Education (Scotland) Bill: equality impact assessment
Equality impact assessment (EQIA) for the Education (Reform) Bill.
Stage 2: Data and evidence gathering, involvement and consultation
Characteristic[3]
Age
Evidence gathered and Strength/quality of evidence
In 2023 there were a total of 705,528 pupils in Scottish schools (a decrease of 346 from 2022), of which 384,725 were primary pupils (decrease of 4,195 from 2022), 313,061 were secondary pupils (increase of 3,928 from 2022) and 7,742 represented those in special schools for children with complex or specific needs (decrease of 79 from 2022).
Attainment (A-C and A) by qualification, 2023:
- National 5: A-C 78.9%; A 38.8%
- Higher: A-C 77.4%; A 33.3%
- Advanced Higher: A-C 80.2%, A 33.4
Early Learning and Childcare
There were 92,182 child registrations for funded Early Learning & Childcare (ELC) placements in September 2023, a decrease of 0.5% since September 2022 when there were 92,615 registrations. The estimated uptake rate for eligible three- and four-year-olds has decreased to 97% in 2023, from 99% in 2022.
There were 225,479 16-19 years olds participating in the 2023 Annual Participation Measure in Scotland. 94.3 % of 16-19 years old were participating in education, employment or training. 71.3 % of those were in secondary or tertiary education, a decrease of 1.8 pp compared to 2022. 94.9% of 16-year-olds were in education compared to 95.6% in 2022, with the majority (89.9%) in a school pupil status. 77.8% of 17 year olds were in education compared to 80.7% in 2022, with the majority (61.6%) in a school pupil status. 49.7% of 18-year-olds were reported in Higher or Further Education, with the next highest proportion in employment (30.3%). 50.8% of 19-year-olds were reported in Higher or Further Education.
The average (mean) age of school teachers was 41 in 2023.
Adults in the 25-34 age group are most likely to be educated to at least degree level (34%). Those in this age group are also the least likely to have no qualifications (8%). Those in the most senior working age category (55–59-year-old women and 60–64-year-old men) are the most likely to have no qualifications (33%). Apart from the 16-24 age group, this group was also the least likely to be educated to degree level or above (19%).
Scotland’s colleges enrol publicly funded students and students who self-fund or are funded via other sources (such as the European Social Fund or Skills Development Scotland), and overall have delivered 124,654 Full-time Equivalent (FTE) places in 2022-23.
Enrolments in college courses by age on both full time and part time range between age 5 years and 85+ years. Of around 330,000 enrolments in both full and part time study, around 100,000 of these were from the 16-20 age group. Age 21-25 was the next largest cohort with around 36,000 enrolments. Around 57,000 under 16s were enrolled in college courses, the majority of these on a part time basis. Over 25s accounted for around 137,000 enrolments, with the majority of these being on a par time basis.
In 2022/23 Colleges delivered 1,692,044 credits. Of these, 5.4% were delivered to learners under the age of 16; 46.9% to those aged 16-19; 19.1% to those aged 20-24; and 28.6% to those aged 25 and over.
In 2023/2024, 29% of certified Non-National Qualifications were from learners from 16-17 years old. These qualifications include Advanced Certificates and Diplomas; Awards, Higher National, National Certificates, National Progression Awards and Vocational Qualifications. The range of age most popular in Vocational qualifications is 35-45.
There were 20,445 Modern Apprenticeship leavers between April and December 2023 (39.56% aged 16-19; 19.98% aged 20-24; and 40.46 aged 25+). There was an 77.5% achievement rate for these leavers – aged 16-19 achievement rate 73.9; aged 20-24 achievement rate 78.9; and aged 25+ achievement rate 80.4%)
The proportion of those with low or no qualifications is higher in the younger (16-24) and older (50-64) age groups than the other age groups.
In 2022, an estimated:
- 59,700 16–24-year-olds (26.3 per cent of all people in employment aged 16 to 24)
- 150,000 25–34-year-olds (25.0 per cent)
- 214,900 35–49-year-olds (26.1 per cent)
- 193,300 50–64-year-olds (25.0 per cent)
participated in job-related training.
Source
Equalities Monitoring Report - SQA
Modern Apprenticeship Statistics, up to the end of Q3 2023/24 (skillsdevelopmentscotland.co.uk)
SQA 2024, Unpublished Data
Measuring progress - Education | National Performance Framework
Job-Related Training in Scotland: January to December 2022 - gov.scot (www.gov.scot)
Data gaps identified and action taken
There is limited public data available on qualifications other than National Qualifications provided by SQA based on age.
