person in charge of storage in their museum,and that there were unclear collection management procedures.Fig.33.Storage staff The responses to the present survey point to the same direction(Fig.33).While the situation seems more consistent in terms of identifying the person responsible for the storage(just under 15mit to difficulties),we find the same concerns in terms of training(almost 30%),the level of staff accessibility to the storage(25%report that anyone can enter the storage)and procedures concerning storage management(almost 40%underline shortcomings in this area).Overall,small museums have far more difficulties in this respect(between a third to half of responses mention difficulties)than larger museums which receive the most visitors(usually less than 10%).On the other hand,it is not always the oldest institutions,but rather those between 20 and 50 years old(i.e.designed more than a generation ago),that report the greatest difficulties(Appendix 4).In their comments,participants stressed the need to implement rules concerning the use of storage spaces to avoid clutter.For example,it was felt that too many museum staff,and even unauthorised external people,could access the storage spaces,since access is not restricted to those in charge,or subject to reporting procedures.27 One museum in four reports the absence of an object movement register in the ICCROM-UNESCO international survey on storage(2011).25,0039,3128,0914,1375,0060,6971,9185,870 0Pp0%All museum staff are allowed to access storage spacesLack of written storage management procedures(circulation inside storage,security,maintenance,etc.)Staff have not received adequate trainingThere are difficulties identifying the staff in charge ofstorage managementYesNo36 3.5.Infrastructure and documentation Professionals observations on storage infrastructure largely confirm those of the ICCROM survey carried out a few years ago.According to the latter,two in three museums lamented a lack of space,and one in two complained of a lack of storage units.One in three museums felt that their storage spaces were inadequately cleaned,as was the maintenance of their buildings.Finally,for one museum in four,objects remained on the floor in the storage spaces,and the location of collections remained problematic.Current results confirm this trend(Fig.34).Fig.34.Infrastructure and Documentation(%)Lack of space is mentioned by over 53%of all institutions,and lack of storage units by 48%.Insufficient cleaning was mentioned by almost 40%of museums,while lack of maintenance was highlighted by almost 23%.Although almost all museums have a system for documenting their collections,this is reported as incomplete in over 40%of cases,while location problems are mentioned in one in four cases.However,there are significant regional differences in these results(Tab.6).22,9750,0930,1225,0939,8453,2719,7940,9948,234,4277,0349,9169,8874,9160,1646,7380,2159,0151,7795,580 0Pp0%No storage building maintenance for 10 years or moreNo temporary storage places for quarantineObjects are left on the floor of the storage areaObjects in storage have no precise locations on thedatabaseStorage is not cleaned at least once a monthStorage space is fullStorage spaces are disorderedThe documentation system is incompleteThere is a lack of storage equipment(shelves,racking,cabinets etc.)There is no documentation systemYesNo37 Tab.6.Conservation issues by region No storage building maintenance for 10 years or more No temporary storage places for quarantine Objects are left on the floor of the storage space Objects have no precise locations on the database Storage is not cleaned at least once a month Storage space is full Storage spaces are disordered The doc.system is incomplete Lack of storage equipment There is no doc.system Africa 45,45e,456,364,55%,45P,91,36X,18i,09%7,27%Arab States 38,10R,38B,86W,14G,62a,903,33W,14W,14,05%Asia and Pacific 21,589,570,22#,021,65E,32,715,258,13%6,47stern Europe 25,71W,14,00,86%,71T,29,29&,67V,19%4,76%Latin America and the Caribbean 32,10V,79),632,10,22T,32#,46Q,85b,96%9,88%North America 10,29Q,470,88,06R,94B,65 ,593,823,82%1,47%Western Europe and others 20,66H,87,60#,53E,55U,66 ,21A,93F,76%2,87%Objects Less than 1000 24,49 56,12 25,51 33,67 47,96 50,00 20,41 38,78 52,04 11,22 Less than 5000 25,67 58,29 32,62 30,48 32,62 54,55 19,79 43,32 52,41 6,42 5000-10000 18,67 49,33 24,00 18,00 32,67 47,33 14,00 44,00 46,00 2,67 10000-20000 29,86 56,25 32,64 26,39 45,14 51,39 21,53 44,44 48,61 6,94 20000-50000 19,86 47,95 34,93 25,34 40,41 58,22 17,81 41,10 47,95 1,37 50000-100000 25,58 52,71 34,88 27,91 42,64 55,81 24,03 37,21 49,61 3,88 100000-500000 18,75 44,44 25,00 20,14 32,64 47,92 20,83 38,89 43,75 2,78 500000-1000000 15,09 30,19 24,53 18,87 50,94 71,70 22,64 39,62 52,83 1,89 More than 1000000 24,69 37,04 33,33 20,99 50,62 53,09 19,75 37,04 40,74 1,23 While the issue of collection documentation does not appear to be a problem for North American and European museums,those in Latin America,Africa and Arab States still regard it as relatively important.Overall,similarities can be observed when it comes to the lack of equipment,the location of objects,maintenance issues and the lack of quarantine facilities.On the other hand,there are fewer differences when it comes to disorder in storage spaces or the presence of objects on the floor.These regional differences are,however,relatively limited,as are those relating more generally to the size of the institutions(categorised on the basis of the number of objects in the collection).In their responses,the larger institutions sometimes report a much more positive situation with regard to certain aspects(notably the presence of a documentation system or the existence of a quarantine area),but in a large number of cases,their situation is quite similar to that of museums with smaller collections.38 3.6.Preventive conservation and risk management The ICCROM survey reported a number of difficulties related to security and preventive conservation,noting that one museum in five had experienced infestation problems(rodents,insects,etc.),and one museum in ten mentioned object theft.The findings of the present survey reveal similar,though potentially more limited,difficulties(Fig.35).Fig.35.Preventive conservation and risk management(%)Overall,museums are still highlighting major difficulties in terms of preventive conservation,in particular the maintenance of a stable hygrometric climate,highlighted by more than one museum in four(27%).Infestation issues are present in just under 10%of institutions(insects:8.5%,mould:10%,rodents,0.2%).The problem of theft,on the other hand,is virtually non-existent(less than 1%),but security issues to prevent intrusion remain a problem for around 10%of institutions.The regional breakdown of museums reveals some significant disparities between responses(Tab.7 and 8).Museums are not all equal when it comes to climate-related problems,and certain regions of 15,7213,3413,969,0119,5227,126,011,949,983,188,4816,7023,5911,0410,5184,2886,6686,0490,9980,4872,8893,9998,0690,0296,8291,5283,3076,4188,9689,490 0Pp0%Objects have been damaged due to climate problems(temperature,hygrometry)Protection against earthquakes is not at an adequatelevelProtection against flooding is not at an adequate levelSecurity protection systems against intrusion are not atan adequate levelStaff have not been trained to apply the planThere are difficulties maintaining a stable hygrometriclevel in storage spacesThere are no fire detection devicesThere is a theft problemThere is currently a mould problemThere is currently a rodent infestationThere is currently an insect infestationThere is no automatic fire suppression systemThere is no emergency plan for collectionsThere is no emergency plan for staffThere is no monitoring for pests(rodents,insects etc.)YesNo39 the globe are clearly more affected than others in this respect.For example,responses concerning difficulties in maintaining a stable hygrometric system are almost three times higher,depending on whether the museum is located in Eastern Europe(over 60%)or in Western Europe(around 20%of museums have problems)while almost four in ten museums located in Asia-Pacific,the Arab countries or Africa mention difficulties.Infestation issues show similar disparities,while security problems are also reported to be four times greater in some regions than in others.Tab.7.Preventive conservation and risk management by regions Objects damaged due to climate problems Protection against earthquakes not at an adequate level Protection against flooding not at an adequate level Security protection systems not at an adequate level Staff have not been trained to apply the plan Difficulties maintaining a stable hygrometric level No fire detection devices Theft problem Africa 27,27,27,00#,646,368,18,27%3,64%Arab States 33,33(,57,29#,818,10B,86(,57,05%Asia and Pacific 26,62#,74,99,231,658,13%4,32%2,88stern Europe 26,670,48$,76,38,62b,86%9,52%2,86%Latin America and the Caribbean 4,94%4,94%9,88%8,64%9,88,11%6,17%1,23%North America 19,12%7,35,24,76 ,59%,00%2,94%0,00%Western Europe and others 11,16%8,45%9,80%5,88,78,91%3,62%1,21%Global 15,72,34,96%9,01,52,12%6,01%1,94%Tab.8.Preventive conservation and risk management by region(following)Mould problem Rodent infestation Insect infestation No automatic fire suppression system No emergency plan for collections No emergency plan for staff No monitoring for pests Africa 12,73%7,27,73C,64R,73,27,55%Arab States 19,05,05#,81(,57W,148,10(,57%Asia and Pacific 17,99%5,76,99,23&,62,11,30stern Europe 20,00%3,81,436,19 ,95,48,19%Latin America and the Caribbean 4,94%0,00%1,23%9,88,11%9,88%0,00%North America 4,41%1,47%2,94,76,12%8,82%8,82%Western Europe and others 7,39%2,26%6,64,27!,87%8,45%7,69%Global 9,98%3,18%8,48,70#,59,04,51 Once again,the size of the institution seems to influence a number of responses,but not all:the museums that most often mention problems in terms of protection against earthquakes,floods or security(theft or fire)are generally smaller in size(with few visitors),but preventive conservation risks seem to affect both large and small institutions in most cases,for example when it comes to questions of infestation(insects,mould,etc.).Similarly,collection size does not appear to be a significant factor in relation to responses(Appendix 4).41 4.Funding,communication and the future of storage The final part of the survey focused on managers position with regard to storage financing,management and development.They were asked to position themselves about several statements linked to this theme(Fig.36 to 38).They were then asked to make statements about the future of the storage(Fig.39).Here,the question of the financing and organisation of the storage,their value and their potential evolution in the coming years will be addressed in turn.Fig.36.Professionalsattitude towards storage funding 4.1.Funding and storage management The majority of museums responding to our survey regret report they do not receive adequate funding for storage management.Overall,only 24%,or one in four institutions,consider that they receive sufficient funding for storage operations.The regions in which museums disagree most strongly to this statement are Africa(almost 70%object more or less strongly)and Latin America(71%)(Fig.37).It is generally the largest institutions(which receive the most visitors)that consider themselves the best funded(Appendix 5).The situation is slightly better when it comes to staffing:one museum in three considers that it has enough staff to manage its storage.While the situation remains problematic for a majority of museums,storage is considered a high priority by museum management by almost 65%of institutions,or two in three museums.This represents a slight improvement compared to the situation described in the 2011 ICCROM survey,where two in five museums complained of lack of support from their management.5,349,1419,0023,8917,8310,9511,7616,9228,7834,3028,6920,5418,1924,1634,5718,2819,7322,5335,4832,3110,6816,5623,6231,4929,2317,476,976,9710,1414,480 0Pp0%Storage management is a high priority for our museummanagement teamWhen we acquire new objects,we consider the long-term costs associated with the acquisition energy costs,conservation costs,collection management costs,Collections storage is more important than the visitor-focused activities exhibitions,educationStorage management receives adequate fundingStorage management receives adequate staffFuture investment is scheduled for storage areasStrongly disagreeDisagreeNeutralAgreeStrongly agree42 Fig.37.Storage management receives adequate funding Perhaps this assertion needs to be put into perspective,since almost a quarter of managers who completed the questionnaire are museum directors(Fig.1);therefore,there is significantly higher agreement(almost 80%)for the responses from directors.Storage managers are less clear-cut in their opinion,but more than two-thirds of them agree with this statement(Appendix 5.1).The same is generally true of the work that could be carried out in the storage spaces:just over 45%of facilities agree that future investment is planned,to solve the problems mentioned above.This statement received a similar response across all regions,although it was more widely accepted(over 60%)in the museums with the highest visitor numbers.In terms of management,almost half of the museums that responded cited the consideration of acquisitions in terms of the related costs for energy,conservation,collection management or space,as part of the procedures in place.Once again,it is the directors and heads of communications and public relations who favour this statement,while storage professionals are much more reserved in this respect(12%disagree with this statement,compared with 4%the directors).The same distribution is found between small and large institutions,with the latter clearly having further integrated this evaluation practice(see appendix 5.1).Overall,at museum level,collection management issues are seen as less important than visitor-focused issues(exhibition and education),although the situation is somewhat unclear in this respect:almost half of all institutions(48%)consider visitors to be the main focus,while fewer than one in five(17%)prioritise storage,and more than one in three(35%)take a neutral stance.This neutral attitude,favoured by the directors and communications managers(46%)who responded to the survey,implies that the two activities are equally prioritised,something that collection managers and conservators seem to share to a lesser extent.29,3024,3520,3116,2434,5530,0017,4822,3332,5022,9523,4836,9034,4234,1526,5034,5515,0030,0733,0138,7544,2634,5314,9318,5122,7715,3818,185,0016,0820,3912,5019,6719,4412,6817,2117,2324,795,4510,0020,9819,4212,509,8417,426,205,525,5417,097,2740,0015,384,853,753,285,130 0Pp0%Less than 10000 visitors a year10000-50000 visitors50000-500000 visitorsMore than 500000 visitorsAfricaArab StatesAsia and PacificEastern EuropeLatin America and the CaribbeanNorthern AmericaWestern EuropeStrongly disagreeDisagreeNeutralAgreeStrongly agree43 4.2.Access and communication around storage According to the museums that responded,more than half(55%)have made their storage spaces accessible to researchers and the public provided they follow a written procedure.Nearly 30%,however,i.e.almost a third of institutions(especially the larger ones),do not guarantee access(Fig.38).Accessibility for the general public remains much more limited:more than 87%of institutions all regions and sizes combined consider that public access during museum opening hours is not possible,while barely 5%of museums state that they can offer this service.Some museums have resolved the question of access to storage by integrating part of it into permanent exhibitions.This type of solution,which is much talked about today,is still rarely used by museums:just over 12%of them have partly opted for this solution including 2%to a greater extent.This option is more regularly found in the newest museums(the oldest ones are the least likely to opt for these solutions),particularly in Asia-Pacific countries(see appendix 5.2).Fig.38.Professionals attitude towards storage communication During the Covid-19 pandemic,when museums were closed,the question of communication about storage was the subject of numerous experiments28.A third of the museums that responded said they regularly communicated about their storages through conferences or social media.The museums that were the most active on this topic,regionally speaking,tend to be located in Asia-Pacific and Latin America;the most enthusiastic are the newest,but above all the largest a view 28 UNESCO,Museums around the World in the Face of Covid-19 May 2020,Paris,UNESCO(UNESCO Report).21,0965,5257,9210,5034,5732,6722,9922,1721,9018,3721,9927,9622,175,797,2415,2911,8619,9124,074,6210,5936,3821,7214,939,681,902,3519,469,864,520 0Pp0%We regularly communicate about storage through visitsconferences or via the internet social mediaStorage areas are fully accessible to the public duringmuseum hoursSome storage areas are included in the permanentexhibitions circuitStorage areas are fully accessible for museum professionals,researchers or the public,if they follow a written procedureWe organize some events and specific visits to storage areasfor the general publicWe have some specific programs which relate to theinterpretation of storage areasStrongly disagreeDisagreeNeutralAgreeStrongly agree44 particularly supported by the communications and public relations managers who completed the questionnaire.