The Education (Scotland) Act 1980 (Modification) Regulations 2025 - Child Rights and Wellbeing Impact Assessment

Child Rights and Wellbeing Impact Assessment Template

1. Brief Summary

Type of proposal:

• Scottish Statutory Instrument

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

The purpose of the Education (Scotland) Act 1980 (Modification) Regulations 2025 (the 2025 Regulations) is to seek to maintain eligibility to the passported benefit of free school meals for families currently eligible to receive them through being in receipt of Universal Credit following the increase to the National Living Wage on 1 April 2025.

The UK Government confirmed on 30 October 2024 that there would be an increase to the National Living Wage. From 1 April 2025, the National Living Wage will increase from £11.44 to £12.21 per hour. To maintain existing eligibility for free school meals, the 2025 Regulations amend the maximum income level for those in receipt of Universal Credit from £796 per month to £850 per month, which is broadly equivalent to the amount a person would receive if they work 16 hours per week, with effect from 1 April 2025, in line with this increase.

In addition, as part of the managed migration of UK Government legacy benefits to Universal Credit, tax credits are ending on 5 April 2025. This means a parent’s entitlement to tax credits will no longer qualify a child or young person to free school meals from 6 April 2025. Retaining the reference to tax credits in the Education (Scotland) Act 1980 is redundant, therefore the 2025 Regulations will also remove working tax credit and child tax credit as qualifying benefits with effect from 6 April 2025, in line with the end of tax credits from 5 April 2025.

Start date of proposal’s development: 22 November 2024

Start date of CRWIA process: 3 February 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?

As the Education (Scotland) Act 1980 (Modification) Regulations 2025 do not amend the current policy position in relation to access to free school meals and we do not anticipate a change to the eligible population as a result of the amendments in the 2025 Regulations, we do not anticipate any material impact on children’s rights and/or wellbeing as a result of the 2025 Regulations. However, the 2025 Regulations could generally be deemed to have a positive impact with regards to following Articles of the UNCRC, as without such Regulations, fewer children and young people may be eligible for free school meals:

Article 3 (Best interests of a child)

The 2025 Regulations will ensure that a pupil who is eligible for free school meals, as a result of the pupil / their parent(s) being in receipt of Universal Credit, will continue to be eligible to receive them after the rate of the National Living Wage increases from its current rate of £11.44 per hour to £12.21 per hour on 1 April 2025. This amendment keeps the maximum income level in line with our existing policy insofar as families will remain eligible for free school meals if they work 16 hours per week on the National Living Wage whilst receiving Universal Credit. This policy will allow children and young people from those families to retain their entitlement to a nutritionally-balanced meal in the middle of the school day free of charge.

Article 6 (Life, survival and development)

Standards for food and drink served in schools in Scotland is covered by “The Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020”. The 2020 Regulations are based on scientific evidence and dietary advice which are designed to ensure children and young people are provided with an appropriate amount of energy and key nutrients to support their healthy growth and development.

By increasing the maximum eligible income level to free school meals, in line with the latest increase in the National Living Wage, this will allow children and young people to retain their eligibility to a nutritionally balanced meal in the middle of the school day free of charge.

Article 18 (Parental responsibilities and state assistance)

The 2025 Regulations will amend the eligibility criteria once the hourly rate of the National Living Wage increases from £11.44 to £12.21 per hour on 1 April 2025, increasing the maximum eligible income level from £796 to £850 of earned income per month where a pupil / parent(s) are in receipt of Universal Credit. The 2025 Regulations will enable eligible pupils / parents to continue receiving assistance in the form of free school meals.

Article 24 (Health and health services)

All food and drink served in public and grant aided schools must comply with the criteria set out in the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020. This will help ensure that children and young people are provided with nutritious food and drink that supports their healthy growth and development. In addition, allergies and other dietary restrictions are also accounted for within the 2020 Regulations.

By increasing the maximum eligible income level to free school meals, in line with the latest increase in the National Living Wage, the 2025 Regulations will allow children and young people to retain their eligibility to a nutritionally balanced meal in the middle of the school day free of charge.

Article 26 (Social Security)

Free school meals are a passported benefit, whereby children and young people will be eligible to receive them if the pupil / their parent(s) are in receipt of eligible qualifying benefits. The 2025 Regulations will amend the eligibility criteria for families in receipt of the qualifying benefit of Universal Credit with effect from 1 April 2025.

By increasing the maximum eligible income level to free school meals, in line with the latest increase in the National Living Wage, this will allow children and young people whose families are eligible to receive free school meals, as a result of receiving Universal Credit, to retain their eligibility to a nutritionally balanced meal in the middle of the school day free of charge.

Article 27 (Adequate standard of living)

Free school meals are made available for pupils who / whose parent(s) are in receipt on Universal Credit to help ensure they can benefit from a nutritionally balanced meal in the middle of the school day, contributing to an adequate standard of living.

By increasing the maximum eligible income level to free school meals, in line with the latest increase in the National Living Wage, this will allow children and young people to retain their eligibility to a nutritionally balanced meal in the middle of the school day free of charge.

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

Evidence from:

• reports

When preparing this Impact Assessment, and the associated Equality Impact Assessment, we considered data recorded in the 2024 Pupil Census Supplementary Statistics^[1] and the statistical report on Poverty and Inequality in Scotland 2021-2024^[2].

• consultation/feedback from stakeholders

Consultation on the 2025 Regulations has been limited as the amendments seek to maintain a policy position rather than to create a new one. The 2025 Regulations seek to rectify an unintended consequence arising from increases to National Living Wage which may otherwise have seen some families losing their entitlement to free school meals had the 2025 Regulations not been made.

• consultation/feedback directly from children and young people

Children and young people’s views were not established in relation to this very specific proposed change, as the current policy position remains the same. The 2025 Regulations seek to respond to an unintended consequence arising from increases to the National Living Wage which may otherwise have seen some families losing their entitlement to free school meals had the 2025 Regulations not been made.

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

We have not identified any gaps in evidence. The measures brought about by the 2025 Regulations are intended to prevent a potential loss of entitlement to free school meals for some families as a result of the rate of the National Living Wage being increased.

5. Analysis of Evidence

It is most likely that children and young people who have single parents; parents who are self-employed; on low incomes; or those out of work are most likely to be impacted by the 2025 Regulations. The 2025 Regulations relate to a very particular set of circumstances where children and young people are eligible for a free school meal due to a parent being in receipt of Universal Credit, and where their annual income is below a level prescribed.

However the associated Equality Impact Assessment notes, from data within the statistical report on Poverty and Inequality in Scotland 2020-2023, that some families with protected characteristics are more likely to experience relative poverty. This includes families with a disabled person in the household; lone mothers; people belonging to minority ethnic groups; and people whom identified with their religion as Muslim.

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

We have not made any changes to this policy position. The 2025 Regulations are predominantly an anti-poverty measure to ensure eligible families retain their eligibility to receive free school meals. Regulations to amend the free school meals eligibility criteria has been in operation each year since 2019 in order to account for annual increases to the National Living Wage.