Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill 2025: CRWIA

Child Rights and Wellbeing Impact Assessment

1. Brief Summary

Type of proposal: Bill

Key Terms

Denominational schools – a school associated with a particular religious denomination.

Non-denominational schools – a school that does not attach itself to a particular religious belief or tradition.

Exemption – special permission not to do something.

Legal coherence – a clear relationship between aspects of the law so they work together in a reasonable way. In this case, it means coherence between different pieces of legislation so that public authorities know how to operate in accordance with all of their legal duties.

Parent – in this document ‘parent’ is used to describe anyone with parental responsibilities or care of a child or young person, including carers or guardians.

Religious Observance (RO) (also called ‘Time for Reflection’ or ‘Collective Worship’) – in guidance for schools RO is defined as “Community acts which aim to promote the spiritual development of all members of the school's community and express and celebrate the shared values of the school community.” Guidance also notes that RO should be “sensitive to individual spiritual needs and beliefs, whether these come from a faith/belief or non-faith perspective” and that it is “of central importance that all pupils and staff can participate with integrity in forms of RO without compromise to their personal beliefs”.

Religious and Moral Education (RME) (referred to, in denominational schools, as religious education, or sometimes RERC in Catholic schools; in this document, unless stated otherwise, RME is used to describe teaching in both non-denominational and denominational schools) – in guidance for schools RME (non-denominational) is a process where children and young people engage in a search for meaning, value and purpose in life, including developing and reflecting upon their own values. It involves both exploring beliefs and values and the study of how such beliefs and values are expressed, across major world religions and views independent of religious belief.

RE (denominational) in Catholic schools takes place within the context of the wider Catholic faith community, in partnership with home and parish. It is an integral part of the Catholic school, which is itself a community of faith. It is designed to assist children and young people to be increasingly able to make an informed and mature response to God in faith and to nurture that faith. It offers opportunities for both evangelisation – proclaiming the Gospel message to all – and catechesis – the deepening of existing faith commitments among believers. It also enables pupils to understand and appreciate significant aspects of other Christian traditions and major world religions

RO/RME – as noted above, RO and RME are two different parts of the school experience, but to make reading this document easier, a catch-all label of ‘RO/RME’ is used to describe RO and RME (including religious education in denominational schools, unless otherwise stated).

Withdrawal – in this context, withdrawal from RO/RME means that there has been a request from a parent to remove the child from participation in RO and/or RME. Withdrawal does not always mean being taken out of the class/assembly where RO/RME is happening, it can also mean being present but not participating, or doing other activities within the same classroom.

Guidance on RO and RME is clear that pupils should not be disadvantaged by withdrawal, and should be given other worthwhile activities during this time.

Name the proposal, and describe its overall aims and intended purpose.

Overview

The Scottish Government is committed to upholding the rule of law by ensuring that our laws are clear, accessible and effective. The Scottish Government is also committed to fully realising the human rights of all people in Scotland, including complying with international human rights obligations.

The Scottish Government is therefore introducing the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill (the Bill) which contains targeted and technical measures aimed at enhancing the coherence and clarity of:

• the processes for withdrawal from religious observance (RO) and religious and moral education (RME) in schools;
• the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 (“the UNCRC Act”).

Specifically, the Bill will amend both the UNCRC Act and the Education (Scotland) Act 1980) (“the 1980 Act”) to provide clarity to public authorities on how they should interpret and apply their duties, and improve the clarity of the legal framework for the rights of children and young people in Scotland.

The overarching policy objectives are to:

• RO/RME: Amend the 1980 Act to require that pupils’ views are considered when parents are exercising their right to withdraw their child from RO/RME in order to provide clarity and align legislation with existing non-statutory guidance.
• UNCRC Act: Amend the UNCRC Act to add an exemption to the Section 6 compatibility duty in the UNCRC Act, in circumstances where a public authority has to act incompatibly with UNCRC requirements in order to fulfil duties in Scottish Parliament derived legislation.

These two areas are detailed below.

Religious Observance and Religious and Moral Education in Schools

Section 9 of the Education (Scotland) Act 1980 (the 1980 Act) gives parents a right to withdraw their child from RO and/or RME as a subject, without taking into account the views of the child. While longstanding non-statutory guidance on RO notes that “schools should include children and young people in any discussions about aspects of their school experience, ensuring their views are taken into account”, there is no legal requirement to consider a child’s views as part of the withdrawal process.