(Tab.9 and Appendix 5.2).Tab.9 We regularly communicate about storage through visits,conferences or via the internet social media Strongly disagree Disagree Neutral Agree Strongly agree Total Africa 21,82 27,22 23,64 16,36 10,91 100,00 Arab States 35,00 15,00 10,00 15,00 25,00 100,00 Asia and Pacific 11,19 15,38 27,27 28,67 17,48 100,00 Eastern Europe 13,59 29,13 28,16 22,33 6,80 100,00 Latin America and the Caribbean 13,75 21,25 25,00 22,50 17,50 100,00 North America 21,31 31,15 21,31 19,67 6,56 100,00 Western Europe and other 24,88 23,02 20,06 24,88 7,15 100,00 Less than 10 years old 22,34 12,77 22,34 26,60 15,96 100,00 Between 11 and 20 years old 21,85 24,37 24,37 19,33 10,08 100,00 Between 21 and 50 years old 19,12 23,20 24,45 22,88 10,34 100,00 Between 51 and 100 years old 18,84 25,00 22,46 23,91 9,78 100,00 More than 100 years old 24,58 23,57 18,52 26,60 6,73 100,00 Less than 10000 visitors per year 25,07 19,44 25,35 21,41 8,73 100,00 10000-50000 visitors per year 20,13 27,27 21,43 22,40 8,77 100,00 50000-500000 visitors per year 18,46 24,92 20,00 26,46 10,15 100,00 More than 500000 visitors per year 18,80 17,09 20,51 29,91 13,68 100,00 Following the same logic,it is the largest and newest museums that tend to organise special events and tours of their storage spaces for the public(Fig.39),as well as offering specific interpretation programs(on average,almost one museum in five offers such programs,and one in three of those with more than 500,000 visitors).45 Fig.39.We organise some events and specific visits to storage areas for the general public(%)27,6635,2931,6635,5138,7224,4726,8925,7120,2916,8413,839,2414,7310,8710,1022,3422,6918,8122,8323,2311,705,889,0910,5111,110 0Pp0%Less than 10 years oldBetween 11 and 20 years oldBetween 21 and 50 years oldBetween 51 and 100 years oldMore than 100 years oldStrongly disagreeDisagreeNeutralAgreeStrongly agree46 4.3.Storage development in the next 10 to 15 years Finally,some final statements were presented to museum professionals concerning the possible development of storage in the coming years.These focused on two types of subject:how the general situation might evolve and how climate change might affect it,on one hand;the development of storage space infrastructure within museums(or externally)on the other(Fig.40).Fig.40.Storage development within the next 10 to 15 years On the whole,museums seem fairly optimistic about the place and importance of storage:almost three in four consider that storage will remain a central concern for their institution(even if the curators and conservator-restorers who completed the questionnaire are a little more sceptical in this respect)(Appendix 5.3).On a more practical level,museums seem more hesitant about the financial resources that will be invested in this area:while a third think that there will be just as much investment in the coming years(the most optimistic seem to be the oldest museums),around a quarter assume that activities geared towards the public will be given priority over storage.The vast majority of institutions(62%),on the other hand,assume that climate change will affect storage management.Museums in Asian and Arab countries are the most engaged in this respect(Fig.41).3,8918,2118,758,6123,102,816,7028,8026,7229,8926,727,7026,6330,9830,9837,8624,5514,4039,9517,0317,0317,6616,9440,8522,834,986,525,988,7034,240 0Pp0%Climate change will affect the cost of storagemanagementStorage management will evolve as an independentactivity,integrating museums and other institutionsNew types of independently managed facilities will beconstructed to store museum collectionsThere will be less and less investment in storage inrelation to the museum public activitiesCollections storage will progressively leave the museumbuilding for off-site facilitiesCollection and storage areas will remain a centralconcern priority for our museumStrongly disagreeDisagreeNeutralAgreeStrongly agree47 Fig.41.Climate change will affect the cost of storage management However,most institutions do not plan on major changes in storage management such as the ones mentioned in Museum International(autonomous storage,shared storage,public-private partnerships,etc.).One museum in two does not think that storage spaces will gradually be moved from main buildings to off-site facilities,despite the current situation in which 44%of institutions already have space outside their main buildings(Fig.18).Nearly half of all museums(46%)do not believe that new types of independent infrastructure can be created in the coming years either,but another quarter do think that this could be the case.This situation differs significantly between regions(Fig.42).Fig.42.New types of independently managed facilities will be constructed to store museum collections 6,254,981,8211,6512,503,286,8529,0910,0011,8930,1021,2532,7929,7541,8255,0048,2544,6635,0044,2636,9223,6435,0035,6612,6225,0016,3921,500 0Pp0ricaArab StatesAsia and PacificEastern EuropeLatin America and the CaribbeanNothern AmericaWestern Europe and otherStrongly disagreeDisagreeNeutralAgreeStrongly agree12,7320,007,6910,6821,2524,5922,1225,4515,0025,8729,1320,0036,0726,9534,5520,0026,5733,0136,2526,2331,4616,3635,0027,9718,4512,5011,4814,9510,9110,0011,898,7410,004,520 0Pp0ricaArab StatesAsia and PacificEastern EuropeLatin America and the CaribbeanNothern AmericaWestern Europe and otherStrongly disagreeDisagreeNeutralAgreeStrongly agree48 The museums expecting such changes are located in Asia-Pacific and Arab countries,i.e.in regions that have seen significant museum development in recent years(Appendix 5.3).In the same way,the idea that collections management could evolve independently,integrating not only museums but also the management of other types of collections(archives,libraries,private collections)is subject to similar scepticism.49 Conclusion The panorama of museum collections in storage shown by this report raises questions about their place within the institution.The resulting picture,sketched out by museum professionals,appears ambiguous:while storage still occupies an important place in museum infrastructure,and most museums(nearly 80%)have on-site facilities,the lack of space and resources is reported by the majority of responses.More than half of museums(55%)have spaces specifically designed to house collections(those not designed as such do not seem to meet needs in 75%of cases),and 44%also claim to have off-site storage spaces(sometimes quite far from the museum).However,almost all institutions mention difficulties in terms of capacity:almost two museums in five report that they no longer have enough space,while almost one museum in two believes that they have a storage capacity of approximately 15%of their space.The proportion of inventoried objects covers almost all of the collection in over 40%of cases,and around 75%in 30%of cases.Slightly less than one museum in three worldwide would therefore have a largely incomplete inventory,and even fewer mention the absence of documentation systems.Over the last ten years,museum collections have grown by an average of 5-10%,according to the estimates of the professionals who responded to the survey.A number of probably newer institutions report even greater increases:15%report increases of 50%,and almost 9%have even seen their collections more than double.Despite this steady increase,most of the professionals who responded to the survey are relatively positive about the development of storage,with the majority considering that the situation has improved over the last ten years;only a small number(less than 15%)consider that the situation has deteriorated.The use of collections in storage,as reported by museums,remains largely reserved for research purposes or for exhibition loans.Just over 10%of the institutions in the sample seek to showcase more widely their collections to the general public,setting up visible(if not visitable)storage spaces,while almost 20%organize tours or events.More than half(55%)guarantee access to their storage for researchers and the public provided they follow a written procedure.However,almost one museum in three(particularly the larger ones)cannot guarantee such access.Overall,the condition of storage facilities around the world is assessed rather unfavourably by a majority of museums,particularly with regard to the lack of equipment.This observation echoes that made by ICCROM in 2011,which highlighted the fact that one museum in two does not have sufficient storage units,that two museums in three lack space,and that two museums out of five had storage units that were not suitable for their collections.With regard to the management of storage spaces,the responses to the present survey are in line with those of the previous one,mentioning the same problems of staff training(almost 30%),the fact that storage spaces are accessible to all staff(one museum in four reports that anyone can enter the storage spaces)and storage 50 management procedures(almost 40%underline inadequacies in this respect).On the whole,small museums have far more difficulties in this respect(between a third and half of responses)than larger museums(usually less than 10%),which receive the most visitors.The lack of storage space is noted by more than half of all institutions,as is the lack of storage units.The issue of inadequate cleaning was raised by almost 40%of respondents,while infrastructure maintenance problems were highlighted by almost one museum in four.In terms of security,museums overall note major difficulties in terms of preventive conservation,and in particular the maintenance of a stable hygrometric climate,highlighted by more than one museum in four(27%).Infestation issues(rodents,mould,etc.)are present in just under 10%of institutions.The problem of theft appears to be limited,but security issues to prevent intrusions remain a problem for around 10%of institutions.In this respect,the size of the facilities seems to influence some of the findings.With regard to the management and funding of storage,the majority of the museums that responded complain that they do not have sufficient resources for storage management.Overall,only one museum in four considers that it receives sufficient funding to run its storage spaces.Museums seem to be fairly optimistic about the importance of storage within museums:almost three in four consider that collections and storage will remain a central concern for their institution,but around a quarter think that activities aimed at the public will be given priority over storage.The vast majority of institutions(62%),on the other hand,assume that climate change will affect storage management.The vision that emerges from this survey reflects a fairly classic view of the museum,upheld by the vast majority of institutions(although it is possible to speculate that it was precisely those types of museums that responded to the questionnaire).It is interesting to note the extent to which the problems raised in this report appear to be shared even if there are differences by all types of museums,whatever their collections and size,and in all regions of the world.The objectives of the professionals in charge of them remain first and foremost focused on heritage preservation,still present in ICOMs new museum definition,and it is in this context that they consider the development of the museum,certainly influenced by the move towards more environmentally friendly practices,but still centred on museum collections.The particularly lively debates surrounding the museum definition at the ICOM General Conference in Kyoto in 2019 revealed other visions of the museum,more or less entirely devoted to its role within society and towards communities.The resulting social actions linked to inclusion and accessibility,shared by a large number of professionals,were not mentioned often in the responses gathered through this survey.In that sense,while the report provides a more objective overview of the current state of affairs,and some of the main characteristics of the current museum storage landscape,it does not constitute the entire museum landscape as it exists and is shared through ICOM and its national or international committees.In this sense,it requires a reading that takes into account the diversity of the institutions functions,and their development over the decades.51 In this first quarter of the 21st century,the future we are building appears uncertain,to say the least,both politically and in terms of our environment.However,it is clear from this report that a considerable number of museum professionals will devote themselves body and soul to ensuring the best possible preservation of the tangible and intangible heritage on which our humanity is founded.53 APPENDICES 54 1.Museum participation in the survey Distribution of responses Total of answers Percentage by country(%)Distribution of museums by country(UNESCO list of 2021)(%)Distribution of ICOM Membership (%)North America 68 6,01 34,03 5,91 Canada 27 2,39 2,16 1,00 United States 41 3,62 31,86 4,91 Western Europe and other 663 58,75 26,86 74,37 Austria 9 0,80 0,75 4,51 Belgium 44 3,89 0,88 3,67 Denmark 15 1,33 0,35 3,90 Finland 8 0,71 0,31 2,05 France 119 10,69 4,63 9,83 Germany 44 3,89 6,49 13,58 Greece 5 0,44 0,47 0,61 Iceland 3 0,27 0,05 0,30 Ireland 4 0,35 0,31 0,13 Israel29 3 0,27 0,22 1,69 Italy 158 13,96 3,08 5,09 Luxembourg 6 0,53 0,04 0,38 Netherlands 26 2,30 0,66 14,07 Norway 4 0,35 0,59 1,29 Portugal 15 1,33 0,64 0,68 Spain 114 10,07 1,67 3,03 Switzerland 39 3,45 1,09 3,94 United Kingdom 27 2,39 3,07 3,78 Sweden 17 1,50 1,09 1,53 Turkey 3 0,27 0,50 0,30 Eastern Europe 105 9,28 10,49 9,01 Azerbaijan 0 0,00 0,21 0,43 Bulgaria 1 0,09 0,22 0,22 Croatia 5 0,44 0,16 0,30 29 UNESCO includes Israel,the United States and Canada in the Western Europe group.For the purposes of this survey,a separation has been made between Europe and North America.Czech Republic 3 0,27 0,46 1,01 Estonia 7 0,62 0,17 0,51 Georgia 2 0,18 0,31 0,92 Hungary 1 0,09 0,78 0,62 Latvia 21 1,86 0,15 0,25 Lithuania 5 0,44 0,10 0,22 Montenegro 1 0,09 0,02 0,04 Poland 12 1,06 1,19 0,91 Russian Federation 4 0,35 5,22 2,03 Romania 3 0,27 0,42 N/A Serbia 9 0,80 0,14 0,48 Slovakia 28 2,47 0,21 0,41 Slovenia 2 0,18 0,09 0,34 Ukraine 1 0,09 0,62 0,31 Latin America 81 7,16 7,73 3,15 Antigua and Barbuda 0 0,00 0,00 N/A Argentina 8 0,71 1,14 0,33 Brazil 25 2,21 3,76 1,48 Chile 7 0,62 0,31 0,18 Colombia 6 0,53 0,45 0,16 Ecuador 5 0,44 0,18 0,11 El Salvador 2 0,18 0,01 0,03 Guatemala 2 0,18 0,02 0,06 Mexico 13 1,15 1,27 0,49 Panama 4 0,35 0,02 0,06 Paraguay 6 0,53 0,14 0,03 Peru 1 0,09 0,22 0,12 Uruguay 2 0,18 0,21 0,10 Asia and Pacific 139 12,28 16,49 4,50 Australia 17 1,50 0,89 1,20 Bangladesh 3 0,27 0,02 0,07 Bhutan 1 0,09 0,00 N/A China 63 5,57 5,33 0,40 India 3 0,27 0,48 0,24 Indonesia 1 0,09 0,16 N/A Iran,Islamic Republic of 2 0,18 0,60 0,25 Japan 16 1,41 5,53 1,42 Korea,Republic of 2 0,18 1,06 0,19 55 Kyrgyzstan 1 0,09 0,06 N/A Macao,China 1 0,09 N/A N/A Malaysia 1 0,09 0,23 0,04 Myanmar 1 0,09 0,10 0,05 Nepal 1 0,09 0,03 0,11 New Zealand 14 1,24 0,23 0,11 Pakistan 2 0,18 0,04 0,05 Philippines 5 0,44 0,18 0,14 Singapore 2 0,18 0,06 0,11 Taiwan,China 2 0,18 N/A 0,12 Thailand 1 0,09 1,47 N/A Africa 55 4,86 0,50 0,62 Benin 3 0,27 0,01 0,02 Burkina Faso 3 0,27 0,03 0,10 Cameroon 1 0,09 0,06 0,03 Cte dIvoire 3 0,27 0,01 0,09 Ghana 2 0,18 0,01 0,04 Guinea 1 0,09 0,01 N/A Madagascar 1 0,09 0,03 0,03 Mozambique 1 0,09 0,02 0,00 Nigeria 3 0,27 0,05 0,02 Senegal 4 0,35 0,03 0,06 Seychelles 1 0,09 0,00 0,02 South Africa 25 2,21 0,22 0,10 Tanzania,United Republic of 2 0,18 0,01 N/A Togo 2 0,18 0,01 N/A Uganda 1 0,09 0,01 0,01 Zambia 2 0,18 0,00 0,11 Arab States 21 1,86 0,29 0,41 Egypt 5 0,44 0,08 0,06 Iraq 2 0,18 0,02 0,01 Kuwait 1 0,09 0,00 0,00 Lebanon 2 0,18 0,02 0,11 Morocco 1 0,09 0,04 0,07 Oman 1 0,09 0,01 0,02 Sudan 2 0,18 0,02 N/A Tunisia 3 0,27 0,08 N/A United Arab Emirates 2 0,18 0,01 0,14 Yemen 2 0,18 0,01 0,01 TOTAL 1132 56 Location of the participating museums by region Region The capital city/largest city of your country%An island%A small or medium sized city,in relation to the capital%A rural area%Totalrica 22 40,00 3 5,45 22 40,00 8 14,55 55 100,00 Arab States 11 52,38 0 0,00 7 33,33 3 14,29 21 100,00 Asia and Pacific 58 40,28 2 1,39 71 49,31 13 9,03 144 100,00 Eastern Europe 42 40,00 0 0,00 53 50,48 10 9,52 105 100,00 Latin America and the Caribbean 42 51,85 1 1,23 36 44,44 2 2,47 81 100,00 North America 14 20,59 1 1,47 41 60,29 12 17,65 68 100,00 Western Europe and others 153 23,25 21 3,19 385 58,51 99 15,05 658 100,00 Total 342 28 615 147 1132 Distribution of responses by region and museum size(Nb of visitors)Region Less than 10000 visitors per year000-50000 visitors per yearP000-500000 visitors per year%More than 500000 visitors per year%Totalrica 30 54,55 17 30,91 8 14,55 0 0,00 55 100,00 Arab States 13 61,90 5 23,81 1 4,76 2 9,52 21 100,00 Asia and Pacific 29 20,14 25 17,36 45 31,25 45 31,25 144 100,00 Eastern Europe 35 33,33 35 33,33 27 25,71 8 7,62 105 100,00 Latin America and the Caribbean 37 45,68 22 27,16 19 23,46 3 3,70 81 100,00 North America 22 32,35 10 14,71 23 33,82 13 19,12 68 100,00 Western Europe and others 197 29,94 202 30,70 210 31,91 49 7,45 658 100,00 Total 363 316 333 120 1132 Distribution of responses by region and number of objects Region Less than 1000 Less than 5000 5000-10000 10000-20000 20000-50000 50000-100000 100000-500000 500000-1000000 More than 1000000 Total Africa 7 23 6 6 6 1 3 1 2 55 Arab States 7 4 0 0 4 2 2 0 2 21 Asia and Pacific 11 15 18 24 16 20 26 2 12 144 Eastern Europe 6 10 14 16 12 17 20 6 4 105 Latin America and the Caribbean 8 24 17 9 10 9 3 0 1 81 North America 4 6 12 8 18 7 7 2 4 68 Western Europe and others 55 105 83 81 80 73 83 42 56 658 Total 98 187 150 144 146 129 144 53 81 1132 57 2.Characteristics of the museums participating in the survey 2.1.Study of staff distribution Number of staff Full-time Equivalent per annual number of visitors(1132 responses)0 Less than 5 5 to 10 11 to 25 26 to 50 51 to 100 100 to 300 More than 300 Total(%)Less than 10000 visitors per year 10,47 49,04 21,49 12,40 3,58 1,65 0,83 0,55 100,00 10000-50000 visitors per year 0,63 18,35 24,05 31,96 15,51 6,96 1,90 0,63 100,00 50000-500000 visitors per year 0,00 3,90 7,21 20,12 28,83 23,72 15,02 1,20 100,00 More than 500000 visitors per year 0,00 1,67 1,67 