Guidance for STARME Members; Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026

Following requests for guidance on the Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Act 2026 we have been in liaison with the Directorate for Education team. We would like to offer these points of clarity to our members to help clarify the impact this may have in your schools.

The Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill was passed by the Scottish Parliament on 17 February 2026, and received Royal Assent on 2 April 2026. The resulting Act and associated documents can be found here: Children (Withdrawal from Religious Education and Amendment of UNCRC Compatibility Duty) (Scotland) Bill | Scottish Parliament Website.

Key points:

Currently:

· The previous legislation and guidance in relation to religious observance and religious and moral education remains in force at present.

·  Accompanying statutory guidance, commencement regulations, and implementation of the changes to be made by the Act are being considered currently.

When the Act comes into full action:

·  When the Act comes into force, religious observance and RME will be separated in relation to the existing parental right to withdraw, so that it only applies to religious observance and there is no longer any right to withdraw a pupil from RME. These changes, like the current legislation, will apply to all publicly funded schools, whether denominational or non-denominational.

· Schools will be required to inform a pupil if their parent asks for them to be withdrawn from religious observance and the pupil will have the chance to express their views. Where the pupil’s views differ from the parent’s views, the school would have to seek to discuss the pupil’s objection with parent and pupil. However, in the event of continued disagreement, the school would be required to follow the pupil’s preference in relation to withdrawal.

(Where a pupil is not capable of forming a view, the school would not have to take these steps. However, it is assumed that a pupil is able to do so unless it is shown otherwise. It should also be noted that the position will remain that a pupil has no right to withdraw themselves from religious observance without their parent’s permission. The accompanying statutory guidance will provide further information for schools on the updated withdrawal process.)

· Education authorities will be asked to provide information about the number of pupils withdrawn from religious observance to Scottish Ministers for an annual report.

This guidance has been produced in consultation with the Directorate for Education team and more information will follow as the Act progresses in consultation with the Association of Directors of Education in Scotland (ADES). When there is a timeline for full commencement of the Act we will inform you. 

The Curriculum Improvement Cycle has indicated a name change from RME to RMPS and subsequently when this happens this guidance will apply to RMPS.