Education (Scotland) Act 1980 (Modification) Regulations 2021: 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?

There have been no negative impacts identified as a result of this policy approach. There may be some benefit to those who identify as from minority ethnic (non-white) groups, as they are more likely to be in relative poverty after housing costs compared to those from the 'White - British' group.

Further, some religious groups who are more likely to experience poverty may also benefit, should they be in the particular circumstances of being eligible for free school meals through being in receipt of both Child Tax Credit and Working Tax Credit, or Universal Credit, and their annual income being at a level below that prescribed in legislation.

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

No.

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

N/A

If not justified, what mitigating action will be undertaken?

N/A

Describing how Equality Impact analysis has shaped the policy making process

This is considered a predominantly anti-poverty related action, which is intended to ensure continued access to the passported benefit of free school meals. That said the EQIA process has confirmed that single parents are likely to benefit, lone mothers are likely to benefit particularly, as a result of their increased risk of poverty in comparison to others. The EQIA process also confirmed that those identify as from minority ethnic (non-white) groups, and some religious groups are more likely to experience poverty, and as a result are may be more likely to benefit from this policy change, should they also they be in the particular circumstances of being eligible for free school meals for people in receipt of both Child Tax Credit and Working Tax Credit, or Universal Credit, and their annual income being at a level below that prescribed in legislation.

Monitoring and Review

The implementation of free school meals policy will continue to be monitored through annual statistical analysis of returns. This particular element of the policy will continue to be reviewed again every year, in line with future increases in the National Living Wage for as long as it remains necessary to do so.