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

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on 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 Articles 3, 6, 18, 24, 26 and 27 as without such Regulations, fewer children and young people may be eligible for free school meals.

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The 2025 Regulations could generally be deemed to have a positive impact on children’s rights and/or wellbeing as without such Regulations, fewer children and young people may be eligible for free school meals.

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

No negative impact has been identified.

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Not applicable.

Issue or risk identified and relevant UNCRC requirement

Not applicable.

Action Taken/ To Be Taken

Not applicable.

Date action to be taken or was taken

Not applicable.

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?.

Safe: Not Applicable

Healthy: Yes

Achieving: Not Applicable

Nurtured: Yes

Active: Not Applicable

Respected: Not Applicable

Responsible: Not Applicable

Included: Yes

If yes, please provide an explanation below:

The 2025 Regulations will allow children and young people from eligible families to retain their eligibility to a nutritionally balanced meal in the middle of the school day free of charge following on from the increase to the National Living Wage on 1 April 2025, if they are currently in receipt of them as a result of their parent(s) being in receipt of Universal Credit.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

Under the provisions of section 53A of the Education (Scotland) Act 1980, education authorities have a statutory duty to promote the availability of school lunches in public schools and other educational establishments under the authority's management. In addition this legislation requires education authorities to take reasonable steps to ensure that every pupil who is entitled to receive school lunches free of charge, receives them.

The Scottish Government will publicise the new eligibility criteria for free school meals immediately once the 2025 Regulations have been passed, and we will also notify education authorities directly at this time to enable them to immediately implement the new eligibility criteria within all schools under their management.