| LEGISLATION | |
Rights to education |
Sections 1 and 2 (2) Standards in Scotland's Schools etc. Act 2000
('the 2000 Act') | 5. All children of school age have the right to be provided with school education by, or through arrangements made by, an education authority. In providing that education, education authorities must have regard to the views of children or young people in decisions that affect them. |
Age of Legal Capacity Act 1991 s2 | 6. The Act gives rights to parents and young people and not to children in their own right. However, the Act is consistent with legislation that recognises that children with legal capacity are able to make some decisions on their own behalf. For example, children over 12 may consent to any medical procedure or treatment and instruct a solicitor in relation to civil matters so long as they are considered capable of understanding the nature and possible consequences of their actions. |
Young people |
1980 Act | 7. Young people (young persons in legislation) have similar rights to parents regarding school education. They may also express their views on, and take decisions about, their school education. |
Parents |
Education (Scotland) Act 1980 | 8. Parents are defined under the 1980 Act as including a guardian or any person who is liable to maintain or has the actual custody of a child or young person. This definition is also used in relation to the 2000 Act and the Education (Additional Support for Learning) (Scotland) Act 2004. |
9. Under the 1980 Act, parents must ensure that their children of school age receive education, either by sending their child to a school managed by the education authority, or by other means, for example an independent school or home education. |
10. Parents must, where it is the interests of the child and is practicable, safeguard and promote their child's health, development and welfare. This also applies to anyone over 16 who has care or control of a child under the age of 16. In addition, parents must provide their children who are under 18 years of age, with appropriate direction and guidance. They should maintain personal relations and direct contact with their son or daughter on a regular basis, if they do not live with their child. Parents must also act as their child's legal representative. Where a person takes a major decision in fulfilling a parental responsibility or right under the 1995 Act they must have regard to the views of the child, taking account of the child's age and maturity and whether the child wishes to express a view. | Children (Scotland) Act 1995 |
| Education authorities |
11. Under the 1980 Act education authorities must provide adequate and efficient school education within their area. | Education (Scotland) Act 1980 s1 (1) |
12. The 2000 Act places education authorities under a duty to secure that the education provided is directed towards the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential. Education authorities should provide education to school age pupils in a mainstream setting unless certain exceptions apply. Education authorities must make special arrangements for pupils who are unable, or where it would be unreasonable to expect them, to attend school through prolonged ill-health. | s40 2000 Act s14 (1) (b) 2000 Act |
13. It is unlawful for an education authority to discriminate against disabled pupils. They should ensure that disabled pupils are not treated less favourably; and make reasonable adjustments to avoid putting disabled pupils at a substantial disadvantage. They must also have accessibility strategies in place to improve access to the curriculum, to school buildings and school information for pupils with disabilities. | Disability Discrimination Act 1995 Part 4 Chapter 1 as amended Education (Disability Strategies and Pupils' Educational Records (Scotland) Act 2002 |
14. The Additional Support for Learning Act complements other legislation in relation to children with disabilities. For example Section 23 of the Children (Scotland) Act 1995 requires local authorities to provide services designed to minimise the impact of disabilities on children and to allow them to lead their lives as normally as possible. | s23 Children (Scotland) Act 1995 |
15. The Act builds on all of these and introduces new rights and duties in respect of additional support for learning. These are explained in Section 2 - Additional Support Needs - The Framework. |
Other agencies |
NHS Reform (Scotland) Act 2004 | 16. The NHS Reform (Scotland) Act 2004 will provide the legislative framework for the development of Community Health Partnerships which lays strong emphasis on partnership, integration and design. |
Adults with Incapacity (Scotland) Act 2000 | 17. The law provides for decisions to be made on behalf of adults who lack legal capacity to do so themselves because of mental disorder or inability to communicate. Adults are defined as being over 16 years of age. The decisions concerned may be about the adult's property or financial affairs, or about their personal welfare, including medical treatment. Professionals carrying out functions under the Additional Support for Learning Act should have due regard to the provisions within the Adults with Incapacity Act. |
Mental Health (Care and Treatment) (Scotland) Act 2003 | 18. Professionals carrying out functions under the Mental Health Act should have due regard to the provisions under the Act. As there may be instances where there is some cross over between them. |
Protection of Children (Scotland) Act 2003 | 19. The Protection of Children (Scotland) Act 2003 is not yet in force. However, when it comes into force professionals carrying out functions under it should have due regard to the legislation on additional support for learning. |
Further and Higher Education (Scotland) Act 1992 | 20. The Further and Higher Education (Scotland) Act 1992 requires that adequate and efficient provision of further and higher education is made in Scotland. Due regard should be given to the requirements of those over school age who have a learning difficulty or disability which may affect their education. In preparing young people for leaving school, teachers should be aware of legislation covering further and higher education. Under proposals in the draft Further and Higher Education (Scotland) Bill, the educational and related needs of students and prospective students of further education colleges and higher education institutions must be regarded. |
| POLICY | |
21. The Scottish Executive has a wide range of policies which supports the development and well-being of Scotland's children and young people. The broad definition of additional support needs means that application of the Act's provisions requires effective interaction across policies in a number of areas. Appendix 1 provides a fuller list of policy areas. The following paragraphs describe some of the main policy areas on which the Act has a bearing. |
Integrated Children's Services |
