SCES supports the Bill’s stated aim of ensuring compliance with the United Nations Convention on the Rights of the Child (UNCRC), and welcomes efforts to strengthen children’s rights in Scottish law. In particular, SCES supports proposed amendments which introduce clearer age-related guidance on maturity and decision-making, helping to determine when a young person can make an informed decision about Religious Education or Religious Observance.

However, SCES has raised serious concerns that a number of other amendments extend the Bill beyond its original purpose and could have unintended consequences for Scotland’s denominational schools. SCES warns that proposals to replace the long-standing legal term “Religious Instruction” with “Religious Education” could narrow interpretation towards a purely academic curriculum model, potentially limiting the ability of denominational schools to deliver faith-based education consistent with their protected religious ethos.

SCES has also expressed concern about proposals that would allow young people to withdraw independently from Religious Observance, without the same level of parental involvement currently required. While such changes are often justified by reference to Article 14 of the UNCRC, SCES notes that Article 14 must be read in full, as it also affirms the rights and duties of parents to guide children in matters of religion, in accordance with the child’s evolving capacities.

While welcoming the opportunity to contribute to statutory guidance, SCES has highlighted major concerns regarding proposed new reporting and information requirements. SCES believes these measures would impose disproportionate administrative burdens on schools and local authorities, duplicate existing inspection arrangements, and introduce unclear criteria requiring Religious Observance to be assessed as “objective, critical and pluralistic” and “inclusive”, without clear definitions or clarity on who would judge compliance.

SCES welcomes proposals intended to safeguard the existing legal protections of denominational schools, and stresses that Scotland’s denominational education system has long held a legitimate and protected place within the wider educational framework.

SCES urges Parliament to ensure that UNCRC compliance is achieved in a way that respects children’s rights, the role of parents and families, and the distinctive character and legal status of denominational schools in Scotland. SCES is grateful for the constructive communication with the Scottish Government throughout this process, and welcomes the opportunity to work collaboratively on the development of future statutory guidance.