Promoting continuity rather than reform: Children in Scotland’s views on the Education (Scotland) Bill

Children in Scotland has responded to the call for views opened by the Education, Children and Young People’s Committee on the Education (Scotland) Bill, which will support education and skills reform being taken forward by the Scottish Government.  

As an active partner in the education reform process over a number of years, Children in Scotland is pleased to see legislation brought forward on the reform but, within its response to the call for views, expressed disappointment in the scale and scope of proposals. 

The Bill, which proposes the establishment of two new independent education bodies, Qualifications Scotland and His Majesty’s Chief Inspector of Education in Scotland, does not fully respond to many of the recommendations made through the various reviews on Scottish education which raises concerns on how effective the Bill will be in delivering the meaningful change that has been called for.  

Children in Scotland’s Head of Policy, Projects and Participation, David Mackay said:  

“We are concerned that the current proposals will promote continuity, rather than reform. They do not appear to align with previous Scottish Government commitments made in response to the various reviews of Scottish education.  

“It is unclear why there has been a change in approach and why key commitments originally proposed have now been disregarded. One example of this is the change in position regarding the role of Education Scotland. This inconsistency makes it difficult to have full confidence in the delivery of the proposals. 

“We would strongly encourage Scottish Government to consider how it can be more ambitious in its proposals for reform of the governance of Scottish education.” 

Given Scotland’s new obligations under the UNCRC (Incorporation) (Scotland) Act, which came into effect in July, Children in Scotland has also called for children’s rights to be solidified within the legislation.  

David said: 

“The proposed legislation does not currently make any reference to the UNCRC (Incorporation) (Scotland) Act or the convention more broadly. It also does not look to embed the convention and a rights-based approach within either the new qualifications body or the new independent inspectorate from a legislative perspective.  

“We do not believe this is aligned with Scotland’s new obligations, or the wider commitment to rights-based approaches in Scottish policy-making.” 

While the Bill conveys a commitment to creating some mechanisms for children and young people to engage with and participate in the new qualifications body and inspectorate, there is a lack of detail for how this will work in practice. As Children in Scotland has highlighted throughout various education reviews, clear consideration needs to be given to how engagement opportunities will be facilitated and supported to avoid adult-led solutions that will not work for the children and young people themselves.  

David said:  

“We firmly believe that the meaningful engagement of children and young people in the governance of our education bodies would improve the delivery of Scottish education.” 

Children in Scotland’s response to the call for views has drawn on comprehensive evidence from its work with children and young people including through the Inclusion Ambassadors network, its project work with care experienced young people and Pupil Support Staff through the Keeping the Promise Fund and Changing our World, Children in Scotland’s children and young people’s advisory group, who have been sharing their views and experiences on education and learning over a number of months. Further evidence has also been gathered through Children in Scotland’s services which support children and young people to access their rights to education, including Enquire, Resolve and My Rights, My Say.   

Click here to read Children in Scotland’s full response to the call for views