Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020: equalities impact assessment

An equalities impact assessment carried out for the Nutritional Requirements for food and drink in schools (Scotland) Regulations 2020 to ensure that impact on protected characteristics was considered as part of the development of the Regulations.


Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Characteristic[2]

Evidence gathered and Strength/quality of evidence

Source

Data gaps identified and action taken

Age

In 2019, there were 347,364 children and young people taking school meals at all publicly funded schools in Scotland. 188,274 of them were taking free school meals.

Uptake of school meals is higher among children and young people eligible for free school meals. Therefore the policy could be particularly beneficial to pupils in primaries 1 to 3 who are universally entitled to free school meals, if they choose to take them.

However this policy applies to primary, secondary and special schools and any child or young person who takes a school meal will benefit.

School Healthy Living Survey statistics 2019

No action is needed since legislation already requires that education authorities must promote the availability of school meals at educational establishments under their management, and that they encourage pupils in attendance to take them.

In the case of children and young people who are entitled to free school meals, education authorities must also take reasonable steps to ensure that any child or young person who is entitled to free school meals receives them.

This is covered by Section 7 of the Schools (Health Promotion and Nutrition) (Scotland) Act 2007.

Disability

Not applicable, this policy applies equally to all children and young people.

-

Education Scotland's Health and Nutrition Inspectors carry out regular inspections at schools to ensure they are complying with their statutory obligations in relation to the provision of food and drink to all children and young people in attendance.

Sex

Not applicable, this policy applies equally to all children and young people

Not applicable

Pregnancy and Maternity

Not applicable, this policy applies equally to all children and young people

-

Not applicable

Gender Reassignment

Not applicable, this policy applies equally to all children and young people

-

Not applicable

Sexual Orientation

Not applicable, this policy applies equally to all children and young people

-

Not applicable

Race

Not applicable, this policy applies equally to all children and young people.

Not applicable

Religion or Belief

Some religious groups have specific dietary needs, which will either forbid them from eating certain foods or require that the food can only be consumed where it has been prepared in a specific way.

Section 85 of the Equality Act 2010 forbids education authorities from discriminating against, harassing or victimising any pupil in the way it affords them with access to a benefit, facility or service.

This will require that education authorities and schools must take account of the religious dietary needs of their pupils when planning their school menus, therefore ensuring that all children and young people in attendance have equal access to balanced and nutritious food and drink which meets the standards set out in the 2020 regulations.

Equality Act 2010

Education Scotland's Health and Nutrition Inspectors carry out regular inspections at schools to ensure they are complying with their statutory obligations in relation to the provision of food and drink to all children and young people in attendance. No additional actions over and above this are required.

Marriage and Civil Partnership

Not applicable

Not applicable

Not applicable

Contact

Email: lyndsey.fogg@gov.scot

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