4,17 4,17 15,83 43,33 29,17 100,00 Number of staff full-time equivalent per region(1132 responses)Region 0 Less than 5 5 to 10 11 to 25 26 to 50 51 to 100 100 to 300 More than 300 Total(%)Africa 1,82 29,09 41,82 7,27 10,91 3,64 3,64 1,82 100,00 Arab States 4,76 19,05 14,29 19,05 28,57 4,76 4,76 4,76 100,00 Asia and Pacific 2,78 12,50 11,11 16,67 8,33 19,44 23,61 5,56 100,00 Eastern Europe 0,95 13,33 19,05 19,05 18,10 15,24 8,57 5,71 100,00 Latin America and the Caribbean 3,70 28,40 7,41 24,69 16,05 12,35 7,41 0,00 100,00 North America 1,47 23,53 17,65 11,76 14,71 10,29 16,18 4,41 100,00 Western Europe and others 4,41 24,32 15,20 20,97 14,74 9,42 7,29 3,65 100,00 Number of staff full-time equivalent per type of collection(2717 answers)Nb of staff FTE Applied Arts(including musical instruments)Archaeology Combination of various collections Ethno-graphy Fine Arts History Military Natural History Science and Technology 0 4,31 3,15 5,26 3,04 3,23 3,60 3,66 3,48 4,31 Less than 5 19,62 23,10 31,58 22,38 18,71 21,02 19,37 28,70 19,62 5 to 10 13,88 15,49 31,58 13,26 17,52 15,53 15,18 13,48 13,88 11 to 25 22,01 21,78 10,53 20,17 21,94 19,70 21,47 22,17 22,01 26 to 50 14,35 13,39 10,53 14,64 12,93 14,39 14,66 9,57 14,35 51 to 100 11,96 11,81 0,00 13,81 10,20 12,12 15,18 10,43 11,96 100 to 300 9,09 7,87 5,26 8,56 10,54 9,47 5,24 8,26 9,09 More than 300 4,78 3,41 5,26 4,14 4,93 4,17 5,24 3,91 4,78 Total(%)100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 Number of objects per type of collection(multiples responses 2717)Nb of objects Applied Arts(including musical instruments)Archaeology Combination of various collections Ethnography Fine Arts History Military Natural History Science and Technology Less than 1000 10,05 8,40 5,26 7,73 8,50 9,47 9,42 11,74 10,05 58 Less than 5000 14,83 16,54 26,32 16,30 16,16 17,05 14,66 15,22 14,83 5000-10000 11,00 15,49 10,53 14,36 12,07 12,69 13,09 14,78 11,00 10000-20000 12,92 13,39 10,53 10,77 11,56 11,74 12,04 13,04 12,92 20000-50000 15,79 12,07 26,32 14,64 12,76 12,69 14,14 17,39 15,79 50000-100000 10,05 8,66 10,53 11,88 10,88 11,17 12,04 6,09 10,05 100000-500000 15,31 14,17 0,00 13,81 16,33 12,69 14,66 13,04 15,31 500000-1000000 3,35 4,99 0,00 4,14 4,76 5,87 4,71 4,35 3,35 More than 1000000 6,70 6,30 10,53 6,35 6,97 6,63 5,24 4,35 6,70 Total (%)100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 100,00 Percentage of the collection displayed to the public per region(1128 answers)Region Less than 2%2%to 5%6%to 15%to 25&%to 50Q%to 75v%to 90%More than 90%Total(%)Africa 10,91 25,45 10,91 20,00 10,91 10,91 5,45 5,45 100,00 Arab States 14,29 4,76 38,10 0,00 23,81 0,00 14,29 4,76 100,00 Asia and Pacific 27,08 25,69 19,44 8,33 9,03 4,86 3,47 2,08 100,00 Eastern Europe 15,24 27,62 26,67 16,19 8,57 4,76 0,00 0,95 100,00 Latin America and the Caribbean 20,25 26,58 24,05 13,92 5,06 7,59 1,27 1,27 100,00 North America 26,47 42,65 19,12 7,35 2,94 1,47 0,00 0,00 100,00 Western Europe and others 23,93 20,58 24,39 12,20 7,77 6,55 2,74 1,83 100,00 Number of staff dedicated to registration per region(1132 responses)Region 0 1 2 to 4 5 to 10 11 to 25 More than 25 Total(%)Africa 12,73 34,55 38,18 7,27 3,64 3,64 100,00 Arab States 9,52 28,57 38,10 4,76 19,05 0,00 100,00 Asia and Pacific 10,42 32,64 31,25 13,19 6,25 6,25 100,00 Eastern Europe 4,76 30,48 32,38 18,10 9,52 4,76 100,00 Latin America and the Caribbean 9,88 39,51 44,44 6,17 0,00 0,00 100,00 North America 17,65 39,71 25,00 14,71 1,47 1,47 100,00 Western Europe and others 14,13 44,38 31,91 6,23 2,28 1,06 100,00 Number of staff officially responsible for storage per region(1132 responses)Region None 1 2 to 4 5 to 10 11 to 25 More than 25 Total(%)Africa 12,73 34,55 43,64 3,64 3,64 1,82 100,00 Arab States 19,05 38,10 14,29 14,29 9,52 4,76 100,00 Asia and Pacific 12,50 20,83 32,64 19,44 11,81 2,78 100,00 Eastern Europe 4,76 30,48 40,00 12,38 7,62 4,76 100,00 Latin America and the Caribbean 9,88 34,57 50,62 3,70 0,00 1,23 100,00 North America 13,24 39,71 32,35 7,35 5,88 1,47 100,00 Western Europe and others 16,57 40,88 34,04 5,02 2,13 1,37 100,00 59 3.Type of storage space 3.1.On-site storage On-site storage total surface area per region(888 responses)Region I dont know 0-200 ft(0-19m)200-500 ft(20-49m)500-1000 ft(50-99m)1000-2500 ft(100-249m)2500-5500 ft(250-499m)5500-10500 ft(500-1000m)More than 10500 ft(1000m)Total Africa 7 5 8 7 6 2 1 2 38 Arab States 3 0 6 3 1 1 1 1 16 Asia and Pacific 16 3 4 8 16 7 20 42 116 Eastern Europe 13 4 4 14 11 9 9 13 77 Latin America and the Caribbean 4 8 13 6 9 12 8 6 66 North America 14 2 2 9 6 8 8 9 58 Western Europe and others 63 31 49 64 109 67 79 55 517 Total 120 53 86 111 158 106 126 128 888 Capacity of on-site storage spaces per region(1027 responses)Region Our storage space is full Between 0 and 15tween 15%and 25tween 25%and 50%More than 50%Total(%)Africa 39,22 33,33 7,84 9,80 9,80 100,00 Arab States 36,84 21,05 31,58 10,53 0,00 100,00 Asia and Pacific 21,43 42,14 13,57 14,29 8,57 100,00 Eastern Europe 29,81 45,19 12,50 7,69 4,81 100,00 Latin America and the Caribbean 47,14 32,86 10,00 5,71 4,29 100,00 North America 23,44 54,69 18,75 3,13 0,00 100,00 Western Europe and others 37,82 42,49 11,92 5,18 2,59 100,00 3.2.Off-site storage Specific off-site storage for collections per region(1123 responses)Region We have specific off-site storage for collections We do not have specific off-site storage for collections Total(%)Africa 18,18 81,82 100,00 Arab States 42,86 57,14 100,00 Asia and Pacific 29,37 70,63 100,00 Eastern Europe 31,73 68,27 100,00 Latin America and the Caribbean 13,58 86,42 100,00 North America 45,45 54,55 100,00 Western Europe and other 54,21 45,79 100,00 60 Off-site storage spaces access time from the museum per location(449 responses)Less than 10 minutes on foot Less than 15 minutes by car Between 15 and 30 minutes by car More than 30 minutes by car Total A rural area 34,78 28,26 19,57 17,39 100,00 A small or medium sized city,in relation to the capital 20,68 32,33 28,95 18,05 100,00 An island 50,00 25,00 25,00 0,00 100,00 The capital city/largest city of your country 5,78 9,83 35,26 49,13 100,00 Off-site storage spaces access authorisation per region(489 responses)Region Exclusively for our museum Shared with other museums Shared with other public institutions Shared with public and private institutions or collectors Total%)Africa 90,00 0,00 10,00 0,00 100,00 Arab States 66,67 11,11 22,22 0,00 100,00 Asia and Pacific 78,57 4,76 2,38 14,29 100,00 Eastern Europe 81,82 9,09 9,09 0,00 100,00 Latin America and the Caribbean 72,73 9,09 9,09 9,09 100,00 North America 43,33 23,33 13,33 20,00 100,00 Western Europe and others 57,34 17,23 15,82 9,60 100,00 Total 61.14 15.33 11.45 9.60 100.00 3.3.Collections documentation Type of documentation system per number of objects Manual Computerised/digital Both manual and computerised/digital Total(%)Less than 1000 14,29 35,71 50,00 100,00 Less than 5000 16,04 37,97 45,99 100,00 5000-10000 4,79 39,04 56,16 100,00 10000-20000 11,19 36,36 52,45 100,00 100000-500000 3,52 38,73 57,75 100,00 20000-50000 2,08 44,44 53,47 100,00 50000-100000 2,33 44,19 53,49 100,00 500000-1000000 1,89 52,83 45,28 100,00 More than 1000000 1,23 40,74 58,02 100,00 61 A.Museums with a manual and computerised documentation system Does the museum have a physical registry or inventory book?(591 responses)A copy of the physical registry or inventory book is kept in a safe place(499 responses)Region Yes No Total(%)Yes No Total(%)Africa 86,96 13,04 100,00 65,22 34,78 100,00 Arab States 80,00 20,00 100,00 33,33 66,67 100,00 Asia and Pacific 95,60 4,40 100,00 78,02 21,98 100,00 Eastern Europe 97,30 2,70 100,00 70,27 29,73 100,00 Latin America and the Caribbean 77,08 22,92 100,00 42,86 57,14 100,00 North America 51,85 48,15 100,00 48,15 51,85 100,00 Western Europe and others 86,26 13,74 100,00 61,07 38,93 100,00 Global 87,00 13,00 100.00 64,00 36,00 100,00 Percentage of registered objects included in the inventory book region(591 responses)None Around 10%Around 25%Around 50%Around 75%Almost 100%Total(%)Africa 8,70 4,35 4,35 17,39 47,83 17,39 100,00 Arab States 20,00 20,00 6,67 6,67 13,33 33,33 100,00 Asia and Pacific 1,10 2,20 1,10 7,69 21,98 65,93 100,00 Eastern Europe 1,35 0,00 4,05 4,05 21,62 68,92 100,00 Latin America and the Caribbean 4,17 8,33 6,25 14,58 35,42 31,25 100,00 North America 29,63 0,00
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DRAFT FOR CONSULTATION DRAFT FOR CONSULTATION Table of contents Acknowledgement of Country.1 Early Years Strategy Executive Summary.2 Demographics.8 Strategy overview.9 Guiding Principles.10 Outcomes.11 Priority Focus Areas.12 Children and their early years matter.13 We know a lot about what matters in early childhood.18 A commitment to a fairer outcome for children.27 Over the next decade the Australian Government will deliver better early childhood outcomes.32 The Early Years Strategy vision,principles,outcomes and priority focus areas.42 The Vision.42 The Guiding Principles.44 The Outcomes.46 The Priority Focus Areas.50 Delivery through Action Plans.59 Appendix 1 How the Strategy was developed.61 Appendix 2 The evidence in detail.63 What we know about Australias young children and how they are faring.63 Appendix 3 Australian Government Supports and Services.70 Appendix 4 Spotlight on strategies.74 DRAFT FOR CONSULTATION Acknowledgement of Country The Australian Government acknowledges the traditional owners of Country throughout Australia on which we gather,live,work and stand.We acknowledge all traditional custodians,their Elders past,present and emerging,and we pay our respects to their continuing connection to their culture,community,land,sea and water.1 DRAFT FOR CONSULTATION Early Years Strategy Executive Summary Introduction Every child deserves the opportunity for the best start to life,setting a strong foundation to achieve their goals and dreams,no matter where they are born or raised.In Australia,there are more than 1.5 million children who are between 0 and 5 years of age.All of these children should have a strong start in life and thrive in their early years.They should reach their full potential,nurtured by empowered and connected families,who in turn,are supported by strong communities.This is the Australian Governments vision for the early years.The Early Years Strategy is the overarching 10-year framework to shape how the Australian Government prioritises young childrens wellbeing and delivers the best possible outcomes for Australias young children.It is an ambitious call to action to help drive and align policy efforts and investments.This is a wellbeing strategy that respects childrens rights.The Strategy has been shaped by evidence and what we have heard in consultations with parents,families,carers,early childhood experts,the early childhood sector and young children.Why an Early Years Strategy The Australian Government has developed the Early Years Strategy to articulate the value we place on the early years and early childhood,what we want for all young children,and our understanding of success.The Early Years Strategy wraps around everything we value about early childhood,with what we know about its importance and what we know about how to make a difference.About the Strategy The Strategy is a statement on what the Australian Government values and what it is trying to achieve for children aged 0 to 5 years.It is a strategy for every child in their early years in Australia,as well as their parents,families,caregivers,kin and the communities who support them.It provides a framework to guide how we will work across Government.It will support better decision making around policies and programs that affect young children.It clearly articulates how the Australian Government will prioritise and support child-centred policy development and investment.It increases the Governments accountability for improving young childrens wellbeing.The Strategy will be the basis for working collaboratively with others families,communities,the philanthropic and early childhood sectors and workforces,and state and territory governments with whom the Australian Government has many areas of shared responsibility to create positive change and ensure all children thrive.The Strategy sets out what is known about how young children develop,what they need for their wellbeing and how they are currently faring.It profiles the investment and assistance the Australian Government provides to support families and children and their communities in the early years.It embeds a new way to collaborate and coordinate effort across Government to make that investment and support work more effectively.2 DRAFT FOR CONSULTATION The Strategy is the platform that will create opportunities to transform young lives by putting children,and their families,at the centre of decisions that affect them.As well as a vision to aspire to,the Strategy includes five guiding principles to inform what the Government will do(from consultation to policy development through to delivery),and then how it will be done.The guiding principles support policy makers to ensure all activities are:child and family-centred;strengths-based;respectful of families and the community;equitable,inclusive and respectful of diversity;and evidence informed.The Strategy has eight high-level outcomes.The outcomes describe what success looks like in achieving the vision of the Early Years Strategy.They are linked together,and require contributions from multiple actors,interventions and supports across childrens lives,reflecting the complexity and interconnectedness of child wellbeing.Six outcomes are child-focused.One outcome honours what children themselves value,which are opportunities to play and imagine.Five outcomes are about childrens health and wellbeing:children are nurtured and safe;children are socially emotionally and physically healthy;children are learning;children have strong identities and connections to culture;and children have their basic needs met.Two outcomes focus on childrens immediate contexts and environments one outcome is about families being empowered,connected and supported;the other is about communities being strong and inclusive places to live,grow,play and connect.There are four priority focus areas where the Australian Government will focus its attention to have the greatest impact to achieving the outcomes,and what will inform implementation of the Strategy.The Australian Government priorities are to:value the early years;empower parents and caregivers;support and work with communities;and strengthen accountability and coordination.A series of action plans will detail the practical steps to achieving,the vision and outcomes,and will be framed around the priority focus areas.Aligned with the 10-year horizon,an initial focus will be on strengthening connections and foundations across the Australian Government to deliver better early childhood outcomes both now and into the future.The Strategys impact will be monitored,including through progress reports.Purpose This Strategy will deliver the best possible outcomes for Australias children in many different ways,as outlined below.Early years are profoundly important We know the early years are profoundly formative.They are a critical,but short,window of opportunity to influence and make the biggest impact on childrens development.They are when the building blocks come together for life-long physical,emotional,social and cognitive health and wellbeing.The Strategy puts the early years and how much they matter on the national stage.It is an opportunity to increase the visibility and awareness of child development among all Australians,commensurate with its importance.3 DRAFT FOR CONSULTATION A good future starts in early childhood We know a childs future begins with,and is shaped by,a good early childhood.Get it right in the early years and we have children who are nurtured,safe and healthy,able to play,imagine,learn and grow in strong families,connected to culture and community.We also have parents,caregivers and kin who feel confident,supported and included within their communities.The Strategy is the foundation for action to deliver good early childhoods for all Australias children,which,in turn,will set them up for a great future.An investment in the early years is an investment in the future of the nation We all have a responsibility to make sure all our children have what they need to thrive right now and into the future.Supporting early childhood development is an investment in delivering better long-term outcomes for children and for Australia.As children are our future,the quality of their early years will not only influence their lives,but also the nations future.The decisions we make today will create the world our children will live in tomorrow.An investment in the early years is a sound investment in the future productivity,prosperity and wellbeing of the nation.The Strategy is a down payment on Australias future,with the power to generate valuable returns on investment and to change the trajectory of a childs life.We can do better on supporting all children to thrive and reach their potential We want to ensure every child,no matter their circumstances including where they grow up,can reach their full potential.This is not where we are now,but with a targeted focus on the early years we can turn this around.The Strategy provides the framework to act on opportunities to keep doing well for children,as well as help to ensure that no child is left behind.A great childhood is a worthwhile objective in its own right Childhood is also a precious time.Children and childhood have an intrinsic value,a value not limited to who they will become or what they will contribute to society as they grow and mature into adults.The Strategy is a celebration of early childhood.Embed a new approach:Listening to children and families We know how important it is to listen to the perspectives of children and families.We know how important it is to empower