Scotland, as part of the UK, is a signatory of the UN Convention on the Rights of the Child (“UNCRC”), which was recently incorporated into Scots Law by the

UNCRC (Incorporation) (Scotland) Act 2024. Scotland, as part of the UK, is bound by the international obligations flowing from the UN Convention on the Rights of the Child (“UNCRC”). The current legislation on RO/RME raises questions in connection with the Scottish Government’s obligations under the UNCRC, – namely, article 12 of the UNCRC, which gives children the right to have their views considered in matters which affect them, with due weight being given in accordance with the age and maturity of the child. It also raises questions in relation to article 14, which details the right to freedom of thought, conscience and religion.

Therefore, to ensure clarity and put the position in relation to UNCRC compliance beyond doubt as a matter of priority, the Bill proposes to amend section 9 of the 1980 Act to qualify the parental right to withdraw to ensure that the child’s views are considered as part of any withdrawal request, with due weight being given in line with the child's age and maturity.

Amendment to the UNCRC Act

This Bill will introduce an exemption to the section 6 compatibility duty in the UNCRC Act in circumstances where a public authority is compelled to act incompatibly with UNCRC requirements in fulfilment of another Act of the Scottish Parliament, or in relation to secondary legislation, where the incompatibility was mandated by an Act of the Scottish Parliament.

The UNCRC Act requires public authorities, including persons delivering functions of a public nature (such as private actors providing public services) to act compatibly with the rights set out in that Act. There is the theoretical possibility however that another Act of the Scottish Parliament could be argued to require them to act incompatibly with the UNCRC Act.

The Scottish Government is therefore making this change to:

• Minimise complexity for public authorities in reading and understanding their duties under the UNCRC Act;
• Ensure legal coherence; and
• Ensure that the delivery of essential services that support children can continue, where a potential incompatibility arises.

The exemption will make clear that the compatibility duty does not apply if a public authority is delivering its functions in fulfilment of another Act of the Scottish Parliament that prevents them from acting compatibly.

Officials are working with Together (Scottish Alliance for Children’s Rights) to develop a child friendly explainer of this, which will be made publicly available.

Start date of proposal’s development: 08/08/2024

Start date of CRWIA process: 12/02/2025

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024, which aspects of the proposal are relevant to/impact upon children’s rights?

Religious Observance and Religious and Moral Education in Schools

As noted above, the proposed changes aim to address the questions raised by the current legislation in relation to article 12 of the UNCRC, which gives children the right to have their views considered in matters which affect them, with due weight being given in accordance with the age and maturity of the child. The proposals also address questions in relation to article 14, which details the right to freedom of thought, conscience and religion.

However, the proposed changes are also relevant to article 5, parental guidance and the child’s evolving capacities, and to article 29 regarding the education of the child being directed to:

• The development of the child’s personality, talents and mental and physical abilities to their fullest potential;
• The development of respect for the child’s parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own;
• The preparation of the child for responsible life in a free society, in the spirit of understanding, peace, tolerance, equality of sexes, and friendship among all peoples, ethnic, national and religious groups and persons of indigenous origin;
• The development of respect for the natural environment.

Additionally, by amending the current legislation in the 1980 Act, the Scottish Government is supporting alignment of legislation with the UNCRC in its international form and effectively aligning legislation with long standing guidance on RO which has the potential to positively impact article 4 (implementing the convention).

In terms of particular groups of children and young people likely to be affected by the proposed changes, all those of school age (4-18) have the potential to be affected by the changes. However, the Scottish Government anticipates that the changes may particularly affect those attending denominational schools (of which, as of the September 2024 School and Pupil Census there are 362 denominational schools – around 15% of all schools in Scotland – with 358 of these being Roman Catholic), given the central role played by religious faith in these schools’ ethos and practice. In non-denominational schools, those with a religious background which is not Christian may be particularly affected, given that guidance on RO notes “in recognition of Scotland's Christian heritage, non-denominational schools are also encouraged to draw upon the rich resources of this tradition when planning RO”, though it is also noted that RO should be inclusive and developed in a way which reflects and understands the diversity of modern Scotland. Those whose parents have strong views on religion, whether this is from a faith or non-faith perspective may also be particularly affected.