22. The Scottish Executive report, For Scotland's Children, highlights the importance of an integrated approach to service delivery. An effective integrated approach is essential. | For Scotland's Children |
23. Local authorities, NHS Boards and other appropriate agencies are expected to work together to ensure effective integrated children's services. In doing so, they require to draw together core statutory and other planning requirements into a single statutory plan. These include Children's Services Plans, Statements of Education Improvement Objectives and Records of Achievement, child health elements of Local Health Plans, Joint Health Improvement Plans and Child Health Strategies, and Youth Justice Strategies. Integrated Children's Services Plans must include reference to services for vulnerable children and children in need, including arrangements for early intervention and support within universal services and targeted additional support where required. Given the broad concept of additional support needs there is a need to integrate policies to ensure that factors affecting vulnerable children and children in need do not lead to an adverse effect on their learning. |
24. The Scottish Executive is developing a policy on an Integrated Assessment Framework which will support agencies to work together. The development of integrated planning and assessment and information sharing arrangements across local authority, health and other agencies can ensure policies for additional support needs are compatible with those for vulnerable children and children in need. The duties on other agencies to assist education authorities meet their duties under the Act can help the development of an integrated approach to the provision of school education, family support and health services. | Integrated Assessment Framework |
Children's Hearings System | 25. The Children's Hearings System is currently being reviewed. The review is drawing on, and feeding into, other Executive initiatives, including work on integrated children's services, a common integrated assessment framework, and the review of social work and the child protection reform programme. |
Children's Charter Framework for Standards | 26. A Children's Charter sets out the support that the most vulnerable children have the right to expect. The Framework for Standards for child protection sets out what children in Scotland can expect from professionals and agencies to ensure that they are adequately protected and their needs are met. The child protection reform programme is underpinned by a range of work across the Executive on integrated children's services and early intervention strategies. |
| Education |
Five national priorities in education | 27. The Standards in Scotland's Schools etc. Act 2000 requires that Scottish Ministers should set national priorities in education. The five National Priorities in Education underpin the Scottish Executive's education policies. These are: |
Achievement and Attainment: To raise standards of educational attainment for all in schools, especially in the core skills of literacy and numeracy, and to achieve better levels in national measures of achievement including examination results. Framework for Learning: To support and develop the skills of teachers, the self discipline of pupils and to enhance school environments so that they are conducive to teaching and learning Inclusion and Equality: To promote equality and help every pupil benefit from education, with particular regard paid to pupils with disabilities and special educational needs, and to Gaelic and other lesser used languages. Values and Citizenship: To work with parents to teach pupils respect for self and one another and their interdependence with other members of their neighbourhood and society, and to teach them the duties and responsibilities of citizenship in a democratic society Learning for Life: To equip pupils with the foundation skills, attitudes and expectations necessary to prosper in a changing society, and to encourage creativity and ambition. |
28. All of these priorities are relevant to ensuring that children and young people with additional support needs receive the help they require. The priorities are delivered in a range of educational settings, but the overarching context is one of schools developing their capacity to provide for the full range of children and young people within education. |
29. Integrated Community Schools have the twin aims of promoting social inclusion and raising educational standards in Scotland. They require teachers, social workers, family workers and health personnel to work together to develop common objectives and goals centred on the needs of children at school and on their families. This approach is essential to secure good outcomes, not only for children's education, but also for their social welfare, their health and the well being of the community where they live. | Integrated Community Schools |
30. The Scottish Executive's Integrated Early Years Strategy is aimed at giving young children, up to the age of six, the best possible start in life. It sets out a framework for the effective provision of universal and targeted services for children and their families and provides a vision of integrated early years services based on partnerships at all levels. Building on existing provision, Scottish Ministers want to see the development of multi-faceted services, bringing together childcare, pre-school education and some healthcare services focused on young children. | Integrated Early Years Strategy |
31. Better Behaviour-Better Learning provides recommendations for schools and education authorities to develop a policy framework and appropriate practices to promote positive behaviour in schools. These policies and practices should enable school staff to ensure that learning and teaching takes place with the minimum of disruption through good classroom and school management, and through a clear understanding of all staff and pupils of expectations for behaviour. Better Behaviour - Better Learning recognises the importance of early intervention and of co-ordinating support to pupils with behavioural difficulties. | Better Behaviour - Better Learning |
32. A wide range of other service policies across health, social work and further education supports the additional support needs framework and the development of integrated children's services and partnership working across agencies. |
Review of speech and language therapy, physiotherapy and occupational therapy for children (2003) | - The review of speech and language therapy, physiotherapy and occupational therapy for children called on providers to develop new methods of provision in non-traditional and inclusive settings, such as mainstream schools and nurseries and other community settings. Other recommendations called on local authorities and NHS Scotland to develop integrated approaches to the provision of therapy and other related interventions for children. Work being undertaken to address the reviews recommendations will dovetail with the Act.