Characteristic[3]
Disability
Evidence gathered and Strength/quality of evidence
There were 259,036 pupils (37% of all pupils) with an additional support need (ASN) recorded in 2023. This was an increase of 2.8 percentage points on 2022 (241,639 pupils with an ASN record, 34.2% of all pupils).
Proportion of entries by additional support needs (ASN) and declared/assessed disabled by qualifications, 2023:
- National 5: 32.1% of entries with ASN; 1.9% declared or assessed disabled
- Higher: 27% of entries with ASN; 1.7% declared or assessed disabled
- Advanced Higher: 24.2% with ASN; 1.5% declared or assessed disabled.
Attainment rate (A-C) for candidates with additional support needs, 2023:
- National 5: 72%
- Higher: 71%
- Advanced Higher: 75.7%
Attainment rate (A-C) for candidates with declared or assessed disability, 2023:
- National 5: 73.4%
- Higher: 71.6%
- Advanced Higher: 77.4%
95% of children with additional support needs were educated in mainstream classes in 2023.
Statistics on additional support needs include pupils in special schools and those in mainstream schools who are assessed or declared disabled, or have a Co-ordinated Support Plan (CSP), Individualised Education Programme (IEP), Child Plan or another type of support. Pupils may have more than one type of ASN, therefore the totals for ASN do not equal the sum of individual types of ASN. While children and young people with a disability may require additional support to benefit from their education, the recording of an additional support need does not in itself indicate a disability.
The participation rate (i.e. participating in education, training or employment) amongst those identified as disabled increased by 1.1 pp between 2022 and 2023 from 88.7% to 89.9%. This was mainly driven by increased participation in employment which reached its highest level since the APM was introduced in 2016 (14.6%). However, this was still lower compared to those not identified as disabled (21.8%).
In 2023, a total of 16,980 children registered for funded ELC (18% of child registrations) had an additional support need (ASN) recorded, the same proportion as in 2022. 1,620 (2%) of children registered were assessed or declared disabled, the same proportion as in 2022 when 1,410 children registered were assessed or declared disabled.
39% of adults who are disabled or who are unable to work are most likely to have no participated in learning since leaving full-time education.
The proportion of disabled people aged 16-64 with low or no qualifications (17.4 per cent) is higher than those who are not disabled (6.4 per cent).
The proportion of people in employment who participated in job-related training was higher for disabled people (28.0 per cent) than non-disabled people (25.0 per cent).
Source
Equalities Monitoring Report - SQA
Adult Participation in Learning Survey 2021 - Learning and Work Institute
Measuring progress - Education | National Performance Framework
Job-Related Training in Scotland: January to December 2022 - gov.scot (www.gov.scot)
Data gaps identified and action taken
There is no data available on the proportion of teachers identifying as disabled within the education workforce.
There is no centralised/national data on Scottish Vocational Qualifications that includes information on disability.
Characteristic[3]
Sex
Evidence gathered and Strength/quality of evidence
In 2023 there was a total of 705,528 pupils in Scottish schools of which 345,698 were girls and 359,830 were boys.
Attainment by qualification and sex, 2023.
- National 5: Female candidates had higher A to C and A attainment rates (80.6%) than male candidates (76.9%)
- Higher: Female candidates had higher A to C and A attainment rates (79.5%) than male candidates (74.3%)
- Advanced Higher: Female candidates had higher A to C and A attainment rates (82.2%) than male candidates (76.8%)
Females (95%) were more likely than males (93.7%) to be participating in education, training, or employment.
The gap between male and female enrolments reduced in 2022-23, with the male to female ratio now standing at 49.2%/50.8%. Females outnumber males in both FE and HE college courses, with the gap being widest in HE courses (48.2%/51.8%).
61% of Modern Apprenticeship starts were men in 2021/22
The proportion of men with low or no qualifications (9.7 per cent) is higher than that for women (8.5 per cent).
52.3% of male learners had a certified Non-National qualification in 2023/2024. Females are more predominant than males in Awards (52%), Higher National (56%) and Scottish Vocational Qualifications (50.5%). The bigger gender gap is in National-Workplace qualifications, where 67% of certifications were of male learners.
The current SQA Board is compliant with the Gender Representation on Public Boards (Scotland) - Act 2018. 6 out of the 9 SQA Board members are female and the ability to retain this level of compliance for the Board of Qualifications Scotland will remain.
