The Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 received Royal Assent on 2 April 2026 after passing at Stage 3 on 17 February. The Act has two objectives: to make pupils’ views central to decisions about withdrawing from religious observance in schools, and to refine how the UNCRC compatibility duty operates where other statutory duties apply. Some provisions will commence later by regulations. (parliament.scot)
On education law, the Act amends the Education (Scotland) Act 1980 so that a parent’s right to withdraw no longer extends to religious instruction; any withdrawal right now relates to religious observance only. It introduces a statutory process requiring schools to consider the pupil’s views when a parent requests withdrawal, with the intention of aligning practice more closely with the UNCRC. (parliament.scot)
When a parent seeks withdrawal from religious observance, the school operator must provide written information on the process, inform the pupil of the request and of their right to object, and give the pupil a suitable opportunity to express views. If, after that process, the pupil objects, the operator must not give effect to the parent’s request. Where a pupil is withdrawn, the school must ensure educational activity is provided during that time. (parliament.scot)
Operators must act impartially and avoid influencing a pupil’s views in these decisions. Scottish Ministers are required to issue statutory guidance for operators on running the process, consult representatives of teachers, parents, children and young people, and denominational schools before issuing it, and publish it. Ministers also have a power-subject to the affirmative procedure-to create an independent pupil right to request withdrawal from religious observance, and must publish annual statistics on the number of pupils withdrawn. (parliament.scot)
For headteachers and education authorities, the statutory process means policy documents, staff training and parent communications will need updating once commencement regulations are made. SPICe notes the Committee’s view that capacity-to-express-views decisions should not be fixed by age threshold and that statutory guidance should support consistent practice. (parliament.scot)
On the UNCRC, the Act replicates the former section 6(4) of the 2024 UNCRC Act as a new section 6A, confirming there is no unlawfulness where an incompatible act is required or authorised by UK legislation. It then adds section 6B, creating a further, narrowly drawn exception for cases where a public authority is compelled to act incompatibly by words in an Act of the Scottish Parliament or in subordinate legislation where the parent Act prevents removal of the incompatibility. (parliament.scot)
To provide oversight of that exception, listed authorities must notify Scottish Ministers, the Children and Young People’s Commissioner Scotland and the Scottish Human Rights Commission when they consider section 6B applies; courts must intimate such questions to the Lord Advocate, CYPCS and SHRC, who may intervene. SPICe records Parliament’s interest in monitoring use of this provision. (parliament.scot)
Next steps centre on commencement. The Parliament’s bill record confirms the Act became law on 2 April 2026; commencement regulations will set the operative dates for the education and UNCRC provisions. Statutory guidance is expected to accompany implementation, providing direction on process, capacity assessments and support for pupils and parents. (parliament.scot)