Amendment to the UNCRC Act

The article most relevant to the proposed UNCRC Act amendment is:

Article 4 - States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention […]

The exemption is not intended to remove access to a remedy where a potential incompatibility with the UNCRC Act arises. Instead, it will ensure that any such legal challenge is directed at the underlying legislation which may have created the incompatibility.

This approach is intended to enhance democratic accountability, by ensuring that responsibility for addressing legislative incompatibilities rests with the Scottish Ministers and the Scottish Parliament. It also helps maintain the delivery of essential services while those issues are resolved. In this way, the provisions supports a more effective, transparent, and sustainable implementation of the UNCRC Act in practice.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Religious Observance and Religious and Moral Education in Schools

Evidence from: Existing research/reports/policy expertise:

A 2024 paper published in the British Journal of Religious Education^[1] asserts that school handbooks do not necessarily match the expectations set out in legislation and guidance in relation to RO/RME withdrawal.

The paper relates that in a sample of 90 school handbooks from a single local authority area, “Thirty-three handbooks did not contain any mention of RME and failed to comply with the existing legislative expectations to inform parents regarding provision or withdrawal. Of the remaining 57 that did include some discussion of RME, only 14 (14.6% of the total sample) complied to at least some degree with the expectation to inform parents of the right to withdraw.”

A paper from 2005^[2] published in the International Journal of Law, Policy and the Family concludes that governments need to find a way to accommodate children’s views when making decisions where wider public interests are at stake to ensure the current domestic provisions are compatible with the UNCRC.

The paper examines the extent to which the law should permit that requests from parents with regards to specific aspects in the education of their children, such as the absolute right of withdrawal of their children from religious education, should be permitted without considering any other factors, in particular the child’s rights.

A Young Scot 2025 insights survey “Truth About Youth”^[3] collected data on how young people aged 11 to 25 felt about a variety of topics. There are a number of questions related to religion in a broader sense, which are not necessarily linked to RO/RME provision. However, these findings highlight that young people have experienced religious discrimination and negative comments in schools. This highlights the need for building respect for and understanding of different faiths and beliefs in schools, something which is supported by RME. In giving pupils the chance to object to their withdrawal from RME, the changes in the Bill may support greater religious tolerance in schools and communities.

Together (Scottish Alliance for Children’s Rights) conducted a survey in 2024 “State of Children’s Rights in Scotland”^[4] which gathered data from 220 babies, children and young people on their experiences of rights. In this survey some young people highlighted “their right to freedom of religion and called for more to be done to ensure this was respected within communities”. As with the survey above, while the survey did not pose questions specific to RO/RME, these findings highlight the need for building respect for pupils’ freedom of religion in schools.

Consultation/feedback from stakeholders:

A consultation on ‘Proposals to Amend the Legislation on Religious Observance and Religious Education in Schools to Support Alignment with the United Nations Convention on the Rights of the Child’ was published in November 2024 and closed on 26 January 2025.

The consultation received over five hundred responses. The Scottish Government expects the consultation analysis report to be published before the end of this academic year, and this will continue to inform our consideration of children’s rights throughout the passage and implementation of the Bill and any associated guidance.

Interim findings indicate that there are a wide range of stakeholder views on this issue, with some objecting to any legislative changes and others of the view that far more radical change is needed, for example providing a parallel right to withdraw for learners (Humanist Society Scotland), or by contrast removing the right to withdraw entirely for either or both RO and RME. The proposed change will meet obligations under UNCRC but present a ‘middle ground’ which would effectively align legislation with existing guidance. It is proposed that this approach supports alignment with the UNCRC by ensuring children’s views are considered, as well as supporting their right to education including their spiritual development. This is balanced with the need to uphold parental rights, and with the aim of avoiding additional workload for schools which might be disproportionate to the resulting benefits.

The Children and Young People’s Commissioner for Scotland (CYPCS) has published her response to the consultation online, which raised concerns about the lack of a proposed reciprocal right for a child to withdraw themselves from RO/ RME, and noted that, in addition to not significantly improving children’s rights, the proposal may also be incompatible with “parents’ human rights under Articles 8 and 9 and A2P1 of the [European Convention on Human Rights] (ECHR), through weakening their existing legal right to withdraw their child from religious observance.”