As of 2023 there were 54,033 teachers in Scotland, including the early learning and childcare sector. In the school sector, 77% of teachers were female. This figure for females rises to 89% in primary schools and drops to 65% in secondary schools. 78% of teachers in special schools were female.
The latest census data for ELC from 2020 shows that just 7% of teachers were male.
Women make up 75% of the Community Learning and Development workforce.
In 2022, an estimated 333,900 women and 283,900 men reported participating in job-related training.
Source
Equalities Monitoring Report - SQA
Measuring progress - Education | National Performance Framework
SQA 2024, Unpublished Data
Scottish Government - Gender Representation
Summary statistics for schools in Scotland 2023 - gov.scot (www.gov.scot)
Early learning and childcare statistics: equalities data for 2014-2020 - gov.scot (www.gov.scot)
Working with Scotland's Communities 2018 (cldstandardscouncil.org.uk)
Job-Related Training in Scotland: January to December 2022 - gov.scot (www.gov.scot)
Data gaps identified and action taken
There is no centralised/national data on Scottish Vocational Qualifications, and other types of qualifications, that includes information on sex.
Characteristic[3]
Pregnancy And Maternity
Evidence gathered and Strength/quality of evidence
The teenage pregnancy rate in Scotland is at its lowest level since reporting began as rates fell for a fourteenth consecutive year to 23.2 per 1,000 women in 2021 (equivalent to 3,221 teenage pregnancies).
77% of school teachers and 93% of ELC teachers in Scotland are female.
Source
Summary statistics for schools in Scotland 2023 - gov.scot (www.gov.scot)
Early learning and childcare statistics: equalities data for 2014-2020 - gov.scot (www.gov.scot)
Data gaps identified and action taken
No data on pregnancy and maternity for all types of teachers.
There is no data on pregnancy or maternity for individuals taking qualifications.
Characteristic[3]
Gender Reassignment
Evidence gathered and Strength/quality of evidence
The gender reassignment profile of learners is currently unknown. However, according to a 2018 report (more recent figures unavailable), around 200 young people per year are referred to a Gender Identity Clinic.
Source
Supporting transgender young people in schools: guidance for Scottish schools
Scottish Public Health Network (ScotPHN) Health Care Needs Assessment of Gender Identity Services
Data gaps identified and action taken
No data available for teaching workforce, or for individuals taking different qualifications.
Characteristic[3]
Sexual Orientation
Evidence gathered and Strength/quality of evidence
The Scottish Government does not have information available on sexual orientation of pupils or teachers. No information is collected on the sexual orientation of pupils or teachers.
Data gaps identified and action taken
No data available on the sexual orientation of the teaching workforce, or on those taking different qualifications.
Characteristic[3]
Race
Evidence gathered and Strength/quality of evidence
In 2023, 79.6% of pupils were recorded as being White-Scottish or White-other British. The next largest proportions of ethnic backgrounds were White-Other (3.7%), White-Polish (2.4%), Asian Pakistani (2.2%) and mixed (1.8%).
Attainment (A-C) by ethnicity and qualification, 2023
- National 5:
- White – Scottish 77.3%
- White – non-Scottish 79.5%
- Mixed or multiple ethnic groups 81.4%
- Asian – Indian 86.5%
- Asian – Pakistani 78.8%
- Asian – Chinese 90.3%
- Asian – Other 81%
- African/ Black/ Caribbean 73.9%
- All other categories 76%
- Not Disclosed/Not known 75.6%
- Higher:
- White – Scottish 75.5%
- White – non-Scottish 78%
- Mixed or multiple ethnic groups 80.7%
- Asian – Indian 82.5%
- Asian – Pakistani 73.9%
- Asian – Chinese 86.1%
- Asian – Other 78%
- African/ Black/ Caribbean 71.8%
- All other categories 72.9%
- Not Disclosed/Not known 76.1%
- Advanced Higher:
- White - Scottish 76.6%
- White - non-Scottish 80.3%
- Mixed or multiple ethnic groups 82.7%
- Asian - Indian 79.8%
- Asian - Pakistani 74.9%
- Asian - Chinese 83.3%
- Asian - Other 75.9%
- African/ Black/ Caribbean 76.6%
- All other categories 77.3%
- Not Disclosed/Not known 77.2%
In 2023, 89% of teachers were recorded as being White-Scottish or White-other British. White-Other made up 3% and minority ethnic 2%.
