Equality Impact Assessment

Title

HMIE Review of School Inspection Public Consultation - ‘School Inspections are Changing’

Senior Lead Officers

Patricia Watson - Strategic Director
Louise Turnbull - Head of Inspection

Operational lead

Fraser McCallum – Scrutiny Officer

Directorate or Division

His Majesty’s Inspectorate of Education

Is this new policy or revision to an existing policy?

Revision

This equalities impact assessment (EQIA) sets out how HMIE’s public consultation, ‘School Inspections are Changing’, will enable HMIE to fulfil the requirements of the Equality Act 2010, including the public sector equality duty (PSED) set out in section 149 of the Equality Act 2010.

The PSED requires of the need to:

• eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it

We are publishing this EQIA as part of HMIE’s consultation on how school inspections should be carried out in the future. The consultation asks for comments on:

• people involved in inspection
• inspection frequency and selection
• use of grades in inspection
• notification of inspection
• pre-inspection processes
• design and content of a school inspection framework
• reporting on the outcome of inspections
• inspecting nursery classes
• inspection follow-up

HMIE want to ensure that through this consultation, a wide range of views and experiences are represented and contribute to shaping how school inspection evolves in the future.

This EQIA statement sets out how the equality implications of this consultation have been considered. Equality‑related issues raised through consultation responses, including those identified in the independent analysis of responses, will inform and will continue to inform our assessment.

A review of this this EQIA will be conducted when proposed changes to school inspection are introduced to the education system.  This will require a revised version of this statement being published.

In November 2024, His Majesty’s Chief Inspector shared the new approach to stakeholder engagement taken by HMIE. HMIE  is prioritising this engagement to ensure that voices across the education system are heard, valued and are at the heart of our review of school inspection in Scotland. Phase one of this engagement started in January 2025.

As part of phase two of the review of school inspection, HMIE launched a public consultation in August 2025.

HMIE have taken care to gather the views of a wide range of stakeholders. We have engaged stakeholders through a large variety of engagement events prior to (Phase one) and during the consultation exercise. 

In phase one, the period January 2025 to June 2025, members of the school inspection review project team engaged with over 1000 adult stakeholders. This engagement focused on seeking information about four key areas:

• the principles on which a new school inspection framework should be developed and why are these important
• whether there any unintended consequences or challenges with the existing framework and how might challenges be addressed
• what are the key features of effective inspection models that we should be considering and why are these important?
• to what extent do existing models create unintended consequences, challenges, or missed opportunities. How might we overcome these?
• in the period from January 2025 to June 2025, HM inspectors also engaged with over 500 children and young people from a wide range of schools across the country.

In the initial stages of engagement, project team members asked for children and young people’s views about the focus and scope of the engagement. Following these initial engagements, workshop materials were created which focused on gathering children and young people’s views in relation to the following:

• which aspects of school are most important to them (their views about an ‘ideal’ school). This question was designed to ensure that any review of the school inspection framework reflected children and young people’s priorities for their education. 
• primary aged children were asked for their general views on what inspections should focus on and who inspectors should speak to when they visited schools. 
• secondary aged children were asked to review the main areas which school inspections currently focus on. They discussed the difference between inspectors visiting for 3 days (short model) and 5 days (full model) and what different things were inspected during these visits. 
• primary and secondary aged children and young people were asked to give their views and ‘top tips’ for school inspectors conducting school inspections. The purpose of this question was to provide evidence of children and young people’s views on models for inspection. 

All of this engagement has helped to shape the scope of the public consultation.

The consultation includes two questionnaires to support inclusive engagement: one for wider stakeholders, and a separate, bespoke questionnaire designed specifically for children and young people.

We have considered how our consultation could have an impact on individuals or groups of people in terms of the protected characteristics. We have also considered whether it meets the 3 PSED aims.

The protected characteristics are:

• age
• disability
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation
• marriage and civil partnerships

 

1.1 Demographic data

The consultation does not seek to collect personal data relating to protected characteristics.  This approach reflects a deliberate decision to minimise the collection of sensitive personal data and to reduce barriers to participation.