|
A Service Framework for Children and Young People's Mental Health in Scotland | - A Service Framework is being developed to support local implementation of the recommendations made in the Scottish Needs Assessment Programme (SNAP) report on Child and Adolescent Mental Health, which was published in 2003. The SNAP report emphasised that all agencies and organisations have a role in supporting the mental health and wellbeing of children and young people across the continuum of mental health promotion, prevention of mental ill health, and care and treatment for those with mental health difficulties. The Service Framework is intended to be used in an inter-agency way and within the children's services planning context.
|
Health for All Children (Hall4) | - Implementation of Health for All Children: (commonly referred to as Hall4) encourages consistent arrangements for universal and targeted programmes for child health surveillance, screening and health promotion across Scotland. Hall 4 also highlights the need to draw more effectively on the range of regular contacts that children and families have with professionals in childcare and education, supported by clear routes for liaison, consultation and referral to health professionals when there are concerns. NHS Boards will be working with their local authority planning partners to agree an organisational development plan to take forward the Hall4 agenda.
|
A Scottish Framework for Nursing in Schools | - A Scottish Framework for Nursing in Schools, looked at delivery of nursing services in schools as part of a wider multi-disciplinary, multi-agency approach within the integrated community schools concept. Standard 17 of the Framework states that there should be an identified nursing team consisting of an appropriate mix of skills and expertise to address the needs of children with special needs, in both special and mainstream schools. Implementation should be complete by 2007.
|
The same as you? | - The same as you? report promotes partnership between local authorities and health in learning disability services for adults. It highlighted how the transition phase between child and adult services is crucial when planning services.
|
33. The Scottish Executive has embarked upon a programme to reform child protection services, following the Audit and Review of Child Protection It's everyone's job to make sure I'm alright. This programme includes establishing clear practice standards, and the development of a Children's Charter, which has implications for all services. | It's everyone's job to make sure I'm alright |
34. The additional support needs framework may be relevant for some children who are looked after. Learning With Care, the report on the education of children looked after away from home by local authorities, includes specific recommendations for social work and educational services provided by local authorities. | Learning with care |
35. The Scottish Executive is committed to ensuring that everyone has the chance to learn throughout their life regardless of their background or current personal circumstances. For some people, this will mean accessing provision delivered in a further education college or university, for others, community based or other provision may be more appropriate. |
36. In some circumstances, further education colleges may be primarily responsible for the provision of education, and making adjustments where necessary to meet learning needs. It is recognised therefore that in some cases, the needs of students cannot be met by the further education provider alone. In order to ensure that the most appropriate support is provided for the learner, the further education provider will liaise and work with a range of partners, such as local authorities and NHS Boards. Guidance on these arrangements, Partnership Matters was published in November 2004. | Partnership Matters |
37. Following the report of the Beattie Committee Implementing Inclusiveness: Realising Potential (1999) the Executive endorsed the principle that Inclusiveness should underpin all post-school education. Inclusiveness is about providing learning opportunities that give the best match to the needs of the individual. All further education colleges in Scotland continue to develop inclusive, learner centred policies. | Beattie Committee Implementing Inclusiveness: Realising Potential (1999) |