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

Aims and outcomes of the proposal and alternative options

Religious Observance and Religious and Moral Education in Schools

As noted above, the RO/RME changes aim to ensure consideration of pupils’ views, as well as putting beyond doubt the position in Scotland in relation to UNCRC obligations in this context. This will be achieved by amending the current legislation to require that pupils’ views are considered when parents are exercising their right to withdraw their child from RO and RME, and will provide clarity as well as aligning legislation with existing non-statutory guidance.

The proposed change will meet obligations under the 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. Therefore, while the suggestions above were taken into account, on balance, the proposed approach was considered the most appropriate to achieve the intended policy objectives and avoid harm to consumers.

Amendment to the UNCRC Act

In terms of the UNCRC Act amendment, the Scottish Government has considered alternative approaches, such as issuing guidance or using secondary legislation, but neither would achieve the necessary legal coherence. Guidance would lack legal force, and there are no relevant secondary legislation making powers here. To ensure clarity, consistency, and legal certainty, legislating through a Bill is the only appropriate course of action.