each parent,caregiver,kin,family and community to be part of the journey of raising children so they get the support relevant to their needs,at the right time,and in the right way.The Strategy provides the commitment to embed the voices and perspectives of children and their families in the policies and decisions that affect them.4 DRAFT FOR CONSULTATION An integrated,holistic whole-of-Government approach We know child wellbeing is multidimensional and dynamic.Childrens growth isnt neatly segmented in a way that aligns with how the Australian Government organises itself.To improve child wellbeing in areas of Government responsibility requires effective policy integration and policy coherence.It requires an integrated,holistic,whole-of-Government approach to the early years that can better position the Government to respond to the challenges and needs of Australias children and families,and future reform opportunities.The Strategy helps connect and join-up work across Government.The Strategy supports better alignment in how Government works to deliver the integrated policy response required to enhance child wellbeing.It will drive coordination and collaboration across Government and break down silos.Working together Supporting the early years requires action by families,communities,services,all tiers of government who share responsibilities across early childhood systems including state,territory and local governments,and the non-government and service sector.It benefits from philanthropic investment.Effective collaboration and well-coordinated government and non-government activities at the Australian Government,state and territory and local level help to create the environments that are needed to support strong early childhood health and wellbeing.For childrens early lives,there are many areas where the Australian Government and state and territory governments share responsibilityrequiring a shared approach,with children and families at the centre of policy considerations.Similarly,there are many areas where the Australian Governments support works alongside investments and efforts from across the sectorrequiring close collaboration and coordination to ensure activities and support intersect effectively.The Strategy recognises the need for high quality and supported workforces.The Strategy signals to others how we can work together to create positive change and achieve the outcomes we are striving for.Accountability and responsibility To be sure we are delivering on the Strategy vision,we need to understand how we are tracking and be clear on what we are doing to support the early years.Through an outcomes framework and regular reporting on what impact Government policies and supports are having on Australias children,the Strategy signals the strengthening of accountability and responsibility for the wellbeing,education,health and development of Australias children by the Australian Government to the Australian community.Delivery The Strategy will be operationalised through three phases of action plans,with the first action plan to be delivered in 2024.The action plans will be how the Government delivers on the Strategys vision through tangible activities.5 DRAFT FOR CONSULTATION Respect for diversity Every child in Australia is unique.Children do and should mirror the diversity of our modern nation.The Strategy recognises,respects and reflects this diversity.There are children from Aboriginal and Torres Strait Islander families who can draw on more than 60,000 years of experience in loving and raising strong proud children.1 Aboriginal and Torres Strait Islander children should be able to thrive and grow up healthy,supported by strong families,and proud in culture.2 Some children are born to parents from culturally and linguistically diverse backgrounds.Some children are born to coupled parents,single parents,or into blended families.There are children who are born overseas and move to Australia in their early years or into military and veteran families.Some children have or acquire disability or have a family member with a disability.There are children,in their early years,who will live with kin or other carers.Childrens neighbourhoods and communities may also look different depending on where they live.Any reference to parents,caregivers and families in the Strategy acknowledges the diversity of people who fulfil these important relationship roles for the children in their lives,including biological mothers and fathers,adoptive and LGBTIQA parents,kinship and other carers,and extended family members(and many combinations of all of these).This Strategy acknowledges,values,and embraces the similarities and differences among children.It is a Strategy for all children.What we heard through consultations during development of the Strategy The Australian Government committed to broad and deep consultation in developing the Strategy to get an understanding of multiple perspectives on the early years,how early years supports and services are working around Australia,and the Australian Governments role.Through all consultations,there were recurring themes,with participants wanting to:see children and families thrive and have an equal opportunity to reach their potential no matter where they are born or growing up provide the conditions which give rise to children being nurtured,safe,healthy,learning,participating and having their basic material needs met see families who are empowered,connected and supported,and communities that are strong and inclusive places for children to live,play and connect and where children can access the resources,supports and services they need prioritise focusing on supporting children,parents,kin,carers and communities,strengthening how decisions are made and system enablers that deliver good results.6 DRAFT FOR CONSULTATION 7 DRAFT FOR CONSULTATION Demographics 8 DRAFT FOR CONSULTATION Strategy overview 9 DRAFT FOR CONSULTATION Guiding Principles 10 DRAFT FOR CONSULTATION Outcomes 11 DRAFT FOR CONSULTATION Priority Focus Areas 12 DRAFT FOR CONSULTATION Children and their early years matter The early years is a vital period of development in a childs life.By committing to action under this Strategy,we support our youngest children in Australia and set them up for success,which benefits not just them,but communities and the nation.The early years provide a critical window to influence childrens development The early years provide the opportunity to have the biggest impact on child development.Each person is shaped though a complex interaction of the genes and the environment in which they are raised.For all children to thrive and reach their potential,we must take a whole of child focus in the early years their physical,mental and emotional development as well as their sense of wellbeing and identity,and their place in the world.The early years of a childs life,from the important pre-conception period,and the antenatal period right through to five years of age and often referred to as the first 2,000 days,are a critical window of opportunity where it is possible to positively influence a childs development,sense of identity,health,learning,safety,resilience and happiness.3 There are several different stages of growth and development in the early years,including the antenatal period,birth and the first days,and the infant,toddler and preschool stages.Each year in Australia,we welcome over 300,000 babies.The nurturing they receive before they are born and how they grow,play and develop into infants,toddlers and then preschoolers shapes not only their early childhood,but the rest of their lives.The impact of a childs early childhood will be felt throughout their life.13 DRAFT FOR CONSULTATION“The first five years of a childs life is one of the most critical stages in shaping an individuals life course,including brain development,behaviour and learning,and health and wellbeing outcomes into adulthood.The Early Years provide powerful opportunities to make a real difference to childrens life chances.”4(Submission)Childrens genes provide a blueprint which,when combined with relationships,environments and experiences,shape the most malleable organ in the body the brain.5 Brains are built.How they are built(their architecture),and whether they are strong or fragile,is the foundation for the learning,health and behaviour that follow.6 A childs early years especially the first 1,000 days is when the developing brain is most responsive to being shaped by the environment.7 The most important feature in that environment is the relationships a child has with parents,caregivers and extended family.8 If you dont get a good start in the early years,it is hard to catch up In the first few years of life,more than one million neural connections are formed in our brains each second a pace never repeated again9.While brain development continues throughout life and positive changes can be made at any age,it becomes a slower process to rewire or change the brain architecture as we age.10.The objective in the early years is to develop a strong foundation,so that children can achieve good health and wellbeing outcomes over their life course.The role of early brain development in shaping the people we become reinforces the importance of a dedicated focus on the early years.Children deserve every chance to achieve good health and wellbeing and to reach their potential.A focus on the early years is a commitment to prioritising prevention and early intervention.This means preventing problems occurring before they begin and addressing them early when they do so that risk factors can be reduced and protective factors increased.Starting early is what is required to give children the best possible start in life.Investing in young children is investing in Australias future The benefits of investing time,effort and resources in the early years are substantial and can impact outcomes for both the child,and society more broadly,over the course of their life.Investments in the early years have immediate and direct benefit to the child.Children can achieve better outcomes across health,wellbeing,education,and other domains.It can also help ensure they have a fulfilling childhood with opportunities to experience play,nurturing and connection.“We want children to blaze their own path in terms of the opportunities they need.”(Community roundtable consultation)Investing in the early years of a childs life sets them up to be a well-functioning and positive contributor to their society.There are also long-term benefits more broadly for individuals,families and communities.With healthy early childhood development,the building blocks for“educational achievement,economic productivity,responsible citizenship,lifelong health,strong communi ties and successful parenting in the next generation”,are established.11 Healthy early childhood development helps to grow citizens who can contribute to Australian society and make us stronger as a nation.14 DRAFT FOR CONSULTATION Investing in young childrens development leads to better outcomes Studies over the past few decades in Australia and overseas reinforce what we have known for a long time investment in the early years is a sound investment in both the lives of children and families today and for the future productivity,prosperity and wellbeing of the nation.The evidence demonstrating the benefit of investing in the early years has been influential internationally and across Australia,with many countries and jurisdictions having child wellbeing plans in place.“The evidence is clear overall that early childhood intervention is effective and the return on investment is strong.The science is,however,more robust in some areas than others,but generally more research is needed from within our uniquely Australian context.”12(Submission)The Effective Provision of Pre-School Education(EPPE)Project found that children from both advantaged and disadvantaged communities are less likely to be developmentally vulnerable if they attended preschool.Those who attend preschool typically outperform their peers in physical,social,cognitive,communicative and adaptive development.13 Children who are developmentally on track when they start school are more likely to stay on track,complete school education,get a job and contribute positively to the broader society.Research conducted in 2019 analysed the economic impact of early childhood education in Australia and found that for every$1 invested in preschool education,Australia receives$2 back over a childs lifetime.14 A 2010 study found that in Australia,the potential value of future benefits that can be realised as a result of prevention and early intervention is over$5.4 billion per annum.15 Seminal research in the United States has shown that every$1 invested in quality early years programs from 0 to 5 years can yield returns of between$4 and$16.16 The Strategy represents the commitment of the Australian Government to continually build on the data,research and evidence base,particularly around understanding what works.“More must be done to gather data that will track the health and developmental progress of all children,and for that data to be used to inform the development,implementation and evaluation of services to support children and families.”17(Submission)Not investing in the early years leads to poorer individual and society-level outcomes A lack of appropriate and well-targeted investment in early childhood development affects the long-term health and wellbeing of individual children.The consequence of not addressing adverse environments can create deficits in skills and abilities.This drives down economic productivity and increases social costs.Children who do not receive optimal care or stimulation,who are poorly nourished,neglected or abused,can experience physiological and behavioural changes that make them more susceptible to chronic health conditions later in life such as heart disease,diabetes,depression and dementia.18 15 DRAFT FOR CONSULTATION Research shows that by Grade 3,children assessed as vulnerable are a year behind their peers on NAPLAN(the national literacy and numeracy assessment),and by Grade 5 they are on average two years behind.Evidence shows these children are more likely to drop out of education early without the skills they need to go on to tertiary education or vocational training.19 Children who experience poverty at some time in their childhood are likely to have poorer cognitive and social outcomes and are more likely to be obese and have lower levels of general health.Furthermore,there are substantial differences in developmental outcomes for children who had experienced persistent poverty,compared to children who were never poor.20 Childhood is a precious time and we value children Children,and childhood,are intrinsically important.Children bring their own perspectives,value and influence to the world,while also being shaped by the world around them.They give joy and purpose to the lives of many,and help bring families,and communities,together.There is a shared pleasure and purpose in contributing,directly or indirectly,to the raising of children and knowing they are growing,developing and reaching their potential.“This is me at the beach and I saw a rainbow and ice-creams,and I saw a flower.”(Childrens consultation)When we prioritise childrens health and wellbeing,we all benefit.“We want them to have a strong sense of being loved,cared for,safe and in the embrace of family who can reinforce their sense of calm.”(Parents roundtable consultation)We focus on the early years not just because of what we can achieve for future generations but because we also want children to have great childhoods.We want to celebrate the contributions children make to those around them and society,ensure they are treated with dignity and respect,and enable them to have their voices heard and included in decisions about their lives.16 DRAFT FOR CONSULTATION Children bring joy and playfulness to those around them Children bring great joy and happiness to families and communities.They encourage adults around them to look at the world with fresh eyes and open thoughts.Quality time spent playing,reading and being active with children provides many benefits to parents and caregivers,sibling s and extended family members,friends and those living nearby.There are also benefits of intergenerational groupings therapy for both old and young as they interact socially together.21“All children deserve a childhood full of love,family and personal discovery.Childrens voices need to be at the centre of every discussion about them.”(Children with Disability/Developmental Concerns roundtable consultation)“A tree house with clouds,snails and a crocodile.Grown-ups and kids sleeping.”(Childrens consultation)Connecting with young children can reduce stress,can build strong bonds with others and can improve mental and physical health and wellbeing.22 Children may test the resilience of adults who care for them at times,but raising children provides opportunities for families to navigate challenges and build new skills and competencies.23 Children with disability In our consultations with parents of children with disability,we heard they shared a vision for an inclusive society in which their child had equitable opportunities to participate and learn.“I want my child to feel valued and included and be able to go to school and have a chance at learning and growing with her peers in a safe and welcoming environment.I want her not to be underestimated.”(Children with disability or developmental concerns roundtable consultation)They want their child to have a voice,and for their individual needs recognised.