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

Assessment and improvement of proposal

Based on the evidence above and the considerations on which consumers have the potential to be impacted by the two areas within the Bill, we believe that the overall impact of the Bill on consumers is positive and upholds the principles of access, fairness and choice when receiving public services. Any potential harms would be minimal and as explained above, will be mitigated through engagement and planning when developing guidance to accompany the new legal duties when the act commences.

As stated above, feedback from the public consultation and stakeholder engagement has indicated that there is a desire for clear guidance for schools, parents and pupils on the implementation of the updated RO/RME withdrawal process. Therefore we will ensure that key stakeholders are engaged in the development of the guidance, particularly in relation to handling cases of disagreement between parent and child regarding withdrawal which may cause stress for both parties

However, given at present there is no legal requirement for the child’s voice to be heard on these matters, we anticipate that the stress a child as a consumer may feel at present would be the same or higher in cases of withdrawal where their views are not being considered at all. There may be increased stress in the process for parents in cases of disagreement, however we will aim to mitigate this as far as possible. We will also work to raise awareness of the changes to ensure that schools, parents and children are aware of the changes prior to implementation to support a smooth transition.

We do not consider any improvements need to be made to the UNCRC Act amendment given its targeted and technical nature, and its aims to minimise complexity, ensure legal coherence, and ensure the delivery of essential services that support children. From the evidence provided we anticipate only positive impacts on those delivering services and consumers receiving these services.

Therefore, we do not see a need to make changes to the initial proposal due to the overall positive impacts that are anticipated for those relevant consumers.

Further engagement

As stated previously, further engagement with key stakeholders will be needed to inform the development of the guidance on the updated process from withdrawal from RO/RME. This will help ensure the guidance is fit for purpose, reduces the risk of stress for participants and ensures that the pupil’s voice is considered in the process.

On the UNCRC Act amendment, Together (Scottish Alliance for Children’s Rights) have 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. Additionally, Scottish Government policy colleagues will add some further information to the existing non-statutory guidance on the UNCRC Act to raise awareness of this amendment and what it means in practice.