Residential Outdoor Education (Scotland) Act 2026: Implications for UK health and safety law and duty holders

Residential Outdoor Education in Scotland 2026: Implications for UK health and safety law and duty holders

What has changed

The Schools (Residential Outdoor Education) (Scotland) Act 2026 introduces new provisions about the making available of residential outdoor education to school pupils. The text is concise, but the change signals broader expectations that providers and schools address health and safety considerations more explicitly when planning and delivering residential outdoor activities.

Who is affected

Local authorities, schools and organisations that arrange or operate residential outdoor education programmes in Scotland will be affected. Providers supplying accommodation, activity programmes or supervision should align with UK health and safety law and HSE requirements when offering residential activities to pupils.

Why it matters

The change addresses real risk scenarios such as safeguarding, supervision ratios, incident reporting and ensuring appropriate risk management for outdoor education environments. Clear governance and competent oversight help protect pupils and reduce legal or regulatory exposure for duty holders.

Key duties for organisations

Organizations should prioritise: implementing or updating health and safety risk assessments for outdoor activities; establishing clear roles for supervisory staff; ensuring suitable training and qualifications for activity instructors; reviewing contractor and partner arrangements; and aligning internal policies with UK health and safety law and HSE requirements.

• Documented risk assessments for residential activities
• Competent supervision ratios and safeguarding arrangements
• Monitoring and incident reporting processes
• Contractor management and assurance of safety standards
• Training and competency development

Steps to achieve compliance

Review existing policies and risk assessments; update procedures; engage pupils and staff in consultative processes; verify staff qualifications; establish governance mechanisms; consider alignment with ISO 45001 health and safety management system and relevant guidance. For ongoing support, see ISO 45001 occupational health and safety management or health and safety risk assessments.

Enforcement and sanctions

Enforcement will follow the standard UK health and safety regulation framework. Duty holders should prepare for potential inspection and apply proportionate corrective actions where gaps are identified.

How Synergos can help

Synergos Consultancy can provide competent person support, help design a compliant management system and deliver targeted training. See Competent Person support and Synergos Training Academy for practical tools and guidance.

In summary, organisations should update governance, risk assessment and supplier management to reflect the new provisions and maintain robust compliance with UK health and safety law for residential outdoor education.