While the Scottish Government recognises the concerns raised by the CYPCS in relation to the proposals in the consultation, officials believe these concerns would not apply to the proposed Bill. This is because of the sufficiently objective and pluralist nature of RO/RME as well as because the parental right of withdrawal only recedes in a manner consistent with the evolving capacities of the child, which in the Scottish Government’s view is not incompatible with either the ECHR or the UNCRC.

The five key stakeholders the Scottish Government has engaged with, and will continue to engage with through implementation are the Humanist Society Scotland, the Scottish Catholic Education Service, the Association of Directors of Education in Scotland, Together (Scottish Alliance for Children’s Rights) and the Scottish Teachers Association of RME.

The Association of Directors of Education also conducted a joint survey with the Scottish Government on the number of pupils that have been withdrawn from either RO or RME or both. They sampled schools in 3 local authorities (Aberdeenshire, East Lothian and East Renfrewshire). One hundred and sixteen schools responded, accounting for approximately 48% of schools in the sample area. 36,166 pupils are currently enrolled in the responding schools. A total of 213 pupils were withdrawn from RO, RME or both (0.59%). 143 were withdrawn from RO only, while 9 were withdrawn from RME only, and 61 pupils were withdrawn from both RO and RME.

Applying the survey figures to published statistics for 2024 on primary, secondary, and special schools, amounting to 702,419 total pupils across 2445 schools, suggests that approximately 4,144 pupils in total are currently withdrawn from RO, RME or both. If the survey results are reflective of withdrawal rates across Scotland, then this suggests significant variation between schools, with some schools reporting no withdrawals at all, and some reporting 10 or more. However, there is insufficient data to suggest any particular reasons behind the variation.

Census data published in May 2024 showed that the majority of people in Scotland said they had no religion for the first time. In 2022 51.1% of people had no religion, up from 36.7% in 2011. The percentage of people with no religion has increased since 2001, coinciding with a decrease in people belonging to the Church of Scotland.

Amendment to the UNCRC Act

In developing this these provisions, the Scottish Government conducted targeted stakeholder engagement to explain the rationale behind the exemption and explore its practical implications. This included engagement with the UNCRC Strategic Implementation Board, which has representatives from the CYPCS Office, Together, UNICEF, and the Scottish Courts and Tribunals Service. In addition, the Scottish Government engaged with the Embedding Children’s Rights in Public Services Group, the Convention of Scottish Local Authorities (COSLA), the UNCRC Peer Support Network, NHS Education Scotland and the Society of Local Authority Lawyers & Administrators in Scotland (SOLAR).

There was also written engagement with CYPCS, Together, Scottish Human Rights Commission and UNICEF UK. No written responses were received other than from the CYPCS.

CYPCS advised that they had no strong objection to the reasoning for the amendment but would like to see some arrangements in place to ensure that, where there are areas of legislative incompatibility, these are made visible so that they can be prioritised for amendment. The Scottish Government will work with the Children and Young People’s Commissioner Scotland to ensure there is a notification process in place, on a non-statutory basis to address these issues.

In our engagement with public authorities, they welcomed the additional clarity that this change will introduce, making it easier for them to interpret and apply their duties.

All stakeholders consulted understood the rationale for this amendment and did not raise any concerns.

Consultation/feedback directly from children and young people:

Religious Observance and Religious and Moral Education in Schools

There is limited evidence from children collected from the public consultation process, with only three responses being from children.

From the three children that responded to the consultation, two are broadly supportive of the proposal and one is not, and raises a number of reservations and concerns.

One pupil states that the proposals do not go far enough, their view is that responsibility for observing RO and partaking in RME should lie with the child, of any age, and that RO should not be mandatory for children and young people.

The other pupil supports that the views of children and young people are considered in the decision making process (along with their parent’s). However, they raise concerns and questions around why a parent would choose a denominational school for their child and then withdraw them from RO/RME.

