The Education (Scotland) Act 1980 (Modification) Regulations 2025: equality impact assessment

Key Findings

The provision of free school meals to pupils, through targeted provision, is predominantly a policy focussed upon tackling poverty. The purpose of the policy within these Regulations is to rectify an unintended consequence, which may have led to a reduction in free school meal entitlement among children and young people. Therefore, they are an essential action in supporting and protecting families. The following protected characteristics have been considered when preparing this Equality Impact Assessment and we do not expect any negative impact from this policy action:

Age

In 2024, the Pupil Census Supplementary Statistics noted that there were 81,263 children and young people in Primary 6 to Secondary 6 who were registered to receive free school meals in Scotland: Pupil census supplementary statistics - gov.scot.

Whilst the Scottish Government and local authorities have an agreement in place to offer universal free school lunches to children in primaries 1 to 5, at local authority run and grant-aided schools, age is not a direct qualifying criteria in itself for the passported benefit of free school meals.

Disability

The Poverty and Inequality Statistics Report, covering the period 2021-24, noted there was a higher proportion of households in relative poverty after housing costs, with a disabled person in the household (23%) in comparison to households with no disabled persons (17%): Poverty and Income Inequality in Scotland 2021-24.

Furthermore, when disability related benefits are not included in the household income the relative poverty rate after housing costs becomes 26% for households with a disabled person, compared to 16% for households with no disabled persons.

Disabilities may impact on the ability of a parent/carer to work, but this would not limit the opportunity of the child or young person to benefit from free school meal entitlement, nor would it be relevant in relation to this specific element of entitlement criteria.

Sex

The Poverty and Inequality Statistics Report, covering the period 2021-24, noted the relative poverty rate after housing costs was highest amongst single men with no children - with a relative poverty rate of 33%: Poverty and Income Inequality in Scotland 2021-24.

The relative poverty rate amongst single mothers was lower at 30% (although this is a 1% increase from the figure of 29% recorded in 2020-23). The relative poverty rate for single women with no children was 28%.

The relative poverty rates amongst married and co-habiting adults was lower at 14% and 15% respectively.

Poverty rates over the period 2021-24, after housing costs, were 29% among all single adults and 28% among divorced or separated adults and 21% among those who are widowed.

Sexual Orientation

The Poverty and Inequality Statistics Report, covering the period 2021-24, noted the relative poverty rate was notably higher amongst LGB+ adults (28%) than among straight/heterosexual adults (19%), or those whose sexual orientation was unknown (18%) (although the latter category also includes those who chose not to answer the question): Poverty and Income Inequality in Scotland 2021-24.

Therefore the statistics report on poverty and inequality in Scotland notes the measurement of uncertainty is quite wide for this group.

Race

The Poverty and Inequality Statistics Report, covering the period 2021-24, noted people from minority ethnic (non-white) groups were more likely to be in relative poverty after housing costs compared to those from the White - British or White - Other groups: Poverty and Income Inequality in Scotland 2021-24.

The relative poverty rate was 50% amongst ‘Mixed, Black or Black British and Other’ ethnic groups, and 43% amongst the ‘Asian or Asian British’ ethnic group. However the poverty rate amongst the ‘White - Other’ group (20%) was also marginally higher than that of the ‘White - British’ group (18%).

It is also worth noting the median age for the highest income earner was 55 among the ‘White - British’ group, compared to 37 among ‘Asian or Asian - British’; 38 for ‘White - Other’; and 37 for ‘Mixed, Black, Black British or Other’ ethnic groups.

The poverty rate among older adults is lower, which may partly explain the lower poverty rate among the ‘White - British’ group. However, this age difference cannot explain the entire gap in poverty rates between ethnic groups.

Religion and belief

The Poverty and Inequality Statistics Report, covering the period 2021-24, noted, 53% of people who identified their religion as Muslim were living in relative poverty after housing costs: Poverty and Income Inequality in Scotland 2021-24.

Those who identify their religion as Church of Scotland had a lower relative poverty rate after housing costs (15%) than found for all individuals.

The relative poverty rate, after housing costs, for those identifying their religion as Roman Catholic was 17% and those identifying with no religion was 18%.

The relative poverty rate, after housing costs, for those identifying with other Christian denominations was 20% and the figure for those identifying with other religions was 35%, an increase of 4 percentage points from the period covering 2018-23.

Differences in the age profiles between the various religions should be noted. The median average age for those identifying as Muslim was 33, in comparison to 64 for those affiliated to the Church of Scotland. The average median age for those identifying with no religion was 43.

Whilst the poverty rate among older adults is lower, which may partly explain the lower poverty rate among those affiliated to the Church of Scotland, the age difference cannot explain the entire gap in poverty rates between different religious groups.

Pregnancy and maternity, gender reassignment and marriage and civil partnership

There was limited information available in relation to the protected characteristics of pregnancy and maternity, gender reassignment and marriage and civil partnership. Since none of those protected characteristics are direct qualifying criteria for access to the passported benefit of free school meals, no further action has been taken to establish further data.

Recommendations and Conclusion

The Education (Scotland) Act 1980 (Modification) Regulations 2025 have increased the maximum income level at which families will be eligible to receive free school meals, during the 2025-26 financial year, if they were previously eligible for them through being in receipt of Universal Credit.

The EQIA did not identify any negative impacts under any of the protected characteristics.

The measures brought about by these Regulations will therefore 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.

Uptake of free school meals is monitored through the annual Schools Healthy Living Survey Statistics report 2024 (School healthy living survey: school meal uptake statistics 2024 - gov.scot), published annually in September, whilst registrations are monitored through the Pupil Census Supplementary Statistics (Pupil census supplementary statistics - gov.scot) which is published annually in March.

The Regulations will next be reviewed when the next increase in the National Living Wage is announced.