Education (Scotland) Bill: equality impact assessment

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

Have positive or negative impacts been identified for any of the equality groups?

Is the policy directly or indirectly discriminatory under the Equality Act 2010?

Based on the evidence considered and the proposed content of the Bill providing for the establishment of a new qualifications body and an independent education Inspectorate, at this stage no negative impacts were identified for any of the equality groups. We recognise the services and policies the bodies will be delivering, as operationally autonomous organisations, may impact people with protected characteristics differently. The Bill does not address these, and how these impacts will be identified and addressed by the organisations will be for them to determine. The provisions in the Bill around engagement and involvement of stakeholders are an important aspect in supporting how the bodies address inequality or discrimination across age, by ensuring learners of all ages are involved in decision making.

No

Have positive or negative impacts been identified for any of the equality groups?

If the policy is indirectly discriminatory, how is it justified under the relevant legislation?

Based on the evidence considered and the proposed content of the Bill providing for the establishment of a new qualifications body and an independent education Inspectorate, at this stage no negative impacts were identified for any of the equality groups. We recognise the services and policies the bodies will be delivering, as operationally autonomous organisations, may impact people with protected characteristics differently. The Bill does not address these, and how these impacts will be identified and addressed by the organisations will be for them to determine. The provisions in the Bill around engagement and involvement of stakeholders are an important aspect in supporting how the bodies address inequality or discrimination across age, by ensuring learners of all ages are involved in decision making.

N/A

Have positive or negative impacts been identified for any of the equality groups?

If not justified, what mitigating action will be undertaken?

Based on the evidence considered and the proposed content of the Bill providing for the establishment of a new qualifications body and an independent education Inspectorate, at this stage no negative impacts were identified for any of the equality groups. We recognise the services and policies the bodies will be delivering, as operationally autonomous organisations, may impact people with protected characteristics differently. The Bill does not address these, and how these impacts will be identified and addressed by the organisations will be for them to determine. The provisions in the Bill around engagement and involvement of stakeholders are an important aspect in supporting how the bodies address inequality or discrimination across age, by ensuring learners of all ages are involved in decision making.

N/A

Describing how Equality Impact analysis has shaped the policy making process

As a result of this equality impact assessment no changes to the policy development relating to the legislative provisions required to establish the new qualifications body and the independent Inspectorate were considered necessary, as there is no evidence to suggest that there will be a negative impact on any individual with a protected characteristic. However, we will continue to work with our internal and external stakeholders to ensure that we collectively undertake full and ongoing consideration of equality.

It is acknowledged that there are some groups of children and young people who are more vulnerable than others or who face multiple sources of potential discrimination resulting from certain protected characteristics; disability, gender reassignment, race, religion or belief and/or sexual orientation. It is further acknowledged that there are limitations in the available data concerning all groups of children exhibiting one or more of these protected characteristics.

Monitoring and Review

We will continue to engage with stakeholders to share our thinking and test ideas and consider any equality aspects as they arise.

In respect of the independent Inspectorate, the Bill will include a specific requirement for HM Chief Inspector to report annually to the Scottish Parliament on the activities carried out during the period the report relates – we believe this will set out its approach and evidence why it has taken the course it has.

The Bill will provide the new qualifications body with a requirement to prepare an annual report to Scottish Ministers on all of its activities and a financial report relating to the proceeding financial year. Each of these reports will be submitted to the Scottish Parliament.

The proposed increased independence of the accreditation and regulation function from the awarding body function, will include an Accreditation Committee, that will publish its own corporate plan on an annual basis, an annual report and statement of financial accounts to Scottish Ministers.

The EQIA will be updated as the Bill progresses through the Scottish Parliament, and we will continue to consider arrangements for monitoring the impact of the Bill.