The pupil that is not supportive raises various concerns. They highlight the important role of RO/RME in a school setting in terms of personal development, understanding diverse perspectives, and fostering ethical thinking; while also noting the challenges in implementation. This could be particularly difficult for denominational schools where RO/RME is integrated into daily school life, as teachers may find it difficult to provide meaningful alternatives that offer the same educational value for pupils who are withdrawn. This could negatively impact pupils as they could feel left out and miss out on crucial learning opportunities. They also highlight the maturity of younger pupils to make informed and supported decisions. Finally, they raise issues around teacher workload and logistical challenges.

In December 2017 the Scottish Youth Parliament issued a joint letter to the Scottish Government with Humanist Society Scotland, LGBT Youth Scotland, Together (Scottish Alliance for Children’s Rights) and the Scottish Council for Voluntary Organisations, calling for an opt out for young people from RO in schools. This call was reiterated by Members of the Scottish Youth Parliament (MSYPs) in 2018 at the Scottish Government’s Annual Cabinet Meeting with Children and Young People, following the 2017 update to the RO guidance.

More recently, the Scottish Government met with 4 MSYPs to discuss the current proposals as a precursor to more substantial engagement on the development of statutory guidance on RO/RME. They expressed support for greater autonomy for children and young people in this area, noting the need to ensure that schools understand the pupil’s perspective. It was felt that some pupils are likely to act according to their own views on RO/RME regardless of the process, for example through not attending RO/RME when they are asked to, or by attending RO/RME when their parents have withdrawn them.

However, they also noted the need to provide clear guidance for schools, particularly around assessing a pupil’s capacity to form a view, avoiding bias, and consideration of minority faiths, particularly in denominational schools. It was also felt that clear communication between pupils and schools was important, including regarding pupils’ rights, the reasons for RO/RME in schools, where to go for help, and offering multiple ways for pupils to express their views. It was also remarked that LGBT young people and those from stricter religious backgrounds may be particularly affected by the changes.

In addition to engagement with children and young people, the Scottish Government has also engaged with organisations who work directly with children and young people to gather their views. Officials have had stakeholder discussions with representatives from the office of the CYPCS and Together (Scottish Alliance for Children’s Rights).

Both organisations made clear that while changes to strengthen children’s rights in this area were welcome, their view was that more substantial changes should be made to align with the recommendations in the 2016 and 2023 concluding observations from the UN Committee on the Rights of the Child.

In particular, CYPCS advised in their consultation response that the issue of RO is one that continues to be raised with them by children and young people, and that those they spoke to felt they should be able to withdraw from, or opt into, RO if they wished. Support was also expressed for the idea that pupils should continue to experience RME in both primary and secondary school.

As well as the right to withdraw, they also noted reports from children and young people that their RO experiences had been exclusively Christian, despite attending non-denominational schools with pupils from a range of faiths. This suggests that the current guidance on RO, which notes the importance of being inclusive of pupils of all faiths and no faith, may not always be fully implemented in schools.

CYPCS also highlighted their own separate concerns that the proposed changes may weaken parental rights, if the ability to make a final decision on withdrawal was transferred from parents to the state.

Amendment to the UNCRC Act

As part of our programme of engagement, the Scottish Government wants to ensure that children and young people are able to understand the rationale for this amendment, which is seen as essential. As set out above, Together (Scottish Alliance for Children’s Rights) also worked with the children and young people consulted on the original UNCRC Bill to explore these provisions and develop a child-friendly explainer, which will be shared with key children’s rights stakeholders. In developing this explainer, children and young people thought it was important to make clear that the change is a positive step, ensuring the government is accountable rather than individual services.

4. Further to the evidence described at ‘3’ have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

Religious Observance and Religious and Moral Education in Schools

The Scottish Government is conscious that there is not enough evidence from children and young people in relation to RO and RME, therefore plans to address this are in place to conduct further direct engagement. This includes a further session with MSYPs to further explore the views of young people.

This engagement will inform our consideration of children’s rights throughout the passage and implementation of the Bill. However, it will also crucially inform the development of guidance about the withdrawal process to ensure children and young people’s voices are heard. There is some more information about this in question 9.

Next steps

The Scottish Government is considering a range of options for how to meaningfully collect data from children and young people in relation to RO and RME. Officials have also been exploring how to use existing children and young people groups and organisations to gather further feedback and evidence of children and young people’s views.