“Our vision is that children and young people with disability are valued and living empowered lives with equality of opportunity.”24(Submission)This Strategy aligns with Australias Disability Strategy 2021-2031 vision that people with disability can participate as equal members of the community.17 DRAFT FOR CONSULTATION We know a lot about what matters in early childhood The Strategy recognises that children grow and develop in the context of th eir families,communities and society.Action to improve outcomes for young children must encompass all of these spheres.The Strategy also recognises the importance of stacking early childhood with protective factors.The importance of families,communities and society A childs development is shaped by the people and relationships,communities,cultures and society that surround them.25 Children are part of Australias social ecology,and we recognise that they affect,and are affected by,a complex range of social and environmental interactions(see Figure 1).Figure 1:Social ecology of child development I want my children to be happy and to be able to build a strong connection to the community.(Parent roundtable consultation)The goal is to stack the scale in favour of positive protective factors We can think of childrens development like a scale,with positive,protective factors on one side,and significant adversity or trauma on the other side.In the early years,the goal is to tip or stack the scale in favour of protective factors that can have a positive impact on children and their development and also minimise the impact of any adverse childhood experiences.Over time,the cumulative impact of positive experiences can make it easier to achieve positive outcomes.26 18 DRAFT FOR CONSULTATION Nurturing relationships are what matters most for babies and young children The single most important protective factor that helps children develop well and build resilience is having at least one stable and committed relationship with a parent,caregiver or other adult.27 A childs early relationships,environments and experiences can either support or inhibit their healthy development.28 Sensitive and nurturing relationships build foundational language and communication skills,and create secure attachment relationships,which lead to higher levels of cognitive competence and fewer psychological problems.29 They provide a significant buffer for children when they experience high levels of stress,and contribute to them building resilience.30 Children,especially as an infant and then a toddler,need many positive interactions with responsive caregivers,often called serve and return.Serve and return There are many ways parents,caregivers and families can build positive and responsive relationships with young children.Similar to a game of tennis,serve and return is when a baby or young child babbles,cries or communicates with gestures or movements,and an adult responds with words,singing or hugging.New neural connections in the brain are built and strengthened,which help develop early communication and social skills.Close interactions and responsiveness with plenty of serve and return opportunities that are often joyful and fun,create a rich brain-building environment.31 Children thrive when these relationships are based on a strong connection to their own culture including the experiences,values and beliefs of their families and their communities.For example,when connection to culture and society is strong,children develop a sense of belonging and a safe environment to develop their own language and way of being.32 For Aboriginal and Torres Strait Islander children,connection to family,kin,community,culture and Country are critical to their development and wellbeing.Aboriginal and Torres Strait Islander peoples have a close relationship and connection to Country,which enables ways of being,learning,knowing and doing.When there is respect and understanding of the importance of Aboriginal and Torres Strait Islander culture and child-rearing practices,this helps to build safe and secure environments for children to develop a strong sense of identity.33“For Aboriginal and Torres Strait Islander children,culture should be at the core for children to grow,stay connected and thrive,giving every child the best possible start in life,laying a strong foundation for their future success and wellbeing.”34(Submission)The Australian Government also acknowledges the importance of culture for children from culturally and linguistically diverse backgrounds who have a rich heritage of their own,and recognises their need to stay connected to it to help them thrive.19 DRAFT FOR CONSULTATION Hearing childrens voices This Strategy is child-focused and children aged 3 to 5 were consulted in its development,sharing their experiences and aspirations through words,painting,drawing and sculpting the things that are important to them.They told us about the importance of play,being in nature and relationships with parents and others,and the Strategy reflects their feedback.“Mum,Dad and family.Im drawing the things I love.”(Childrens consultation)“Mama,me and my sister.I have a lot!A dog also.”(Childrens consultation)“Dad hes the biggest in the family.Hes bigger than a car.”(Childrens consultation)To ensure the Government continues to capture childrens voices and what is important to them,an outcome(Outcome 5 Children have opportunities to play and imagine),principle(Guiding Principle 1 Child and family-centred)and priority(Priority Focus Area 1 Value the early years)have been included in the Strategy.The approach to hearing childrens voices aligns with the United Nations(UN)Convention on the Rights of the Child,which includes a principle about respecting the views of the child.“This is me,this is my brother,this is my Mummy and this is my Daddy.”(Childrens consultation)20 Parents and their childrenDRAFT FOR CONSULTATION In consultations for this Strategy,parents recognised their central role in their childs life and in their childs access to opportunities,connections and services.“Families need to feel safe and included with services that are involved with their children.”(Parent roundtable consultation)When kids have equal access they can build a sense of belonging.(Grandparent roundtable consultation)They wanted their children to be happy,healthy and given every opportunity to thrive.They expressed that children should have safe spaces to play,access to the environment and quality time with their family and people who love them.“To be happy,healthy,be heard,validated and celebrated.”(Parent roundtable consultation)“Children should have opportunities for play and connections,time outdoors,time with parents,time to have fun,to spend time with friends,with family,quality times with families,time in playgrounds”(Parent roundtable consultation)Parents also expressed that they wanted quality time to be with their children,access to the resources and services they need and to be empowered to perform their important role.“Empower parents as experts in their children and provide them with the tools to support their children.”(Parent roundtable consultation)“Children can spend quality time with their parents.”(Parent roundtable consultation)They also reflected on what mattered for their children.“Kids love being around their family and being outside.Having good friends and getting time to spend with them.Being around people and friends.”(Parent roundtable consultation)“My special person might be my Nan.I made drew me with my Nan and my baby sibling.Sometimes she visits at my house and she plays games.”(Childrens consultation)21 DRAFT FOR CONSULTATION Parents and caregivers are a childs first and most important teacher Childrens first and most important teachers are their parents,families and caregivers,including kinship carers.When adults form special bonds with young children and spend time closely interacting with them,children are able to make sense of their world and develop their own 35responses.Families provide the first learning environment in their homes.There are many teachable moments in every day with parents,siblings and other family members.Children learn best when they have access to everyday objects,books and natural materials to investigate and satisfy their curiosity.36“Acknowledging the learning that occurs in homes every day with parents.Education doesnt begin in formal settings.How can we elevate,value and support families with their role in teaching their children.”(ECEC roundtable consultation)Children learn and are stimulated continuously through their environment,especially when a responsive adult is talking to them and playing with them.37 This might be by counting when climbing stairs,predicting the next part of a familiar storybook or by remembering the words and rhythm of the songs,which they sing together.Playing simple games with children such as peek-a-boo is great for building relationships and creates a sense of belonging and joy.These simple activities are powerful ways parents,caregivers and families stimulate thinking and imagination,which improves social and emotional skills and helps to build better brains and bodies.38 Parental engagement has many positive impacts on childrens development and education 39outcomes.22 DRAFT FOR CONSULTATION Communities are where children and their families live,play and grow Early childhood environments,including outside the home,also help build childrens brains and bodies.Communities matter and help shape development in many ways.Physical and social environments have a significant effect on childrens developing brains and bodies.40 The network of people around children and families,including friends,neighbours and educators,has a role in creating positive environments and experiences to support childrens health and wellbeing.These broader social supports offer connection,safety and security.“That they grow and thrive in a family and community network in which they feel loved and supported to play and explore in a natural environment,with opportunities to develop their own agency and unique characteristics as a learner.”(Survey response)Importantly,all children should be supported to live accessible and connected lives within their communities.This includes children with disability or developmental delay who should experience full participation in all aspects of life.The built and natural environment,for example,affects how children access spaces to play and spend time in nature,in turn influencing their physical,social and emotional health.“This is my Dad and thats my Mum we go to the park and play and look at flowers.”(Childrens consultation)“I can go camping with my Dad and sister,and my dog is there.”(Childrens consultations)“Access to green space gives children a wider understanding of the world,it exposes them to different walks of life,nature,learning through play.”(Grandparent roundtable consultation)All environments children experience,including before they are born,shape their development.This includes good nutrition,dental care,adequate sleep,rest,activity,and connection with others.Quality antenatal care during pregnancy,and regular antenatal care in the first trimester,is associated with better maternal health in pregnancy,fewer interventions in late pregnancy and positive child health,development and wellbeing outcomes.41 Good support during pregnancy,birth and the early months and years of a babys life can improve short and long-term outcomes for mothers and babies.Broader economic and social factors,such as economic security,social inclusion,safe and secure housing and access to high quality health care are also important.42 Early education settings are opportunities for children to grow and learn Early education settings,such as early childhood education and care(ECEC)settings,which in the early years include preschools,long day care,in home care and family day care,along with other settings such as playgroups and libraries,are also opportunities for children to grow and learn.23 DRAFT FOR CONSULTATION When children attend ECEC settings they have opportunities to learn through play,and socialise with other children,facilitated and extended by qualified educators and teachers.43 This is supported by an approved early years curriculum including through the Early Years Learning Framework which has recently been refreshed.For Aboriginal and Torres Strait Islander children,ECEC services also provide an opportunity for them to strengthen their cultural identity and sense of belonging within their communities.Aboriginal and Torres Strait Islander Community Controlled Organis ations(ACCOs)play a critical role by overcoming the barriers faced by Aboriginal and Torres Strait Islander children and families to ensure ECEC services meet their needs.Early childhood education helps to enhance childrens learning at this critical stage to create a foundation for lifelong learning,skill development and wellbeing.44 Experiences at preschool,underpinned by the early years curriculum,help children to develop their vocabulary,communication skills,maths skills and problem solving abilities,as well as the ability to concentrate,follow instructions and get along with others skills that are critical to later success in a school classroom.45 Moreover,the benefits of investing in high quality early childhood education extend beyond positive school performance.Studies highlight that early childhood education breaks down the barriers to educational success faced by children in disadvantaged circumstances thus ensuring they have basic skills they need for life.“The whole school!The bag,the gate,the window,the puzzle,the people.”(Childrens consultation)24 A universal early childhood education and care systemDRAFT FOR CONSULTATION High quality ECEC delivers a triple dividend in Australia.Participating in quality ECEC is associated with stronger developmental outcomes for children when they start school.Access to affordable services allows parents to work,study,train or volunteer in the secure knowledge their child is safe.These benefits have a larger economic and wellbeing benefit for Australia with families able to participate in the economy,and children being given strong foundations for their future learning and growth.Recognising the multiple benefits that can accrue from access to quality ECEC,a priority area of focus in both this Strategy(Priority Focus Area 2.4)and the Employment White Paper Working Future,is charting the course for universal access to ECEC in Australia that is high quality,equitable,affordable,and accessible in a fiscally responsible sustainable manner.This course will be guided by the principles embedded in the long-term national vision for ECEC developed collaboratively by the Australian Government and state and territory governments,in close consultation with the ECEC sector.Actions to achieve this outcome will be informed by the comprehensive Productivity Commission inquiry into Australias ECEC system commissioned by the Australian Government.The Productivity Commission will make recommendations to support affordable,accessible,equitable and high-quality ECEC that reduces barriers to workforce participation and supports childrens learning and development.ECEC is a central part of childrens early years.In 2022,48%of children,aged 0 to 5 used Government-subsidised ECEC services and 89%of children counted as in the state-specific year before school were enrolled in preschool.The principles of this Strategy provide important guiderails for this reform,in particular,to ensure the path to universal ECEC takes a child and family centred approach.Protective factors and coping skills not only help children to thrive,they can also mitigate any impact on their development from adverse experiences Australias policy frameworks are designed to ensure children have a happy and healthy start in life.When children do not have all that they need in their early years,including when they experience greater adversities,this can affect their development.46 We can agree that all children should have great opportunities right from the start.Challenges in early childhood development can occur for a range of complex reasons and within a wide range of families and in a wide range of circumstances.It is important to avoid making assumptions about outcomes based only on a childs family background or circumstances.Learning to cope with stress or adversity is a normal part of brain development.The evidence tells us that all children need to experience some stressors in their lives in order to grow healthy brains and build lifelong resilience.The evidence also tells us that when there is too much stress or stress over a prolonged period,this can disrupt healthy brain development and other biological systems,and even weaken the immune system.47 We know that some children may experience adversity or adverse events in the early years.When a stressful experience is buffered by nurturing relationships with trusted adults,it helps babies and 25 DRAFT FOR CONSULTATION very young children to develop resilience,which helps them cope with stress and adversity later in life.If children do not have a nurturing and responsive relationship with an adult,or if they experience adversity,for example,physical or emotional abuse,neglect,or their parent or other primary caregiver experiences serious illness,they can experience the effects of excessive stress.48 Overall,poor early childhood experience can lead to physiological and behavioural changes,including to childrens brain development,and can make children more prone to poor long-term 49outcomes.This includes being susceptible to impairments in learning,memory and regulating behaviour,and chronic health conditions later in life such as heart disease,diabetes,depression and dementia.50 Research has found that approximately 80%of young people in juvenile justice settings in Australia have experienced multiple traumatic stressors.51 Trauma in early childhood can impair school readiness,academic achievement and both physical and mental health through the lifespan.52 Stacking the scales with protective factors will drive good outcomes for all children Children thrive when they have what they need to develop well.We know from the science of early childhood development that when protective factors such as responsive relationships and supportive environments are present,children,even those experiencing challenges,are better able to cope and achieve good outcomes.53 Strengthening foundational adult relationships by supporting families and communities,can prevent early harm and strengthen developing brains,ensuring that a childs early development is on track or if required,can get back on track,to give them the best start in life.For example,assisting adults to build the skills necessary for success in parenting and the workplace can protect children from the adverse impact of poverty in early childhood.54 Healthy protective behaviours are also important and begin before a child is born.Factors such as not being exposed to smoking or alcohol in pregnancy are protective.Other protective factors include having lots of fruit and vegetables and good mental health.When the added protection and buffering of protective factors outweighs adversity early in life,children are more likely to complete school education,become lifelong learners,be prepared for adult life with work,family and friends,and be active members of their community.55“My biggest hope for children is that they can have their basic needs covered housing,food,education,affordable access to the health system and a safe and loving home life.”56(Submission)This means that to prioritise early childhood development we need to first support and empower parents and caregivers,and then the communities that wrap around them Because we know that early childhood outcomes are not pre-determined,it is important to leverage opportunities to support what matters most in early childhood.Relationships are the foundation of positive growth and development for children.One of the most important contributions we can make is to support the foundational relationships that really matter 26 DRAFT FOR CONSULTATION to children in their early years.When we focus on these foundational relationships,children and their parents,families and caregivers are supported to do better now and into the future.Communities and the broader Australian society also have an important role in wrapping around children and families.We need to focus on the relationships children have in their communities with,for example,educators,and we need to empower communities to support children.