The Annual Participation Measure reports on the education and employment activity of those aged 16-19. It covers the percentage of this cohort participating in education, training or employment. The 2023 report highlights those from minority ethnic groups were more likely to be in education (88.2%) than those identified as white (70.1%). The overall participation rate for minority ethnic groups (96.8%) was 2.6% higher than those who identified as white (94.2%).
The proportion with low or no qualifications is higher amongst Minority ethnic groups aged 16-64 (11.7 per cent) than white groups aged 16-64 (8.9 per cent)
Adults from Black, Asian and Minority Ethnic
(BAME) backgrounds are significantly more likely to be current or recent learners
when compared to respondents from white backgrounds (65% compared to 41%)
The proportion of people in employment who participated in job-related training was higher for white groups (26.0 per cent) than for minority ethnic groups (17.9 per cent).
Source
Equalities Monitoring Report - SQA
Summary statistics for schools in Scotland 2023 - gov.scot (www.gov.scot)
Measuring progress - Education | National Performance Framework
Adult Participation in Learning Survey 2021 - Learning and Work Institute
Job-Related Training in Scotland: January to December 2022 - gov.scot (www.gov.scot)
Data gaps identified and action taken
No data available for individuals taking different types of qualifications, such as SVQs.
Characteristic[3]
Religion Or Belief
Evidence gathered and Strength/quality of evidence
The religion or belief profile of learners is unknown. In 2023, 17.7% of pupils in publicly funded schools are based at Roman Catholic schools.
As of April 2022, for publicly funded schools in Scotland, there are 360 Roman Catholic schools (14.63% of total schools), 7 Inter-denominational schools (0.28% of total), 3 Episcopalian schools (0.12% of total) and 1 Jewish (0.04% of total).
Source
Characteristic[3]
Marriage And Civil Partnership
(the Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details)
Evidence gathered and Strength/quality of evidence
N/A
Source
N/A
Data gaps identified and action taken
No data available for the individuals in education or taking qualifications, or for the teaching workforce.
Characteristic[3]
SQA data figures, number of pupils taking exams, types of exams, vocational qualifications etc
Evidence gathered and Strength/quality of evidence
- National 5 - Entries were 321,385 in 2023, an increase of 3.6% from 310,265 in 2022.
- A Attainment was 38.8% (41.2% in 2022; 46.7% in 2021; 42.4% in 2020; 35.2% in 2019).
- Higher - Entries were 191,820 in 2023, an increase of 1.9% from 188,280 in 2022.
- A Attainment was 33.3% (36.5% in 2022; 47.7% in 2021; 40.1% in 2020; 28.5% in 2019).
- Advanced Higher • Entries were 27,745 in 2023, a decrease of 1.7% from 28,220 in 2022.
- A Attainment was 33.4% (35.0% in 2022; 51.0% in 2021; 46.3% in 2020; 32.0% in 2019.
- Scottish Baccalaureate
- National 2 to National 4
- National 3 entries were 22,420, with an attainment rate of 86.1% (86.5% in 2022; 88.6% in 2021; 92.9% in 2020; 89.0% in 2019).
- National 4 entries were 135,870, with an attainment rate of 90.1% (88.2% in 2022; 89.2% in 2021; 92.4% in 2020; 90.0% in 2019).
- Vocational & Technical Qualifications and Awards
- 26,480 National Progression Awards at SQCF Levels 3 to 6 were awarded.
- 4,095 National Certificates at SQCF Levels 4 to 6 were awarded.
- 33,900 SQA Awards at SQCF Levels 3 to 6 were awarded.
A to C attainment was 78.9% (81.6% in 2022; 85.8% in 2021; 89.0% in 2020; 78.3% in 2019).
A to C attainment was 77.4% (80.3% in 2022; 87.3% in 2021; 89.3% in 2020; 74.9% in 2019).
A to C attainment was 80.2% (82.6% in 2022; 90.2% in 2021; 93.1% in 2020; 79.6% in 2019).
Entries were 175, with a total attainment rate of 75.7% (74.2% in 2022; 92.7% in 2021; 87.9% in 2020; 72.1% in 2019).
National 2 entries were 2,995, with an attainment rate of 71.9% (74.9% in 2022; 70.5% in 2021; 77.6% in 2020; 79.7% in 2019).
Total Skills for Work entries across all SCQF levels were 16,300, with an attainment rate of 84.4% (81.6% in 2022; 83.4% in 2021; 87.4% in 2020; 85.0% in 2019).
Source
SQA Attainment Statistics - 2023
Data gaps identified and action taken
No national data available on equalities for vocational and technical qualifications and awards.
