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

No significant positive or negative impacts have been identified for any of the equality groups as a result of this policy.

Some positive benefit could be claimed as a result of the regs. applying only to school age children as opposed to all other age groups too.

Section 85 of the Equality Act 2010 requires that schools and education authorities must not discriminate against, harass or victimise any pupil in the way it affords access to a benefit, facility or service.

Is the policy directly or indirectly discriminatory under the Equality Act 2010?^[4]

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

The 2020 regulations on the nutritional requirements for food and drink in schools has been considered in light of scientific evidence that has emerged since the original regulations were first introduced in 2008, and also to align them more closely with the Scottish Dietary Goals which were revised in 2016.

Consideration was given to equality groups who have particular dietary needs, those being children and young people who are required to follow special diets as a result of their medical condition as well as those who observe religious beliefs which have particular dietary requirements.

The Equalities legislation of 2010 requires that schools and education authorities cannot discriminate against, harass or victimise any pupil in the way it affords them access to a benefit, facility or service. This requires that all pupils must have equal access to balanced and nutritious food which will meet the standards set out in the 2020 regulations.

Monitoring and Review

As part of the annual programme of school inspections, Education Scotland's Health and Nutrition Inspectors will continue to routinely carry out inspections and ensure that the new standards, set out in the 2020 regulations on school food and drink, are being complied with. These inspections will also ensure that school menus are reflecting the needs of pupils who follow special diets due to factors such as their religious beliefs or their medical condition. The 2020 regulations are expected to come into effect on 8 April 2020.