“Therapies are great but its not always about more services.We need to build families capacities,build parents capacity,have more opportunities for children to be who they are and not something that needs fixing.”(Parent roundtable consultation)A commitment to a fairer outcome for children The Australian Government supports early childhood health and wellbeing because it is the fair thing to aspire to for every single child.Australians value fairness The Australian Government,through this Strategy,aspires to do more than just having most children do well.It is about all children thriving.We need to treat all of Australias children equitably and make sure they all have what they need to thrive in their early years and into the future.We want all Australian children to enjoy a positive start to life,reach adulthood equipped to meet lifes opportunities and challenges,and to realise their own unique potential.It is important to understand how children are faring now,so we can work towards achieving our aspiration for all children to be thriving into the future.Understanding how Australias children are faring There are many examples of how children are getting a great start in life in Australia.There are high numbers of children born at a healthy birth weight,and Australia has high levels of 575859childhood immunisation,and high participation in preschool.One way that we measure how children are faring in Australia is through the Australian Early Development Census(AEDC).60 By measuring the domains of physical health and wellbeing,social competence,emotional maturity,language and cognitive skills,communications skills and general knowledge the AEDC provides an indication of how young children have developed by the time they start school.The latest AEDC conducted in 2021 shows that the majority of children(54.8%)are developmentally on track on each of the five measured domains.61 This is a slight drop from a high of 55.4%in 2018,with the drop possibly due to the impact of the COVID-19 pandemic.62 We also know that some children experience adverse events in their lives.We recognise there are too many children in the child protection system in 2021-22,about 178,000 children came into contact with the child protection system.63 Children may witness domestic and family violence between other family members,or be subjected to violence by other family members.This can have a range of effects on their health,wellbeing,and social and emotional development.64 Over the longer-term,children who are victims of violence themselves or witnesses of intimate partner violence can be twice as likely to have a psychiatric diagnosis,emotional and behavioural difficulties,and impaired language skills at a ge 10.65 27 DRAFT FOR CONSULTATION Children may experience mental health disorders either directly or indirectly.The World Health Organization estimates that worldwide,around 8%of children aged 5 to 9 and 14olescents aged 10 to 19 years live with a mental health disorder.66 Up to 1 in 5 children in Australia live with a parent with a mental illness.67 There are also pockets of entrenched or persistent disadvantage,and commonly these are concentrated in specific locations.All children should thrive and reach their potential The Australian Government knows that all children deserve to be supported to reach their potential and thrive.Results from the AEDC across Australia are mixed.Some children are at risk of not reaching their potential.Some children are experiencing higher rates of vulnerability,but there are also pockets of progress.These experiences can be compounded when children face intersecting experiences of disadvantage and vulnerability.A fair outcome for children is about reducing disadvantage and vulnerability.A fair outcome is about making sure every child has the same opportunities,right from the start.“If we can grow a generation of kids that are centred in their wellbeing that sets a great foundation for their learning and sense of purpose.Particularly in relation to the social and emotional domain of wellbeing laying the groundwork at that age.It sets them up to be a great contributor to their community.”(Parent roundtable consultation)An example of where improvement has occurred is the number of children who are developmentally vulnerable on one or more AEDC domain(s)who have a language background other than English compared with those children with English only.The gap has steadily narrowed from 10.5 percentage points in 2009 to 4.5 percentage points in 2021.For Aboriginal and Torres Strait Islander children,the proportion who are on track in all five domains is increasing at a faster rate(8.0 percentage points between 2009 and 2021)than the whole population(4.1 percentage points).Overall,the proportion of Aboriginal and Torres Strait Islander children on track in all five AEDC domains rose between 2009 and 2018(from 26.3%to 35.2%),but then declined slightly to 34.3%in 2021.This is the first time developmental readiness has declined since 2009.The Australian Government recognises that increased collective efforts are needed to suppor t Aboriginal and Torres Strait Islander children to be school-ready and thrive,in genuine partnership with Aboriginal and Torres Strait Islander families,stakeholders,communities and states and territories.For example,for Aboriginal and Torres Strait Islander children in the Connected Beginnings program which connects families to and integrates services,the proportion of children on track in all five AEDC domains has increased since it was rolled out.68 The Australian Government also recognises the unique experience of military and veteran children and their families and is committed to supporting them during and after service.While many military and veteran families report overall positive wellbeing,the children of military and veteran families often deal with challenges that are not faced by civilian families,such as frequent relocations,school changes,disruptions to education,loss of social networks,and separation from close family members.Additional concerns may arise during deployment a nd transition to civilian life,as a result of worry about the parents wellbeing and changes in the home environment.There is,for example,evidence of a higher percentage of emotional,hyperactive or 28 DRAFT FOR CONSULTATION peer problems,including an increased vulnerability to behavior problems among the children of current serving Australian Defence Force members when compared to the general population.It is important to note that for some children their development may not be best measured against universal developmental milestones.Children who are not measured as developmentally on track through the AEDC can still reach their individual potential.This is where other measures,such as broader measures of wellbeing including health,can be critical to understanding the true experiences of these children and their families.“For all children to grow up safe with equal rights and opportunities to learn and develop.I hope for all children to experience happiness and a safe and supportive learning environment.”(Survey response)Childrens rights and Australias international obligations At the international level,the Australian Government has obligations to respect,protect and fulfil the rights of children under:the United Nations Convention on the Rights of the Child(CRC)the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children,Child Prostitution and Child Pornography the Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict the United Nations Convention on the Rights of Persons with Disabilities(CRPD)the International Covenant on Civil and Political Rights(ICCPR)the International Covenant on Economic,Social and Cultural Rights(ICESCR)the Convention on the Elimination of All Forms of Discrimination against Women(CEDAW).This Strategy is consistent with Australias international obligations under the core international human rights treaties,and recognises the importance of children in the early years having the full enjoyment of their rights.The CRC recognises that childhood is a special,protected time,in which children must be allowed to grow,learn,play,develop and flourish with dignity.The rights set out in the CRC enshrine the principle that children should not be subject to discrimination,the best interests of the child should be a primary consideration when making decisions affecting children,the rights of children to survival and development should be protected,and the views of the child should be respected.These concepts and principles are important building blocks in the development of Australian Government policies and strategies to support children because they help to ensure the approach is child-centered and rights-based.The Strategy demonstrates the Australian Governments commitment to childrens rights through its Vision,Guiding Principles and Outcomes,which do not discriminate,are in the best interests of children,are child centred,support the safety and promote the development of children,and reflect the views of children.The Australian Government is responsible for reporting to the United Nations Committee on the Rights of the Child in relation to Australias implementation of its obligations under the:Optional Protocol to the Convention on the Rights of the Child on the Sale of Children,Child Prostitution and Child Pornography Optional Protocol to the Convention on the Rights of the Child on Involvement of Children in Armed Conflict.29 DRAFT FOR CONSULTATION Where children are born and raised should not impact their health and wellbeing All children deserve a fair outcome,regardless of where they are born or raised.We know that not every community is providing children with the opportunities they need to thrive.There are increasing rates of developmental vulnerability the further away a child is from a metropolitan centre.The AEDC Report demonstrates that children from major cities were less likely to be developmentally vulnerable on one or more domains(20.8%)compared with children from remote and very remote areas(34.4%).Children from the most socio-economically disadvantaged Local Government Areas(LGAs)are less likely to be developmentally on track on all five AEDC domains(42.7%)in comparison with those from the least socio-economically disadvantaged LGAs(63.4%).The AEDC results show that the gap in developmental vulnerability on one or more domains between the most socio-economically disadvantaged locations and the least disadvantaged locations has increased,widening to 18.3 percentage points in 2021 from 17.4 in 2018.The Strategy acknowledges the range of factors that affect child development The myriad of factors affecting child development is why the Strategy includes outcomes that measure elements from how children are learning,to their health,to the strength of their families.It is the sum of all these factors that matter.The importance of the balance between protective and adverse factors in early childhood is why the Strategy emphasises tipping the scale in favour of the positives.Also acknowledged is that some children,families and communities will need different supports at different times in their lives.We know there are times when we need to acknowledge the unique differences that exist across Australias children,families and communities,embrace the strengths that these differences bring and adjust our approaches to get the best possible outcomes for children.30 Targeting entrenched disadvantageDRAFT FOR CONSULTATION The Australian Governments Targeting Entrenched Disadvantage package is an integrated approach designed to address entrenched and concentrated community disadvantage with a strong focus on intergenerational disadvantage and improving child and family wellbeing.The package lays the foundations for community-led change,facilitates genuine partnership and capability building alongside key stakeholders,and complements universal social service offerings.This package supports the Australian Government working in partnership with state and territory governments,communities,and other key stakeholders to make an enduring difference in the lives of disadvantage Australians.This Targeting Entrenched Disadvantage package will:extend the Stronger Places,Stronger People initiative to enable community-led change in partnership with 10 communities and state and territory governments,and to enhance shared decision-making and local solutions in 6 of these communities establish a whole of government Framework to Address to Community Disadvantage,to identify strategic objectives and key principles to guide how Government works in partnership with communities and to support more impactful investment in initiatives that address disadvantage support the Life Course Data Initiative that will capture data insights to improve our understanding of how communities experience disadvantage,including through longitudinal data.This will help guide local decision making and better direct funding establish a new Outcomes Fund which will see the Australian Government partner with states,territories and social enterprises to tackle disadvantages by funding projects that deliver outcomes in communities support a new strategy to partner with philanthropy through the Investment Dialogue on Australias Children enabling the government to coordinate efforts and direct funding where it is needed most to improve the wellbeing of children and their families,by working with communities to reduce intergenerational disadvantage in Australia.31 DRAFT FOR CONSULTATION Over the next decade the Australian Government will deliver better early childhood outcomes This Strategy provides an agreed framework to facilitate better coordination of Australian Government early childhood programs,policies and services.From the release of the Early Years Strategy,work will continue across the Australian Government and with parents,families,caregivers and our partners to help children to reach their potential and optimise their future.We will build on the Australian Governments strong record of investing in the early years There is significant investment by the Australian Government in policies and programs that impact children and their families in the early years,and we know that many children in Australia are doing well as a result.With the breadth and scope of its current investment,the Government has a strong foundation for its contribution to future success in the early years.It means the work delivered through the Strategy does not need to start at the very beginning,nor does the Government need to completely redesign every early years targeted program or support for families or communities.As the ongoing framework for the Governments decision-making,the Strategy does create new opportunities to maximise the value and impact of the Governments investments and role in supporting the early years,to achieve the best outcomes we can for all children.It provides the foundation to focus,realign and coordinate better,in the interests of childrens wellbeing.Australian Government policies and programs should be well connected and operate effectively with early childhood supports offered by others,including state and territory governments.This Strategy communicates the ways families should be encouraged to access these supports and have awareness of what is available to them.A snapshot of how the Australian Government supports the early years The Australian Government provides support across the different ages and stages of development in the early years,and includes a mix of