Education (Scotland) Act 1980 (Modification) Regulations 2021: equality impact assessment

Stage 1: Framing

Results of framing exercise

This policy measure is predominantly an education attendance measure rather than a measure which applies to particular protected characteristics. It is most likely that this group relates to single parents or those who are self-employed or on low incomes or out of work. This particular policy action relates to a very particular set of circumstances where a parent or carer is eligible for free school meals as a consequence of being in receipt of both Child Tax Credit and Working Tax Credit, or Universal Credit, and where their annual income is below a level prescribed in legislation (Annex A sets out the criteria in full).

Whilst free school meals are provided to children and young people, the qualifying criteria and income threshold apply to their parents in this case. Information on the protected characteristics of pupils parents is not collected and therefore this EQIA is based upon the probability of potential positive or negative affect. Young people themselves are unlikely to be attending school, and employed to such a degree that they would meet the income criteria themselves.

In Scotland pupils within some age groups are universally entitled to free school meals as a result of SG funding arrangements and therefore are unaffected by this proposed policy approach. This policy therefore applies only to pupils outwith those age groups for whom universal provision is made. In 2020, there were 90,527 pupils in Primary 4 to Secondary 6 registered for free school meals, of which 59,598 were taking them. At that time pupils in Primary 1 to Primary 3 were universally entitled to free school meals.

There are a number of criteria which enable the passported benefit of free school meals, this policy change relates to two of those criteria and therefore would only potentially affect a proportion of those children and young people above. As a result it is concluded that there is likely to be a minimal effect as a result of this proposal.

Extent/Level of EQIA required

It is considered that as the policy is focussed as an anti-poverty measure rather than a measure to promote equality, an EQIA is required, but that impact of the policy (both negative or positive) is minimal.