Characteristic[3]
ES Inspection data
Evidence gathered and Strength/quality of evidence
After a pause on inspections from March 2020 due to Covid-19, ELC and school inspections resumed in August 2022. In the 2022/23 academic year there were 169 planned school inspections and 85 early learning and childcare inspections took place (figures up to 31 March 2023).
National thematic inspections were undertaken in November and December 2021 which involved engaging with 125 schools and early learning and childcare settings. These focused on outdoor learning; approaches to supporting children’s and young people’s wellbeing; and local approaches to recovery.
Source
Education Scotland – Annual Report
Characteristic[3]
Deprivation
Evidence gathered and Strength/quality of evidence
The Scottish Index of Multiple Deprivation (SIMD) is a relative measure of deprivation across 6,976 small areas. If an area is identified as ‘deprived’, this can relate to people having a low income, but it can also mean fewer resources or opportunities. SIMD looks at the extent to which an area is deprived across seven domains: income, employment, education, health, access to services, crime and housing.
Attainment (A-C) by SIMD and qualifications, 2023
- National 5:
- 1 (most deprived: 0 – 20 %) 70.8%
- 2 (20 – 40%) 73.4%
- 3 (40 – 60%) 76.9%
- 4 (60 – 80%) 81.5%
- 5 (least deprived): 86.4%
- Higher:
- 1 (most deprived: 0 – 20 %) 68%
- 2 (20 – 40%) 71%
- 3 (40 – 60%) 75.2%
- 4 (60 – 80%) 79.1%
- 5 (least deprived): 84%
- Advanced Higher
- 1 (most deprived: 0 – 20 %) 72.7%
- 2 (20 – 40%) 72.5%
- 3 (40 – 60%) 77.8%
- 4 (60 – 80%) 80.3%
- 5 (least deprived): 84.2%
The proportion of people aged 16-64 with low or no qualifications is highest in the most deprived SIMD quintile at 18.3 per cent. The proportion of people with low or no qualifications decreases as the level of deprivation decreases.
Source
Scottish Index of Multiple Deprivation 2020
Equalities Monitoring Report - SQA
Scottish Government - Closing the poverty-related attainment gap:
Measuring progress - Education | National Performance Framework
Evidence from Professor Muir’s report
A number of responses to Professor Muir’s consultation addressed equality. For example, some of the respondents wanted more to be done to address issues faced by learners from certain social backgrounds or races. Learners from the most deprived backgrounds and certain racial groups faced lower attainment levels and higher exclusion rates in comparison with their peers. Along with other groups such as those with disabilities and children with experience of living in care, learners from these groups require more support for learning.
Some respondents also felt that changes to the method of assessments and exams would help achieve greater equality. There was stronger feeling among disabled learners for example that continuous assessment would be less stressful and more manageable than one end of year exam. Other groups, such as religious schools who may have a different ethos and more focus on non-academic matters, also felt that there should be more assessment of learners and their development as a whole, not just purely focusing on exams.
Evidence from Bill Consultation
Similarly, some responses to the Bill consultation highlighted equality considerations. On the new qualifications body, it was felt important that qualifications were accessible for neurodivergent pupils and students, and those with additional support needs. There was a call for systems to be developed which ensured those attending smaller and/or more rural establishments could access the same wide range of subjects and qualifications. Others suggested that it would be important to ensure that course material was culturally sensitive and did not disadvantage any learners, including consideration of learners from backgrounds with low socio-economic status or who are experiencing poverty and/or other forms of disadvantage, including minority groups.
With regard to representation within the qualifications body, it was widely felt that representation of both teachers and learners should represent a variety of: subject areas, geographic and SIMD locations, demographic backgrounds, pupil ages, stages and needs, Gaelic Medium Education (GME) representation, denominational and non-denominational settings and different career stages, (noting that this would also ensure significant representation across the protected characteristics). Learner involvement should similarly ensure that neurodiverse, disabled, care experienced, young carers, at risk and other vulnerable learners are included. Many also stressed the need to ensure that learners and others who would less typically seek such a role would be encouraged and supported to participate.
With regard to education inspection, it was suggested that checks and balances should be in place to ensure that the individual appointed as HM Chief Inspector of Education had sufficient competence and experience to tackle and promote equality and the protection of rights. It was also stressed that the postholder would need to understand the unique needs of Gaelic Medium Education. There were calls for the legislation to explicitly commit to protect and promote the rights of the child enshrined in the UNCRC.
Contact
Email: EducationReform@gov.scot
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