universal and targeted policies and programs.How each child and family is supported reflects their unique circumstances.Throughout the antenatal and postnatal period,families receive support through funding for pregnancy,birthing,maternity and newborn healthcare.The Medicare Benefits Schedule and the Pharmaceutical Benefits Scheme subsidise medical and prescription medicine costs.The National Immunisation Program helps protect children by preventing or reducing the severity of diseases that can be prevented by vaccination.Through the Family and Children Activity program,there are programs that strengthen family relationships and prevent breakdown through broad-based counselling,with other services supporting the wellbeing and safety of children.Parents,health and education professionals and the food industry can access resources on healthy eating,nutrition,and physical activity for infants and young children.32 DRAFT FOR CONSULTATION Intensive supports,such as through the Australian Nurse Family Partnership Program(a nurse-led home visiting program),are important early investments in the future of children.Pilots supporting children with early signs of autism or developmental delay are helping to build the evidence base for the types of early interventions that can improve outcomes for young children and their families.The Australian Government helps parents make their own choices about balancing work and family by providing financial assistance to families in a range of circumstances.Eligible families can access help to meet the costs of raising children through family assistance payments,and some parents may also access income support payments such as Parenting Payment.Paid Parental Leave supports parents to take time away from paid work following birth or adoption.Local insights are informing place-based models of investment to strive for fairer outcomes for children and families.Stronger Places,Stronger People operates in 10 communities across Australia,and is creating better futures for children and their families through locally tailored and evidence-driven solutions to local problems,in partnership with local communities.The Communities for Child Facilitating Partners program,is a place-based model of investment supporting children and families in 52 disadvantaged communities across Australia.Subsidies for ECEC and preschool funding,alongside investments in playgroups and toy libraries,support children to learn skills they need for life.An affordable and accessible ECEC system is also a key enabler of workforce participation especially for women and productivity,which benefits the Australian economy.Investment in quality ECEC also reduces disadvantage for children as it provides access to a quality early learning program under the National Quality Framework,supporting their early learning and development before they enter the formal schooling system.The Australian Government supports quality ECEC through funding of the Australian Childrens Education and Care Quality Authority and by working with states and territories to implement the National Quality Framework.The Australian Government recognises that a high quality and stable ECEC workforce supports childrens learning and development as well as workforce participation in the broader economy.The Government is committed to implementing Shaping Our Future,the 10-year National Childrens Education and Care Workforce Strategy.Co-designed by all Australian governments and the ECEC sector,Shaping Our Future outlines 21 actions to support the recruitment,retention,sustainability and quality of the ECEC sector workforce.Central to this is the need to ensure ECEC educators and teachers are valued as professionals,with rewarding career opportunities.From 1 July 2023,the Government has also invested in supporting the skills and training of the ECEC workforce.This includes supporting ECEC educators,teachers and centre managers to undertake professional development training and supporting teachers to undertake paid practicum placements or participate in a practicum exchange program.ECEC delivered by ACCOs also plays a critical role in ensuring ECEC services meet the needs of Aboriginal and Torres Strait Islander children and families,providing opportunity for Aboriginal and Torres Strait Islander children to strengthen their cultural identity and sense of belonging within their communities.33 DRAFT FOR CONSULTATION 34 DRAFT FOR CONSULTATION See also:Appendix 3 Australian Government supports and services for more information 35 DRAFT FOR CONSULTATION Complementary Australian Government initiatives and reforms The Australian Government is driving reform in many arenas that will help build protective factors in the early years or address childhood adversity or poor health.These activities are the result of extensive stakeholder engagement,policy work and comprehensive consultation.This includes the work we do with state and territory governments on areas of national interest and effort,including through the Preschool Reform Agreement and the Early Childhood Care and Development Policy Partnership.The Strategy is the interlocking piece.It provides a unifying framework to align and amplify work across the Australian Government and to promote cooperation on priorities.It is not the role of the Strategy to be the home for all policies that affect young children,but its role is to influence and connect that work.When policies and programs are connected and working in pursuit of common goals,they can achieve outcomes greater than the sum of their parts,and work better in the service of the needs of children,their families and communities.This is why the Strategy acknowledges a range of complementary work being undertaken across Government,with details provided in Table 1:Existing national strategies,agreements and reforms,and Table 2:Reviews and inquiries,reports.Many of the strategies,agreements and reforms listed below are addressing more complex challenges in early childhood,or areas where a focused effort will deliver good outcomes.The Strategy recognises the importance of the National Agreement on Closing the Gap(the National Agreement)in ensuring that Aboriginal and Torres Strait Islander children experience the same development outcomes as non-Indigenous children.The National Agreement includes four Priority Reforms:Formal partnerships and shared decision-making;Building the community-controlled sector;Transforming mainstream organisations;and Shared access to data and information at a regional level.The Priority Reforms are embedded in the Strategy and will continue to be embedded throughout the Strategys implementation.The Strategy also recognises and amplifies the National Aboriginal and Torres Strait Islander Early Childhood Strategy,which was developed in partnership with Aboriginal and Torres Strait Islander communities.36 DRAFT FOR CONSULTATION Table 1.Existing national strategies,agreements and reforms The Early Years Strategy builds on and aligns with many other existing Government priorities,strategies and reforms,and provides a focal point for amplifying the impact of these other key pieces of work.Table 1 outlines the current existing national strategies,agreements and reforms.Existing national strategies,agreements and reforms Treasury Wellbeing Framework:Measuring What Matters Tracks progress towards a more healthy,secure,sustainable,cohesive and prosperous Australia.National Action Plan for the Health of Children and Young People 2020-2030 Aims to ensure all children and young people are healthy,safe and thriving.National Childrens Mental Health and Wellbeing Strategy The Strategy is the first of its kind in the world,with a focus on children from birth through to 12 years of age,as well as the families and communities that nurture them.The Strategy includes guiding principles,focus areas and key objectives and actions to improve childrens mental health and wellbeing.National Fetal Alcohol Spectrum Disorder(FASD)Strategic Action Plan 2018-2028 Reduces the prevalence of fetal alcohol spectrum disorder and the impact it has on individuals,families,carers and communities.Australian National Breastfeeding Strategy:2019 and Beyond Provides a framework for integrated,coordinated action to shape and inform Australian Government,state,territory and local government policies and programs to support mothers and families to promote and protect breastfeeding.National Preventive Health Strategy 2021-2030 Works to improve the health and wellbeing of all Australians at all stages of life.National Agreement on Closing the Gap Outlines how Aboriginal and Torres Strait Islander people and all governments will work in genuine partnership to overcome the inequality experienced by Aboriginal and Torres Strait Islander people.National Aboriginal and Torres Strait Islander Early Childhood Strategy Sets the vision that Aboriginal and Torres Strait Islander children(0 to 5 years)are born healthy and remain strong,nurtured by strong families,and thrive in their early years.Early Childhood Care and Development Policy Partnership Brings together governments and Aboriginal and Torres Strait Islander representatives to develop recommendations to improve early childhood outcomes for Aboriginal and Torres Strait Islander children and families,in line with all Australian governments commitments under Closing the Gap.National Plan to End Violence against Women and Children 2022-2032 Prevents and responds to violence against women in children in Australia,with the aim to end gender-based violence in one generation.Safe and Supported:the National Framework for Protecting Australias Children 2021-2031 Aims to ensure children and young people in Australia reach their full potential by growing up safe and supported,free from harm and neglect.National Strategy to Prevent and Respond to Child Sexual Abuse 20212030 Aims to ensure children and young people in Australia are protected and safe from sexual abuse in all settings,and victims and survivors of abuse are supported and empowered.37 DRAFT FOR CONSULTATION Existing national strategies,agreements and reforms Australias Disability Strategy 2021-2031 Is the national disability policy framework agreed to by all levels of governments,that is an enabler to people with disability being able to fulfil their potential as equal members of their communities.Supporting the 1 in 6 Australians that identify with disability.Preschool Reform Agreement 2022-2025 Agrees to Australian Government funding for preschool to the end of 2025,and reforms to improve preschool participation and outcomes.Economic Inclusion Advisory Committee The Committees role is to provide independent advice to Government before every Federal Budget on economic inclusion and tackling disadvantage.Early Childhood Care Development Sector Strengthening Plan Sets out actions to support and build the Aboriginal and Torres Strait Islander community controlled early childhood care and development services sector in line with all Australian governments commitments under Closing the Gap.Commonwealth Child Safe Framework Sets minimum standards for creating and maintaining child safe culture and practices in Australian Government entities.National Strategy to Achieve Gender Equality The National Strategy to Achieve Gender Equality will guide whole-of-community action to make Australia one of the best countries in the world for a gender-equal society.National Quality Framework(NQF)Review Provides a national approach to the quality of education and care services across Australia.Approved Learning Frameworks(ALFS)The NFQ includes two national ALFS that support early childhood educators and promote childrens learning:Belonging,Being and Becoming:Early Years Learning Framework for Australia provides a learning framework for children aged 0 to 5,while My Time,Our Place:Framework for School Age Care in Australia provides a learning framework for Out of School Hours Care.Shaping Our Future:National Childrens Education and Care Workforce Strategy Supports the recruitment,retention,sustainability and quality of the workforce in the childrens education and care sector.National Autism Strategy(in development)Will provide a strategy to improve life outcomes for all autistic Australians.The Wiyi Yani U Thangani(Womens Voices)National Framework for Action(To be launched March 2024)The National Framework for Action guides public and private investment in strengths-based initiatives that are designed and led by Aboriginal and Torres Strait Islander women and girls.38 DRAFT FOR CONSULTATION Table 2:Reviews and inquiries,reports Productivity Commission Inquiry into Early Childhood Education and Care An inquiry into the ECEC system,including centre-based day care,preschools,family day care,outside school hours care and in home care.The final inquiry report is due to Government by 30 June 2024.Australian Competition and Consumer Commission Childcare Inquiry 2023 An inquiry into the market for the supply of childcare services.Final report to be provided by 31 December 2023.Independent Review of the National Disability Insurance Scheme An independent review of the design,operations and sustainability of the NDIS.Final Report to be provided by November 2023.Intergenerational Report 2023:Australias Future to 2063 The Report projects the outlook of the economy and the Australian Governments Budget to 2062-63.ECEC Vision On 31 August 2022,National Cabinet tasked Education Ministers to develop a national,long-term vision to support parents workforce participation and childrens education and development outcomes.Policy integration and better coordination and collaboration supports childrens wellbeing Parents do not see their children through a lens of which Government agency provides a service,such as health or education or any other silo,and neither should the Australian Government.Childrens health and wellbeing must be treated holistically.When it comes to raising healthy,happy,well-adjusted children,all facets and aspects that intersect in their lives need to be considered.Cohesive plans for child well-being,such as this Strategy,are a widespread tool for policy integration,adopted by many OECD countries,to make a positive contribution to coo rdinating child well-being agendas.69“Thats my Mum,thats my Dad,thats my brother,and thats me as a baby sucking my dummy.Outside its raining just a few drops.”(Childrens consultation)39 DRAFT FOR CONSULTATION Programs and funding that impact early childhood development are delivered by many Australian Government departments including Social Services,Education,Health,Attorney Generals and the National Indigenous Australians Agency.Accountability for Australias children will be strengthened through a more coordinated,joined up approach across the Australian Government.Accountability will drive better results for childrens wellbeing.Silos create barriers that impede collaboration across organisations and may hinder the Australian Governments efforts to deliver the best outcomes for children and families.Supporting early childhood development requires a holistic approach to achieve desired outcomes.The capacity of the Australian Government to do so effectively has been impacted by a lack of coordination and collaboration across Government.That is changing,with the development process behind the Early Years Strategy making significant progress in building coordination and collaboration across Government departments.The Strategys development has been made possible through new cross Australian Government governance arrangements,bringing together the key agencies with shared responsibilities in early years policy and programs.But more change is needed.“Tackling silos is one of the most important things to provide good support.”(Culturally and linguistically diverse roundtable consultation)“Streamline and integrate services so families can access health,education,support without having to jump through multiple hoops.”