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EDUCATION (ADDITIONAL SUPPORT FOR LEARNING) (SCOTLAND) ACT 2004
DRAFT EDUCATION (CO-ORDINATED SUPPORT PLAN) (SCOTLAND) REGULATIONS 2005
Consultation paper
Additional Support Needs 04

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1. This paper provides an explanation of what is intended by the draft regulations on Co-ordinated Support Plans (CSP) to be prepared under the Education (Additional Support for Learning) (Scotland) Act 2004 and asks for your views on some specific questions. The Scottish Executive is, however, happy to receive views and suggestions relating to any aspect of the draft regulations. You may find it helpful to read these regulations in conjunction with Section 3 of the Code of Practice.

2. To help you to respond to the consultation, a response booklet has been produced as part of the consultation pack. The questions which are included in this paper are also included on page 10 of the response booklet.

Background

3. Section 9(2) of the Act provides that a CSP must contain certain information. Section 11(8) of the Act allows Scottish Ministers to make further provision in regulations about Co-ordinated Support Plans, including in particular provision about their form and additional information to be included over and above that already required under section 9(2), timescales and procedures in relation to managing those Plans. The attached draft regulations prescribe the form and content of the CSP, the time limits to be complied with in preparing and reviewing the CSP, the keeping, transfer, disclosure and discontinuance of the CSP.

Time limit in the preparation of the CSP

4. An education authority will have 12 weeks in which to produce a completed Co-ordinated Support Plan. The time limit starts from the date the education authority informs the child's parents or the young person of their intention to establish whether the child or young person requires or would require a CSP. The period ends when the education authority gives the parents or the young person a copy of the completed CSP. An education authority have a duty to comply with the time limit and failure to observe it can be referred to an Additional Support Needs Tribunal.

5. During this period the education authority will have to assess the child's or young person's additional support needs to establish whether they meet the criteria as set out in section 2 of the Act. This will involve seeking and taking account of a range of views, including those of the child, young person, parents and appropriate agencies. If the child or young person meets the criteria then the education authority must set educational objectives, establish what additional support is required and which persons will provide it. They will have to nominate someone to co-ordinate the provision detailed in the CSP as well as naming a contact person to provide information and advice. Finally the CSP itself will have to be written.

Time limit in the review of the CSP

6. The same time limit applies when an education authority is reviewing a CSP. The 12 weeks start from either the annual review date set in the CSP or from an earlier date if an earlier review is required or has been requested.

Time limit exceptions

7. An education authority need not comply with the time limits on grounds of impracticability alone. The regulations list circumstances where it would be considered impracticable for an education authority to comply with the time limits. For example, the child's parents or the young person has made an assessment request and the assessment or examination cannot take place or the results are not available before the end of the 12 week period or the education authority has asked an appropriate agency for help and they have not responded in time.

8. In such circumstances, an education authority must tell the child's parents or the young person why the time limit cannot be met and must set a new date. The regulations do not specify what the new time limit should be but state that it should not exceed the original 12 week limit by longer than is reasonably necessary in the circumstances. This is to allow for the individual circumstances surrounding the delay to be taken into consideration and to allow appropriate new time limits to be set in the light of these circumstances.

Keeping the CSP

9. The CSP must be kept by the education authority and must be available for inspection by the child's parents or the young person or the young person's parents if the education authority are satisfied that the young person lacks capacity. In addition, a copy must be kept at the child's or young person's school. The CSP will also be considered to be part of the pupil's progress record kept for that child or young person.

10. It should be noted that the Act already ensures that the child's parents or the young person must be given a copy of the CSP.

Transfer of the CSP

11. The regulations provide for what must happen to the CSP when a child or young person moves to another authority area.

12. When the education authority who prepared the CSP know the date the child or young person will be moving to a new authority area, they must transfer the CSP to the new authority within 4 weeks of that date. If the education authority only realise that the child or young person has left their area after the event, they must transfer the CSP within 4 weeks of the date they became aware this had happened.

13. Upon transfer, the CSP is to be treated as if it was prepared by the new authority. The new authority must let the child's parents or the young person know that the transfer has taken place and that they are now responsible for the CSP.

Disclosure of the CSP

14. In general terms, a CSP cannot be disclosed without the permission of a child's parents, a young person or the young person's parents if the education authority are satisfied that the young person lacks capacity to give consent. The regulations specify certain people to whom the CSP can be disclosed without permission. These include to one of Her Majesty's Inspectors of Schools in relation to the inspection of a school or an education authority, for the purposes of any reference or appeal under the Act and to Scottish Ministers when deciding whether to make an order under section 70 of the 1980 Act.