However, respondents are asked to provide information on their geographic location (local authority area) and their role within the education system (for example, child or young person, parent or carer, teacher, school leader, local authority officer, or organisation). This enables analysis of responses by geography and respondent type, supporting an understanding of how views varied across Scotland and across different parts of the education system, without requiring disclosure of personal or special category data.

 

1.2 Organisation responses

In addition to inviting responses from individual participants, we fully anticipate that the consultation will receive submissions from a wide range of organisations with interests relevant to equality, children’s rights, and the Public Sector Equality Duty. 

These are likely to include national public bodies, sector representative organisations, third‑sector and advocacy organisations, trade unions, faith‑based bodies, and organisations with specific expertise relating to protected characteristics and inclusion, such as disability, language rights, children’s rights and gender‑based violence.

The breadth of these anticipated organisational respondents – including bodies working on equality and human rights, Gaelic education, religious education, disability and neurodivergence, and children’s wellbeing – will strengthen the evidence base for future changes to how school inspections are conducted. This will help ensure that perspectives relevant to a wide range of protected characteristics are considered, even where individual‑level equality data has not been collected through the public consultation.

1.3 Protected characteristics

1.3.1 Age

The consultation is designed to actively support participation from children and young people of primary and secondary school age, recognising age as a key factor in shaping how individuals engage with inspection processes and public policy consultations. 

HM Inspectors are undertaking engagement events with children and young people from every local authority in Scotland to support the participation of children and young people in the consultation. 

Engagement approaches are tailored to be age‑appropriate, including facilitated discussions and interactive activities.

To further support accessibility for younger participants, an animation has been developed to explain how school inspection currently works, using clear language and visual storytelling to support understanding. These measures help reduce age‑related barriers to participation and support children and young people to express their views meaningfully. 

1.3.2 Disability

Disability considerations are embedded throughout the consultation design and delivery. Bespoke workshops are being delivered for children and young people with additional support needs, ensuring that engagement methods are adapted to meet a range of communication, cognitive, sensory and learning needs. 

These workshops are designed to provide supported, inclusive spaces for participation, enabling children and young people to engage in ways that reflect their individual needs.

In addition, the consultation materials are produced in accessible formats, including British Sign Language (BSL) translation of the consultation paper. This will support participation from those who use BSL as their primary language. These actions demonstrate a proactive approach to removing disability‑related barriers.

1.3.3 Gender reassignment

The consultation does not collect personal data on gender identity, including gender reassignment. However, all of HMIE’s engagement approaches in this project focuses on inclusion, respect and psychological safety for all participants. 

All engagement sessions will be facilitated in ways that encouraged respectful dialogue to ensure that all participants, including children and young people, can share views without being required to disclose personal or sensitive information.

The consultation content and engagement processes do not disadvantage or exclude people who are transgender or who have a history of gender reassignment. 

1.3.4 Pregnancy and Maternity

Adult stakeholders, including parents and carers, are able to engage through accessible written consultation materials. There is no evidence to suggest that the consultation design will place barriers on individuals who are pregnant or on maternity leave. 

Pregnancy and maternity are not directly applicable to most children and young people who may choose to participate in the consultation.

1.3.5 Race

Through facilitated workshops with HM Inspectors, the consultation seeks participation from children and young people across all local authorities in Scotland, supporting geographic and socio‑cultural diversity. Engagement sessions are inclusive and designed for participants from a wide range of ethnic and racial backgrounds.

Accessibility measures such as translation into Gaelic and BSL also support inclusion for linguistic minorities and for those whose first language is not English. 

While the consultation is not targeted specifically by race, its inclusive design helps reduce structural barriers to participation. 

1.3.6 Religion

The consultation and engagement materials are designed to be neutral and inclusive, with no assumptions made about participants’ religion or belief. Children and young people from faith‑based and non‑faith‑based schools can choose to participate, and engagement activities will be facilitated in ways that respects differing beliefs and values.

No religious or belief groups were disadvantaged by the consultation design or content.

