Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill: consumer duty assessment

Planning

Impacted consumers

When reading the wider definition of consumer to include:

‘users of public services. This includes using statutory services such as waste and recycling, education, and health and social care services etc. provided by public authorities’

There are consumers which could be potentially impacted as a result of the measures in the Bill.

Religious Observance and Religious and Moral Education in Schools

Firstly, pupils attending publicly funded schools and their parents would be considered consumers who may be impacted by the RO/RME aspects of the Bill. Schools themselves deliver services as opposed to receiving them, and therefore it is not anticipated they would be considered consumers in this instance. However, given they will be required to implement changes to the RO/RME withdrawal process resulting from this Scottish Government legislation, it is important to note the impact of delivering this change to consumers, and the associated need for the Scottish Government to support schools in doing so to mitigate any potential indirect negative impacts for consumers.

When taking a proportionate approach to this assessment we deem there to be a positive impact on consumers under the RO/RME provisions (in this case, children attending publicly funded schools), specifically relating to the representation and fairness principles. As there is no reciprocal right for the child to initiate a request to withdraw, we would not include the choice principle as relevant. We do not assess the remaining principles as relevant either. Additionally, the Scottish Government plans to bring in guidance to support schools to implement this change, in order to mitigate any potential confusion over implementing the process, which may give rise to delays, errors and potential stress for schools, pupils and parents. These potentially negative impacts to the school could therefore extend to the pupils and parents if not mitigated.

Amendment to the UNCRC Act

All public authorities are bound by the duties in the UNCRC Act, and therefore all individuals in using public services, have the potential to be impacted by the UNCRC Act amendment aspect of the Bill. Public Authorities delivering public services will be considered in a similar way to schools for the reason outlined above.

The UNCRC Act amendment aspect of the Bill is determined to positively impact those receiving services of a public nature, and those delivering services of a public nature by minimising complexity for public authorities in interpreting and applying their duties under the UNCRC Act, ensuring legal coherence, and ensuring that the delivery of essential services that support children can continue, where a potential incompatibility arises.

Existing evidence and planned engagement

Religious Observance and Religious and Moral Education in Schools

A review of existing evidence on the right to withdraw from RO/RME was conducted, and gaps were identified in relation to how the right to withdraw currently works in practice, as well as information on current levels of withdrawal. To address this and inform consideration of potential impacts of the proposed changes, a full public consultation was conducted, which specifically asked respondents about their knowledge and experience of current practice in relation to withdrawals, in addition to seeking their views on the proposed changes. In order to ensure the views of relevant consumers were captured, as well as views from those involved in service delivery, respondents were also asked to identify if they were a pupil, parent of a school aged child and/or teacher. Additionally, the Scottish Government identified key stakeholders with knowledge, background, and subject-matter interest in this area for more targeted engagement.

The five stakeholders the Scottish Government have engaged with most closely, and will continue to engage with through implementation if the Bill passes, 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. Alongside this engagement, the Scottish Government also met with representatives from faith and belief organisations, and children and young people organisations to seek their views.

The Scottish Government gathered wider evidence to bring together the views of all members of the public in Scotland who would be captured under the definition of a consumer. A public 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.

Additionally, direct engagement took place with members of the Scottish Youth Parliament to ascertain the views of children as consumers on the proposed changes.

Amendment to the UNCRC Act

The planning approach is proportionate to the scale and technical nature of the amendment. The exemption does not introduce new duties or remove existing rights, but clarifies how the compatibility duty operates in limited circumstances. Consumer engagement has focused on ensuring transparency, reassurance, and clarity for children, families, and public authorities.

Given the potential impact on consumers, 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 Children and Young People’s Commissioner Scotland 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).

Together (Scottish Alliance for Children’s Rights) also worked with the children and young people consulted on the original UNCRC Bill to explore this provision and develop a child-friendly explainer, which will be shared with key children’s rights stakeholders. All stakeholders consulted understood the rationale for this amendment and did not raise any concerns.

It should be noted that the Scottish Government already supports public authorities to interpret and apply their duties under the UNCRC Act. This support will continue, ensuring that public authorities have the necessary guidance to apply the amendment effectively. Additionally, the amendment aims to minimise complexity for public authorities in interpreting and applying their duties under the UNCRC Act, to ensure legal coherence, and to ensure that the delivery of essential services that support children can continue, where a potential incompatibility arises. Therefore, it is considered that this may make it easier for public authorities to deliver services more effectively aligned to legal duties, which in turn has the potential to positively impact those accessing services. A clearer legal framework means public authorities can work more efficiently, potentially reducing the time and resources needed for legal analysis and decision-making.