Discontinuance, preservation and destruction of the CSP

15. Where a CSP is discontinued following a review, or where the education authority are no longer responsible for the child or young person's school education, the discontinued CSP must be preserved for a period of 5 years. At the end of the period the CSP must be destroyed and, where possible, the education authority should notify the child's parents or the young person that this has happened.

16. Where an Additional Support Needs Tribunal overturns the decision to prepare or continue a CSP, the education authority must notify the child's parents or the young person when the CSP will be discontinued and ask them to let the authority know within 21 days whether they want it to be preserved for 5 years or not. If the answer is yes then the CSP must be preserved. If the answer is no, or there is no response, the education authority must destroy the CSP and let the child's parents or the young person know this has happened.

The Co-ordinated Support Plan template

17. The template sets out the form and content of the CSP which must be used by all education authorities. It contains biographical information about the child or young person, records information about why additional support is needed, what objectives it is planned to achieve (both short term and long term), details the support required to achieve these and who will provide this, specifies the nominated school, names the person responsible for co-ordinating the provision detailed in the Plan and the person to provide information and advice, notes the parents' views and child's or young person's views, and also the date of the next review.

18. It would be helpful when considering the template if you could think about the following:

Scottish Executive Education Department
Additional Support Needs Division
November 2004

SCOTTISH STATUTORY INSTRUMENTS

2005 No.

EDUCATION

The Education (Co-ordinated Support Plan) (Scotland) Regulations 2005

The Scottish Ministers, in exercise of the powers conferred by section 11(8) of the Education (Additional Support for Learning)(Scotland) Act 2004( ¹), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Education (Co-ordinated Support Plan)(Scotland) Regulations 2005 and shall come into force on XXX.

Interpretation

2. In these Regulations-

"the Act" means the Education (Additional Support for Learning)(Scotland) Act 2004; and

"the 1980 Act" means the Education (Scotland) Act 1980( ²).

The co-ordinated support plan

3. A co-ordinated support plan must-
(a) be in the form set out in the Schedule to these regulations;
(b) contain the information therein specified; and
(c) be dated and signed by a duly authorised officer of the education authority.

Time limit in the preparation of the co-ordinated support plan

4. Subject to regulation 7, where under section 11(2)(a) of the Act an education authority inform the persons mentioned in subsections (3)(a) and (b) of that section of their proposal to establish whether the child or young person requires or would require a co-ordinated support plan they must within 12 weeks of the date of providing such information give a copy of the completed co-ordinated support plan to the persons mentioned in subsection (5)(a) of that section.

Time limit in the review of the co-ordinated support plan

5. Subject to regulation 7, an education authority must within 12 weeks of the applicable expiry date provided for in section 10(2) of the Act give a copy of the amended plan to the persons mentioned in subsection (5)(a) of that section.

Date of providing information or copy of amended plan

6. For the purposes of regulation 4 or 5, the date on which an education authority-

(a) provide information as to their proposal to establish whether a child or young person requires or would require a co-ordinated support plan;
(b) give a copy of the amended plan
is the date on which the information or copy of the amended plan is sent by the education authority.

Time Limit Exception

7.- (1) Subject to paragraph (2) an education authority need not comply with the time limit referred to in regulation 4 or 5 if it is impractical to do so because-

(a) the education authority have sought advice and information from a school where the child or young person is or has been in attendance, during a period beginning 1 week before any date on which that school was closed for a continuous period of not less than 4 weeks from that date and ending on the date on which it re-opens;

(b) the child's parent or the young person has indicated to the education authority that the parent or young person wishes to provide advice or information to the education authority after the expiry of the time limit and the education authority have agreed to consider such advice before establishing whether a plan is or would be required or is still required;

(c) the child's parent or the young person has made an assessment request and the process of assessment or examination in pursuance of that request cannot take place or the results of that process are not available before the expiry of the time limit;

(d) the education authority have sought advice and information from an appropriate agency or other person under section 12(2)(a) of the Act and the appropriate agency or other person have not provided the advice or information before the expiry of the time limit;

(e) the education authority have requested help from an appropriate agency under section 23(1) of the Act and the appropriate agency has not responded before the expiry of the time limit;

(f) exceptional personal circumstances affect the child or the child's parent or the young person during the 12 week period;

(g) the child or the child's parent or the young person is absent from the area of the education authority for a continuous period of not less than 4 weeks during the 12 week period;

(h) the child or the young person fails to keep an appointment for an examination or test during the 12 week period; or

(i) in exceptional cases after receiving advice and information or views under section 12 or 23 of the Act from an appropriate agency or other person or the child or the child's parent or the young person it is necessary for the education authority to seek further advice and information or views and that further advice and information or views cannot be obtained before the expiry of the time limit.