1.3.7 Sex

The consultation is open to participation from all sexes, and all engagement sessions will be facilitated to ensure balanced and respectful participation. No aspects of the consultation design differentiate participation requirements on the basis of sex.

1.3.8 Sexual orientation

The consultation does not require participants to disclose sexual orientation. Engagement approaches will prioritise inclusivity and respect, with no content or processes that would disadvantage lesbian, gay, bisexual or heterosexual participants.

1.3.9 Marriage and civil partnership

The consultation design does not differentiate access or participation on the basis of marriage or civil partnership status for adult respondents.

Marriage and civil partnership are not relevant characteristics for the majority of children and young people who may choose to participate in the consultation. 

1.4  PSED aims

1.4.1 Eliminating discrimination and advancing equality of opportunity

In phase one of the review of school inspections, HMIE has taken care to gather the views of a wide range of stakeholders. We want to hear stakeholders’ views on the equality implications of the way we inspect and report and we will take account of these when formulating future proposals.

Through this consultation, we ask for people’s views on how inspections can be improved, including views on what a new school inspection framework should look like and which key areas should feature within it. This includes consideration of statutory requirements relating to safeguarding and equalities.

However, our priority in this consultation is to hear from our stakeholders before we confirm our proposals. Its purpose is to understand people’s views and use them to improve our work. 

We will consider the equality implications of any changes proposed as a result of this consultation. Any significant changes arising from the consultation, and from HMIE’s wider stakeholder engagement on the review of school inspections, will require a subsequent EQIA.

HMIE aims to help improve outcomes for disadvantaged and vulnerable children and learners. We want to hear views on how we can improve our work to advance equality of opportunity. We want to ensure that how we inspect has positive consequences for those with protected characteristics, as well as for disadvantaged and vulnerable groups, such as socio-economically disadvantaged children and children in care.

1.4.2 Fostering good relations

We do not believe that this consultation exercise will adversely affect HMIE’s ability to have due regard to fostering good relations during inspections. Our approach to stakeholder engagement is focused on fostering good relations with our wide range of stakeholders. It is about asking for and encouraging views from everyone who is interested in or affected by our work.

1.4.3 Monitoring and evaluation

We consider that we have fully and appropriately considered all elements of the PSED.

When HMIE seeks the views of stakeholders, including through HMIE’s Stakeholder Forum as legislated for in the Education (Scotland) Act 2025, on any planned changes to school inspection, we will develop a separate EQIA to assess the equality implications of those proposals.

Protected characteristic	Summary assessment decision
Age	Positive impact – The consultation is specifically designed to support participation by children and young people of primary and secondary school age, including engagement sessions planned to be held across all local authorities and child‑friendly explanatory materials.
Disability	Positive impact – Bespoke engagement activities are being delivered for children and young people with additional support needs, alongside accessible formats such as BSL interpretation, supporting inclusive participation.
Gender reassignment	No negative impact identified – No personal data relating to gender identity is collected, and the consultation design and facilitation ensures inclusive, respectful participation for all respondents.
Pregnancy and maternity	No impact identified – This characteristic is not relevant to the majority of child participants, and no barriers to participation are identified for adult respondents who may be affected.
Race	Positive impact – Children and young people participation is drawn from all local authorities across Scotland, supported by inclusive engagement approaches and accessibility measures which will help reduce barriers linked to language and cultural background.
Religion or belief	No negative impact identified – The consultation is conducted in a neutral and inclusive manner, with participation from faith‑based and non‑faith‑based stakeholders, and no disadvantage identified.
Sex	No negative impact identified – The consultation is open to participants of all sexes, with no differential treatment or barriers identified in design or delivery.
Sexual orientation	No negative impact identified – The consultation does not require disclosure of sexual orientation and is conducted in a manner that does not disadvantage any group.
Marriage and civil partnership	No impact identified – Participation Is not affected by marital or civil partnership status.

This Equality Impact Assessment informed the development and delivery of  HMIE’s public consultation, ‘School Inspections are Changing’.

Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation were considered.

The Marriage and Civil Partnership protected characteristic was not applicable to this policy.