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

Stage 2: Data and evidence gathering, involvement and consultation

Protected Characteristic of Age - evidence gathered, data gaps identified and action taken

• In 2020, there were 90,527 children and young people from primary 4 to secondary 6 were registered for free school meals in Scotland. Of these, 59,598 took up their entitlement to free school meals^[1]. Age is not a relevant matter in relation to the criteria for the passported benefit which applies, or doesn't apply, in relation to circumstances which are not related to age.
• Some information is available in relation to children and young people, but as age is not a direct criteria for the passported benefit of free school meals, no further action was taken to establish further data.

Protected Characteristic of Disability - evidence gathered, data gaps identified and action taken

• In 2017-20, 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%)^[2]. 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.
• It is recognised that a disability may affect a parent or carers ability to work, but this would not necessarily prevent access to entitlement to free school meals - due to other eligibility criteria. Disability is not a directly relevant criteria for access to this passported benefit therefore no further action taken to establish further data.

Protected Characteristic of Sex - evidence gathered, data gaps identified and action taken

• In 2017-20, the relative poverty rate after housing costs was higher for single women with dependent children (38%) than for other single working-age adults^[3].
• This confirms our understanding that female single parents are likely to be the biggest beneficiaries from this policy change and protection. No further information needed on this element.

Protected Characteristic of Pregnancy and Maternity - evidence gathered, data gaps identified and action taken

• There was limited information available in relation to pregnancy and maternity.
• Pregnancy and maternity would not necessarily prevent access to the benefit - due to other eligibility criteria. Pregnancy and maternity is not a directly relevant criteria for access to this passported benefit therefore no further action taken to establish further data.

Protected Characteristic of Gender Reassignment - evidence gathered, data gaps identified and action taken

• There was limited information available in relation to gender reassignment.
• Gender reassignment would not necessarily prevent access to the benefit - due to other eligibility criteria. Gender reassignment is not a directly relevant criteria for access to this passported benefit therefore no further action taken to establish further data.

Protected Characteristic of Sexual Orientation - evidence gathered, data gaps identified and action taken

• There was limited information available in relation to sexual orientation.
• Sexual orientation would not necessarily prevent access to the benefit - due to other eligibility criteria. Sexual orientation is not a directly relevant criteria for access to this passported benefit therefore no further action taken to establish further data.

Protected Characteristic of Ethnicity - evidence gathered, data gaps identified and action taken

• In 2015-20, people from minority ethnic (non-white) groups are more likely to be in relative poverty after housing costs compared to those from the White - British or White - Other groups. The poverty rate was 43% for 'Mixed, Black or Black British and Other' ethnic groups, and 41% for the 'Asian or Asian British' ethnic group. However the poverty rate amongst the 'White - Other' group (24%) was higher than that of the 'White - British' group (18%)^[4].
• This information confirms the potential impact of poverty in relation to ethnicity - this may in turn lead to increased registration and uptake of free school meals. Further evidence is not required to confirm this point.

Protected Characteristic of Religion or Belief - evidence gathered, data gaps identified and action taken

• In 2015-20, 52% of people who identified their religion as Muslim were living in poverty after housing costs. Those who identify their religion as Church of Scotland had a lower poverty rate after housing costs (15%) than found for all individuals. The poverty rate, after housing costs, for those identifying their religion as Roman Catholic; other Christian denominations and no religion were all 19%; whilst the poverty rate after housing costs for those identifying with other religions was 21%^[5].
• This information confirms the potential impact of poverty in relation to particular religious groups - this may in turn lead to increased registration and uptake of free school meals. Further evidence is not required to confirm this point.

Protected Characteristic of Marriage or Civil Partnership - evidence gathered, data gaps identified and action taken

• This policy had no impact on this protected characteristic.