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Report of the Consultation on the draft Additional Support for Learning Bill

Introduction

1. This document provides a summary of the responses to the consultation on the draft Education (Additional Support for Learning) (Scotland) Bill. It sets out the changes that have been made to the draft Bill as a result of the consultation, gives an indication of what a Co-ordinated Support Plan might contain and, finally, an outline of what happens next.

2. The Education (Additional Support for Learning) Bill was introduced to the Scottish Parliament in October. The Bill is accompanied by a Policy Memorandum and Explanatory Notes (including a Financial Memorandum). The Policy Memorandum explains the policy objectives of the Bill, the options considered, the consultation process and the effect of the Bill on equal opportunities, human rights, island communities, local government and sustainable development. The Explanatory Notes provide a section-by-section description of what the Bill does, to help the reader understand the provisions of the Bill. The Financial Memorandum sets out the estimated costs which will fall to the Scottish Executive, to local authorities and to other organisations and individuals as a result of the proposals in the Bill.

3. We recommend that the Bill is read along with these documents to give a fuller picture of what is being proposed and why. Both the Bill and its accompanying documents should be obtained from the Scottish Parliament website at http://www.scottish.parliament.uk/bills/index.htm .

Background

4. This Bill is the result of the commitment given by Scottish Ministers over three years ago to review the existing system for assessing and recording children and young people with special educational needs. The current system is now over twenty years old and no longer reflects the many changes that have taken place not just in policies and legislation but also in practice, attitudes and expectations. The Bill aims to build on and complement developments in Scotland's educational system and the wider agenda to integrate and improve children's services. It should be viewed in the context of the much bigger framework that is being developed to support the education of all children and young people in Scotland. Central to the construction of this framework are the five National Priorities in Education, essentially the building blocks for improving school education in Scotland. They address: achievement and attainment; framework for learning; inclusion and equality; values and citizenship; and learning for life.

5. The process of consulting on the proposals for change began in May 2001 with the publication of Assessing our children's educational needs: The Way Forward? (see http://www.scotland.gov.uk/library3/education/aocen-00.asp ). This sets out the reasons for reviewing the current system, drawing on the views expressed by parents, professionals, young people and the recommendations of the Parliament's Education, Culture and Sport Committee. It also posed various questions for consideration around key areas such as Staged Assessment, Appeals, and Monitoring Progress. The consultation aimed to look at how best to move on from the current system and to establish what changes were required to the current legislation.

6. We received 148 responses from a broad range of consultees. The summary of the responses and our proposals for change were published in February 2002 in Assessing our children's educational needs: The Way Forward? - The Scottish Executive Response to the Consultation (see http://www.scotland.gov.uk/consultations/education/acen-00.asp ). In addition to the written consultation, we held three seminar events in Glasgow, Aberdeen and Edinburgh which were attended by over 300 delegates, including parents, professionals and representatives from voluntary organisations. In addition, four focus groups were held with education, health and social work professionals. A wide range of views were expressed about both the strengths and weaknesses of the current system. These are summarised in the document at http://www.scotland.gov.uk/library5/education/asnseminarkeypoints.pdf . These views helped to inform the proposals for a new system which in turn helped develop the draft Bill itself.

7. Also in 2002, the Scottish Executive undertook a National Debate on Education (see http://www.scotland.gov.uk/education/nd-homepage.htm ) with pupils, parents, teachers, employers and others with an interest in the future of school-age education. More than 20,000 people participated directly in the Debate. One of the questions people were asked under the heading Pupils, Parents and the Community, focused on how we can most effectively meet the needs of those requiring additional support and those who do not. Many of the responses to this question echoed those expressed during the consultation on The Way Forward?, such as:

• better involvement of children and parents in discussions and decisions about their education;
• better communication between school and home;
• provision of independent advice or a liaison person;
• more information for parents;
• better transition arrangements;
• need for a planned and co-ordinated approach by all the professionals;
• need for appropriate and relevant recording methods and for multi-agency assessments.

8. As a result of the National Debate, first steps for action were identified and these included improving communication with parents about education practice and their role in the decision making process and improving education for children who need additional support for learning in partnership with their parents. These very much reflect the policy aims behind the Bill. For the Executive's response to the National Debate see Educating for Excellencehttp://www.scotland.gov.uk/library5/education/ndser-00.asp .

9. The development of the Bill has also been informed by the agenda for better integrated children's services set out in the For Scotland's Children report, published in October 2001 (see http://www.scotland.gov.uk/library3/education/fcsr-00.asp ). The report was commissioned by Scottish Ministers from an Action Team of experts who consulted children, parents and professionals. The report recommended the development of a consistent framework for assessing children's needs and sharing relevant information, which could be used across agencies working with children, not just with reference to education, but also health, social care, and so on. The Executive is currently working with local authorities and health boards on developing such an integrated framework.

Consultation on the draft Bill

10. The draft Education (Additional Support for Learning) (Scotland) Bill
(see http://www.scotland.gov.uk/consultations/education/deasl-00.asp ) was published for public consultation on 17 January 2003, along with the strategic framework document, Moving Forward! Additional Support for Learning (see http://www.scotland.gov.uk/library5/education/mfas-00.asp ). Over 7000 copies of the draft Bill were distributed for consultation to:

• all local authorities, Health Boards and Trusts;
• local authority primary, secondary and special schools;
• all independent schools;
• independent special schools and grant-aided schools;
• Childcare Partnerships and Childcare Development Officers;
• Parent Teacher Associations;
• Scottish School Board Association;
• national voluntary and non-statutory organisations that represent parents and children with special educational needs;
• other professional and interested bodies.

11. As part of the consultation on the draft Bill, the Executive held 14 seminars throughout February in venues across Scotland. The purpose of these events was to provide information about the proposals, to facilitate discussion with other delegates and officials, and to encourage responses to the draft Bill. The majority of the 1210 attendees found the seminars to be helpful. Many views were expressed. We are grateful to everyone who attended and for being so willing to share their opinions, concerns and suggestions.

12. Smaller focus groups were held with education officers, educational psychologists, health and social work officials, children's organisations and Further Education and Careers Scotland representatives to discuss some of the proposals in greater detail.

13. Children in Scotland were commissioned to carry out consultation with children and young people to get their views on how the proposals will affect them. A total of 105 children and young people contributed either by taking part in consultation sessions run by Children in Scotland or by completing a short questionnaire. There were six groups made up of children and young people with and without disabilities, from Gypsy or Traveller families and those having English as an Additional Language. A report of the views and experiences of the children and young people was produced and has been taken into consideration. Thank you to Children in Scotland for organising the consultation and to all the children and young people for taking part so positively and constructively.

14. The consultation on the draft Bill ended on 28 March 2003. We received 252 written responses from a wide range of people, including parents, voluntary organisations, education authorities, interest groups, and schools. In addition, Peter Peacock, Minister for Education and Young People and Euan Robson, Deputy Minister for Education and Young People, met with small groups of key respondents over the summer, to hear for themselves the different views and aspirations for the Bill. Respondents came from health, social work and education and from various organisations.

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