5. Analysis of Evidence

Religious Observance and Religious and Moral Education in Schools

While the CYPCS and Humanist Society Scotland raised concerns about there not being a reciprocal right for a child to withdraw themselves from RO, we consider there will be a positive impact in relation to article 12 (respect for the views of the child). This is because the proposals seek to ensure the views of the child are given due weight in accordance with their age and maturity.

Though the changes proposed in the Bill do not deliver the recommendations of the UN Committee on the Rights of the Child mentioned above in their entirety, they align with the requirements of article 12 and represent a clear improvement in the consideration of children and young people’s views on withdrawal from RO/RME. Currently, while guidance on RO makes clear that pupil views should be considered in discussions about withdrawal, evidence from consultation and engagement suggests that this is not consistently implemented in practice. By introducing a legal requirement to consider pupil views when a parent submits a withdrawal request, as well as providing clarity on the process through new statutory guidance, all pupils should have their views heard following a withdrawal request.

As noted above, the CYPCS expressed separate concerns that the proposed changes may weaken parental rights, if the ability to make a final decision on withdrawal was transferred from parents to the state. It should be noted that the proposed Bill does not make this change, instead, in effect, it transfers the final decision to the child where the child is judged to be capable of forming a view by the school. If the child is not considered capable of forming a view, the decision will remain with the parent.

This is in line with the concept of ‘evolving capacities’ in the UNCRC, and the UN Committee on the Rights of the Child’s General Comment 20 on the implementation of the rights of the child during adolescence, which notes that “the more a child knows and understands, the more his or her parents will have to transform direction and guidance into reminders and gradually to an exchange on an equal footing.”

Therefore, the Scottish Government would assess a neutral impact regarding article 5 (parental guidance and a child’s evolving capacities) as that right states that parental rights are contingent on the evolving capacity of the child. As such, it is aligned with article 5 for the parental right to recede in accordance with the age and maturity of the child to make the decision.

The Scottish Government also assesses a positive impact in relation to article 14 (freedom of thought, conscience and religion), as the changes will prevent a pupil from being withdrawn from RO against their wishes (where they are judged to have the capacity to form a view, which aligns with the recognition of the role played by the child’s evolving capacity in article 14). The Scottish Government recognises the views expressed by some stakeholders and consultation respondents, that there should be an independent right for pupils to withdraw from RO. However, on balancing article 14 with article 5 and wider parental rights (including under the ECHR), and acknowledging the inclusive and pluralistic nature of RO in non-denominational schools, the Scottish Government does not assess that the absence of an independent opt out from RO alters the positive impact of the proposed changes.

In relation to article 29 (goals of education) the Scottish Government assesses a positive impact, as the changes will prevent a pupil from being withdrawn from RME against their wishes (where they are judged to have the capacity to form a view), and support them to develop their talents and abilities to their fullest potential in RME if they wish. Given one of the aims of RME in Curriculum for Excellence is to develop respect for others and an understanding of beliefs and practices which are different from their own, remaining in RME will also support the preparation of the pupil for life in a free society in the spirit of understanding and tolerance, as well as friendship among religious groups (article 29(d)). Given that many faiths include respect for the natural environment, remaining in RME may also support pupils to develop this (article 29(e)).

Amendment to the UNCRC Act

In developing these provisions, the Scottish Government has drawn on relevant legal models, such as the Human Rights Act 1998, to ensure coherence and clarity in how public authorities can apply their duties under the UNCRC Act. While officials have not specifically sought stakeholder views on the detailed design of the provisions, our wider engagement has helped inform its development.

6. What changes (if any) have been made to the proposal as a result of this assessment?

Religious Observance and Religious and Moral Education in Schools

This assessment has reinforced the need for making the changes proposed in the Bill. In particular the need to ensure consideration of pupils’ views in the withdrawal process, and provide clarity by aligning legislation with existing non-statutory guidance to ensure a more consistent experience for all pupils. These changes will put beyond doubt the position in Scotland in relation to UNCRC obligations in this context.

Amendment to the UNCRC Act

This assessment has reinforced the importance of the proposed provision in supporting the effective implementation of the UNCRC Act. As the change is necessary to ensure legal coherence and continuity in the delivery of services to children, no further changes to the proposal have been required as a result of this assessment. However, the assessment has helped confirm that the approach taken strikes the right balance between protecting children’s rights, ensuring legal coherence, and supporting public authorities in fulfilling their duties.