Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill: equality impact assessment (EQIA)

Recommendations and Conclusion

Through strengthening children’s rights in relation to the process for withdrawal from RO and RME, by introducing a legal requirement to consider their views, the RO/RME changes will have a significant positive impact on children and young people.

Additionally, there are positive impacts in relation to religion and belief for children and young people, as by providing an opportunity for pupils to object to being withdrawn from RO and RME, additional protections are being introduced to ensure they are offered opportunities for spiritual development, learning about different religions and beliefs, and exploring their own religion and beliefs.

There are also potential indirect positive impacts in relation to other protected characteristics arising from pupils being able to decide to remain in RO/RME and that resulting in better relationships between pupils due to RO/RME promoting learning about and reflecting on values such as tolerance and equality.

Regarding the UNCRC Act amendment, the aim of the amendment is to minimise the risk of disruption to essential services on which these various groups rely. This is especially the case for services to children. Therefore, there is a potentially positive impact identified.

Following the evidence analysis and assessment of equality considerations on both the UNCRC Act amendment, and withdrawal from RO/RME provisions in the Bill, no negative impacts were identified and therefore no changes at this stage have been made as a result of the assessment to address potentially negative outcomes.

Neither part of the Bill is directly or indirectly discriminatory under the Equality Act 2010.

Religious Observance and Religious and Moral Education in Schools

The development of the policy was undertaken having recognised the anecdotal and limited available research evidence and previous understanding of the impact the changes will have on children and young people and their parents.

This helped inform our approach to consultation and engagement, including launching a full public consultation to improve our understanding of how the process of withdrawal from RO and RME currently works in practice, as well as seeking views on the proposed changes. As noted above it was also recognised that more targeted engagement was required, in particular with children and young people, and with representatives from faith and belief organisations.

No changes were made to the policy as a direct result of this impact assessment, however, it has highlighted some factors which will require further consideration as part of the development of the accompanying statutory guidance. These include consideration of the needs of pupils of all ages, as well as pupils with ASN and/or communication difficulties, and how guidance might help support the delivery of inclusive RO.

Amendment to the UNCRC Act

In terms of the UNCRC Act amendment, the Equality Impact analysis highlighted the need for additional resource to support communication with children and young people, to help them understand the technical nature of the changes. In response, we used this analysis - alongside findings from other impact assessments - to inform the development of more accessible information. We are working with Together (Scottish Alliance for Children’s Rights) to develop child-friendly materials, and will continue to work with them to ensure it is shared appropriately, drawing on their local knowledge and expertise. This material will be shared with key stakeholders once finalised.

Monitoring and Review

Religious Observance and Religious and Moral Education in Schools

In relation to the RO and RME changes we will continue to review the impact of the changes in the policy through regular engagement with education authorities and schools. As noted above we will also further engage with relevant stakeholders on the development of accompanying statutory guidance and the implementation of the changes.

Amendment to the UNCRC Act

In relation to the UNCRC Act amendment, the Scottish Government will ask relevant public authorities, at least annually, where they may require to rely on the exemption in this Bill. This will help us to monitor the impact that this is having on the delivery of public services. This will include consideration of any potential positive or negative impacts on protected characteristics.

EQIA authorised by: Lewis Hedge, Deputy Director, Curriculum and Qualifications

Date completed: October 2025