(2) Where paragraph (1) applies an education authority must on becoming aware that the time limit in regulation 4 or 5 cannot be complied with-

(a) establish a date by which a copy of the completed plan or amended plan, as the case may be, must be given to the persons mentioned in section 11(5)(a) of the Act; and

(b) inform those persons of the reason why the time limit in regulation 4 or 5 cannot be complied with together with the date established in sub-paragraph (a).

(3) The date established in paragraph (2)(a) must be not exceed the time limit referred to in regulation 4 or 5 by longer than is reasonably necessary in the circumstances.

Keeping the co-ordinated support plan

8.-(1) Subject to the provisions of these regulations a co-ordinated support plan must be held in the custody of the education authority which has prepared it, at such place as they consider appropriate and must be available for inspection there by the persons mentioned in paragraph (2) on request during normal hours of business of that place.

(2) The persons referred to in paragraph (1) are-

(a) in the case of a child to whom the plan relates, the child's parent; and

(b) in the case of a young person to whom the plan relates-

(i) the young person, or

(ii) if the education authority are satisfied that the young person lacks capacity to understand the plan, the young person's parent.

(3) A copy of the co-ordinated support plan must be available at the school at which, for the time being, provision is being made for the additional support needs of the child or young person to whom the plan relates, and must for the purposes of the provisions of regulation 10(3) of the Schools General (Scotland) Regulations 1975( ³) be deemed to be part of the pupil's progress record kept for that child or young person, and for the purpose of construing that regulation in relation to such copy any reference therein to a pupil's progress record must include a reference to that copy.

(4) In this regulation any reference to a co-ordinated support plan includes a reference to an amended plan.

Transfer of the co-ordinated support plan

9.- (1) This regulation applies where a child or young person to whom a co-ordinated support plan relates moves from the area of the education authority which prepared the plan ("the old authority") into that of another authority to whom the child or young person then belongs in accordance with section 23(3) of the 1980 Act ("the new authority").

(2) The old authority must-

(a) where they have been notified of a date of departure transfer the plan to the new authority no later than 4 weeks after the date of departure; or

(b) where they become aware that the child or young person has already moved transfer the plan to the new authority no later than 4 weeks from the date they become so aware.

(3) From the date of transfer the co-ordinated support plan must be treated for the purposes of the new authority's duties and functions under the Act and these regulations as if it had been prepared by the new authority on the date on which it was prepared by the old authority.

(4) The new authority must inform the persons mentioned in paragraph (5)-

(a) that the plan has been transferred; and

(b) their responsibility under the Act and these regulations for the plan.

(5) The persons referred to in paragraph (4) are-

(a) in the case of a child to whom the plan relates, the child's parent; and

(b) in the case of a young person to whom the plan relates-

(i) the young person, or

(ii) if the education authority are satisfied that the young person lacks the capacity to understand the information, the young person's parent.

(6) For the purposes of this regulation the date of transfer is the date on which the new authority received the plan.

(7) In this regulation any reference to a co-ordinated support plan includes a reference to an amended plan.

Disclosure of the co-ordinated support plan

10.-(1) Without prejudice to section 11(5)(e) of the Act a co-ordinated support plan or extracts from it must not be disclosed without the consent of the persons mentioned in paragraph (2) except-

(a) to persons to whom in the opinion of the education authority it is necessary to disclose the plan or extracts from it in the interests of the child or the young person to whom the plan relates;

(b) for the purposes of any reference or appeal under the Act;

(c) to the person who by virtue of section 11(6) of the Act is to discharge the education authority's duty under subsection (5)(d) of that section;

(d) to Her Majesty's Chief Inspector of Schools, one of Her Majesty's Inspectors of Schools or any person appointed by the Scottish Ministers for the purposes of section 66 of the 1980 Act who wishes to inspect or take copies of a plan in pursuance of an inspection of a school under section 66 of the 1980 Act;

(e) to Her Majesty's Chief Inspector of Schools, one of Her Majesty's Inspectors of Schools or any person appointed by the Scottish Ministers for the purposes of section 9 of the Standards in Scotland's Schools etc. (Scotland) Act 2000( ⁴) who wishes to inspect or take copies of a plan in pursuance of an inspection of an education authority under section 9 of that Act;

(f) to the Scottish Ministers when they request such disclosure for the purposes of deciding whether to make an order under section 70 of the 1980 Act;

(g) to the Scottish Ministers when they request such disclosure for the purposes of deciding whether to give a direction under section 23(4) of the Act;

(h) for the purposes of educational research which, in the opinion of the education authority, may advance the education of children and young persons with additional support needs, or for statistical purposes, if, but only if, the person engaged in that research or statistics undertakes not to publish anything contained in , or derived from, a plan otherwise than in a form which does not identify any individual concerned including, in particular, the child or young person concerned or the parent of the child or young person;

(i) on the order of any court or for the purposes of any civil or criminal proceedings;

(j) to the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994( ⁵), or any officer of the Scottish Children's Reporter Administration to whom there is delegated any of the Principal Reporter's functions under section 131(1) of that Act for the purposes of performing functions under any enactment with respect to a matter concerning a child or young person for whom a plan has been prepared.