(ECEC roundtable consultation)Guided by the vision of children thriving and reaching their potential,the Strategy will inform how the Australian Government invests over the next decade in the early years to improve child wellbeing.A shared early years vision,underpinned by outcomes that matter to childrens wellbeing,will drive policy coherence across the Australian Government.Prioritising coordination across the Australian Government will improve accountability for the wellbeing,education and development of Australias children.40 community with connection to cultureDRAFT FOR CONSULTATION Aboriginal and Torres Strait Islander children are strong,healthy and well in As outlined in the National and Aboriginal and Torres Strait Islander Early Childhood Strategy,Aboriginal and Torres Strait Islander children should be able to thrive and grow up healthy,supported by strong families,and proud in culture.Across Australia,families and communities successfully support and nurture their young children.However,wide gaps in early childhood development outcomes persist.70 The National Aboriginal and Torres Strait Islander Early Childhood Strategy was developed in partnership with SNAICC National Voice for our Children and the Australian Government.It sets out five key goals for Aboriginal and Torres Strait Islander children,the outcomes to be achieved and the opportunities for reform.The Early Years Strategy re-affirms these goals and relevant opportunities for reform will be incorporated within the Strategys action plans.Through embedding the Priority Reforms set out in the National Agreement on Closing the Gap(the National Agreement),the Australian Government is working in partnership with Aboriginal and Torres Strait Islander people,communities and organisations,to implement the policy reform and supports needed to improve early childhood development,health and wellbeing outcomes for Aboriginal and Torres Strait Islander children.The Early Years Strategy embeds throughout the commitments made through the National Agreement.The Early Childhood Care and Development Policy Partnership is a shared decision-making mechanism implemented by the Australian Government to enable Aboriginal and Torres Strait Islander peoples to work in genuine partnership with governments to drive comm unity-led,early childhood care and development outcomes.The Partnership brings together governments and Aboriginal and Torres Strait Islander representatives to develop recommendations to improve early childhood outcomes for Aboriginal and Torres Strait Islander children and families across several sectors including early childhood education and care,maternal and child health,child safety and children and families.The Australian Government is also committed to strengthening the Aboriginal and Torres St rait Islander community controlled early years sector.The Early Childhood Care and Development Sector Strengthening Plan was released in late 2021 and outlines the critical role of Aboriginal and Torres Strait Islander Community Controlled Organisations in leadership and service delivery to support the safety,wellbeing,health and development of children in their early years.The Early Years Strategy reaffirms the areas of action outlined in the Sector Strengthening Plan.41 DRAFT FOR CONSULTATION The Early Years Strategy vision,principles,outcomes and priority focus areas The Early Years Strategy sets out a bold vision and guides the efforts of the Australian Government to improve wellbeing outcomes for all children in Australia from 0 to 5 years.The Early Years Strategy vision,guiding principles,outcomes and priority focus areas describe the things we know need to work well to achieve the results Australians,including children,want the Strategy to achieve.They take into account the whole child,and reflect the critical importance of parents and families,supported by connected communities.Vision what the Australian Government aspires to achieve though the Strategy to secure the best start in life for young children in Australia Guiding Principles how the Australian Government does its early years work Outcomes the changes needed in order for the vision to be realised Priority Focus Areas where the Australian Government will focus its attention to have the greatest impact to meet the outcomes,and what will inform the activities in Action Plans.The Vision All children in Australia thrive in their early years.They reach their full potential,nurtured by empowered and connected families,who in turn are supported by strong communities.This vision expresses the shared hopes,dreams and aspirations for Australias babies,infants,toddlers and into their preschool years preparing them for their future by having the best possible start in life.It distils what we have heard from parents and communities and from the services supporting them.It embodies a commitment to wellbeing,equity and fairness.As with any vision it is aspirational and reflects the destination,not the starting point.Together we will achieve more for children The vision cannot be realised by the Australian Government alone it sets the direction and course for our collective efforts across Government,through partnerships with other governments,the service sector,communities,and with families themselves.It sets a national aspiration for whole-of-child care.It shows the importance of nurturing and connecting with newborn babies from the very moment they open their eyes,of supporting parents to feel informed and empowered in their role,and be confident to connect with communities that can help them.The vision responds to what we heard through the consultation period.For example,when asked what are your biggest hopes for children in the early years?Australians told us they want all children to:feel safe,supported,loved and secure grow,learn and develop in safe and secure environments develop the skills they need to set them up for success later in life.42 DRAFT FOR CONSULTATION The Vision is bold,clear and concise The vision places children at the centre of this Strategy.It is our holistic aspiration to support every child,with no child left behind,and encourages all of us to support all children to thrive,enjoy their early years,and reach their potential.“Thats me as a baby and Im getting a little bit bigger.Thats me playing soccer.Im going to be a soccer player and Im going to the World Cup.”(Childrens consultation)“Parents and communities should be supported and empowered to provide safe,caring,and nurturing experiences and environments for ALL children.”71(Submission)43 -DRAFT FOR CONSULTATION The Guiding Principles The Guiding Principles inform how the Australian Government will work to support children and families in the early years through its actions,decisions and behaviour.The Guiding Principles have already informed the approach to developing the Strategy.The Guiding Principles will shape activity under the Priority Focus Areas.The following table sets out five Guiding Principles,which shape the Strategys approach,from consultation and development,to delivery and implementation.Principles What we will do How we will do it Principle 1:Embed the voices of children and their Seek out,listen to and act on the Child and families in the policies and decisions perspectives of children and families.family centred that affect them.Focus on what they tell us they need,and be flexible and responsive when circumstances change.Prioritise childrens perspective and keep their wishes,feelings and expertise in focus.Recognise each family has individual goals,expectations and values.Principle 2:Focus on the abilities,knowledge and Recognise children and families know Strengths capacities of young children and their their lives and needs best and have based families.unique strengths,capabilities and resources.Empower children and families to set their own goals that build on their existing strengths.Principle 3:Respect and value the roles that Recognise parents and caregivers roles Respect for parents,kin,carers,community,as first teachers who know their families and language and culture play for children.children best.the community Recognise and support families and local communities to maintain strong culture and links to their heritage,languages,traditions and to Country.44 DRAFT FOR CONSULTATION Principles What we will do How we will do it Principle 4:Ensure supports and services are Equity and inclusion are a non-Equitable,equitable,inclusive,and accessible,negotiable.inclusive and and value all forms of diversity respectful of including in relation to gender,culture,Ensure supports and services are diversity language,place and disability.culturally safe and appropriate.Recognise,respect and facilitate the role of non-government organisations,including the Aboriginal and Torres Strait Islander community controlled sector,in providing supports and services Principle 5:Continually build on and then draw on Focus on building and improving an Evidence the latest available data,evidence and Australian evidence base to better informed insights to design,develop and review supports and services for children and families.support the development,implementation and monitoring of supports and services.Enable data sharing and evidence for use by governments and communities to evaluate interventions and resources.45 DRAFT FOR CONSULTATION The Outcomes The outcomes describe what success looks like in the early years.The Strategy identifies eight outcomes to inspire and measure change The outcomes cannot be achieved by the Australian Government on its own.They require the efforts of all those involved in the early years including parents,families and caregivers,communities,all tiers of government,the service sector and the philanthropic sector.This includes through how we work to join up our work.For the Australian Government,the outcomes focus our efforts,and signal to other stakeholders what we are aiming to achieve in the early years.The outcomes also support development of an Outcomes Framework that will help the Australian Government to measure and report the results we achieve.This Framework will be supported by a range of indicators reflecting the multidimensional nature of each outcome and the intersections across outcomes.We will know we have met our Vision for the early years when the outcomes are achieved.The outcomes reflect what we heard in consultations about what matters in the early years and recognise that childrens outcomes are shaped by their families wellbeing and resources.They are grounded in wellbeing frameworks and models that take a holistic approach to children and situate their wellbeing in relation to their parents and caregivers,then communities and society.72 They are evidence-based and internationally recognised as the elements that matter to young childrens health and wellbeing.73 While the outcomes have been customised for this Strategy,they do align with the six domains that form the Nest,a wellbeing framework developed by ARACY the Australian Research Alliance for Children and Youth.74 There are two areas covered in this Strategy which are additional to the ones outlined in the Nest:outcomes specifically for parents and for communities and one that reflects the voice of young children.The interconnected nature of child wellbeing means that the child well-being outcomes overlap,where uplifting one area of childrens lives often requires improving outcomes in,and/or connections with other areas.75 In practice,they operate as rich feedback loops to each other.The outcomes are multidimensional,capturing different aspects of childrens lives.They are the goals we will use to measure how children are faring here and how well they are growing and developing.They are also the goals we will use to measure how supported families are,as well as the communities that wrap around them.There is a dedicated outcome that reflects what young children told us they valued(play and imagination).Above all others this will be a constant reminder of the importance of valuing children and their voices.“Thriving children are doing well in multiple aspects of their lives.Theyre healthy and active,with access to good food,healthcare,and a safe environment.Emotionally,theyre resilient and confident,able to handle their feelings and build positive relationships with others.They have a strong sense of who they are and where they come from,embracing their cultural identity and feeling like they belong.”(Family services roundtable consultation)46 DRAFT FOR CONSULTATION“The Early Years Strategy needs to value children for who they are now and allow childhood to be playful and carefree,in addition to providing them with a good start to life.”76(Submission)“I made a park I like to play in.”(Childrens consultation)“Parents and primary carers cannot do the job of raising children in isolation.The phrase may be overworn,but it still takes a village to raise a child.The confidence,knowledge and skills required to be a parent come from family,friends and community.”77(Submission)The outcomes are:Children are nurtured and safe This means children are supported by their parents,caregivers and families,nurtured and safe from harm within their homes and communities,and able to spend quality time with their parents,family and friends.Children are socially,emotionally and physically healthy This means children have the best possible opportunities,to build self-esteem,respect and resilience,develop physical capabilities,social competence and mental wellbeing and live happy,healthy lives.Strong language and communication skills support healthy development and enable children to express their emotions and connect positively with others.Children are learning This means children are engaged in positive,safe and stimulating learning environments that build healthy brains and bodies from the very moment they come into their world.From birth,children learn through play when they explore and engage with the people and environment around them.They learn best in safe and stimulating environments and when engaged in positive and responsive relationships with their families and carers at home and with educators and teachers in ECEC settings.Environments that promote and extend childrens cognitive capabilities help children to better think,understand the world around them and solve problems.This foundational learning established early in life promotes the 47 DRAFT FOR CONSULTATION development of confident and creative individuals and creates a strong pathway for successful learning in formal education settings.Children have strong identities and connections to culture This means all children have the best opportunities to grow up in environments where they can develop positive social and emotional connection to their peers and others,are connected to their own culture,language,beliefs and identity and are supported to exercise increasing autonomy as they age and develop.All cultures and family identities are respected and valued.Australias multiculturalism and the diversity of all families is celebrated in the Early Years Strategy.This includes ensuring that Aboriginal and Torres Strait Islander childrens connection to culture is strong,in particular to their own cultural identity,and they have access to culturally safe and appropriate early childhood education and care.Aboriginal and Torres Strait Islander culture,lore,wisdom and knowledge are acknowledged and respected.Children have opportunities to play and imagine This means honouring childhood through providing children with the right to be children in the here and now to have opportunities to play,imagine and express themselves creatively.It is about all children,and their families,having the opportunity to experience the joy of early childhood.Play is important to young children.We need to value it more as a society.We need to understand what children want and what works to stimulate them such as open ended play and toys,playtime outside,lots of imaginative play,dress-ups,rhymes,singing,and quality playtime with those they love.Material basics are met This means children have access to items that are regarded as essential or necessary.This may include adequate food and nutrition,healthcare,household income and housing.It recognises that economic participation is the best way to alleviate poverty and disadvantage and that one of the best ways of achieving this is through having a job.Families are empowered,connected and supported This means supporting and empowering parents,carers,and families to meet the health,social,emotional,developmental and educational needs of children in the early years.It means they are equipped with the skills,capabilities and resources they need to support children to thrive in their early years.Communities are strong and inclusive places for children and their parents or carers to live,grow,play and connect It takes a village to raise a child.This means communities must be safe,inclusive and enriching places that welcome children and their families,encourage a sense of belonging and a connectedness to people,land and nature and an environment that assists children develop social and other skills essential for healthy childhood development.Communities can be based on geographical location and involve the sharing local amenities,supports and 48 DRAFT FOR CONSULTATION services and the built and natural environment.Other communities are not based on location but rather where people connect(for example through online networks)based on shared circumstances,including the LGBTIQA community and the disability community.49 DRAFT FOR CONSULTATION The Priority Focus Areas The Priority Focus Areas outline where the Australian Government will direct efforts to achieve the vision and outcomes.Throughout the consultations,we heard from parents and families that in the early years they wanted enough time to spend with their children.They wanted to be empowered and supported,beginning during pregnancy.They also wanted to provide their children with what they need,focusing on families strengths.The Australian Government seeks to further empower parents,caregivers and families to raise thriving children as well as strengthen the early childhood development arrangements that supports them.To do this we need to re-examine Australian Government services that support children and parents,as well as the communities they live in,and identify opportunities to improve how we work.We will do this by prioritising four key focus areas:1.Value the early years 2.Empower parents,families and caregivers 3.Support and work with communities 4.Strengthen accountability and coordination Actions to deliver each priority focus area will be outlined in the Action Plans.Priority Focus Area 1:Value the early years Priority Focus Area 1.1:Raise awareness about why early childhood matters Building awareness of the critical importance of the early years and the factors that support early childhood development will ensure children are surrounded by change agents well equipped to provide early childhood environments which support the health and wellbeing of all babies,infants,toddlers and pre-schoolers.How people view the first five years of life is an important determinant of the priority the early years are given by parents,communities,organisations and wider society.While the science is clear about the importance of early childhood development,there is an opportunity to ensure everyone has the understanding and knowledge to act.This priority addresses the opportunity to ensure that how we prioritise early childhood,and how we should all act to achieve good outcomes for children and families in the early years,aligns with what the science and evidence tells us.Everyone has a role to play in supporting the early years.The Australian Government is in a unique position to build awareness across the nation.There is an opportunity to shape how parents,fami
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