(2) The persons referred to in paragraph (1) are-

(a) in the case of a child to whom the plan relates, the child's parent; and

(b) in the case of a young person to whom the plan relates-

(i) the young person, or

(ii) if the education authority are satisfied that the young person lacks capacity to give consent, the young person's parent.

(3) In this regulation any reference to a co-ordinated support plan includes a reference to an amended plan.

Discontinuance, preservation and destruction of the co-ordinated support plan

11.-(1) This regulation shall apply where an education authority discontinue a co-ordinated support plan in pursuance of-

(a) an exercise of their function to review a plan under section 10 of the Act;

(b) their ceasing to be responsible for the school education of the child or young person to whom the plan relates;

(c) a decision of an Additional Support Needs Tribunal under section 19(2)(b) of the Act overturning the decision of an education authority that a plan is required or following a review continues to be required.

(2) Where a plan falls to be discontinued as mentioned in paragraph (1)(a) and the education authority have informed those persons in section 11(3) of the Act of their decision to discontinue the plan, the authority must not discontinue the plan before the expiry of the prescribed period during which the persons mentioned in section 18(2) of the Act can refer the decision to a Tribunal ( ⁶).

(3) Where a co-ordinated support plan falls to be discontinued as mentioned in paragraph (1)(a) or (b), the education authority must-

(a) preserve the plan for a period of 5 years from the date of discontinuance of the plan;

(b) on the expiry of that period destroy the plan;

(c) if the whereabouts of the persons mentioned in paragraph (8) below are known to the education authority intimate to them that the plan has been destroyed.

(4) Where a co-ordinated support plan falls to be discontinued as mentioned in paragraph (1)(c), the education authority must in writing-

(a) intimate to the persons mentioned in paragraph (8) the date of discontinuance; and

(b) require such persons to indicate in writing within 21 days of the date of intimation either-

(i) that they wish the plan to be preserved by the education authority for a period of 5 years immediately following the date of discontinuance; or

(ii) that they do not wish the plan to be so preserved.

(5) Where the persons mentioned in paragraph (8) so indicate that they wish the plan to be preserved as mentioned in paragraph (3)(b)(i), the education authority must preserve the plan accordingly.

(6) Where the persons mentioned in paragraph (8) so indicate that they do not wish the plan to be preserved as mentioned in paragraph (3)(b)(ii), or otherwise fail so to indicate their wishes the education authority must-

(a) on the expiry of the period of 21 days referred to in paragraph (3)(b) destroy the plan; and

(b) intimate in writing to such persons that the plan has been destroyed.

(7) Regulation 10 applies to a co-ordinated support plan during any period in which a plan is preserved.

(8) The persons referred to in paragraphs (3), (4), (5) and (6) are-

(a) in the case of a child to whom the plan relates, the child's parent; and

(b) in the case of a young person to whom the plan relates-

(i) the young person, or
(ii) if the education authority are satisfied that the young person lacks capacity to understand the information provided or to make a decision for the purposes of preservation, the young person's parent.

PETER PEACOCK
A member of the Scottish Executive

St Andrew's House
Edinburgh
XXX

DRAFT

Regulation 3

SCHEDULE

CONFIDENTIAL

Set out name of authority

[AMENDED] CO-ORDINATED SUPPORT PLAN
(specify whether the Plan is the Plan first made by the authority or subsequently amended)

Parental Detail

LEARNING PLAN

In accordance with section 11 of the Additional Support for Learning (Scotland) Act 2004 ("the Act") and the Education (Co-ordinated Support Plan)(Scotland) Regulations 2005 ("the Regulations"), this Co-ordinated Support Plan is made/amended (delete as applicable) by [insert name of education authority] on [insert date] in respect of [insert name of child or young person].

Name: Work Position/Title:

Signed (authorised officer of the authority)

Footnotes

( ¹) 2004 asp 4.
( ²) 1980 c. 44.
( ³) S.I. 1975/1135
( ⁴) 2000 asp 6.
( ⁵) 1994 c.39
( ⁶)"prescribed" means by Scottish Ministers in the Additional Support Needs Tribunals (Practice and Procedure)(Scotland) Rules 2005 SSI X/2005.