The Scottish Government

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1. INTRODUCTION

1.1 WHO THIS GUIDANCE IS FOR

1.1.1 This guidance is intended for those involved in the decision making process in relation to how students with additional needs, whether they are young people or adults, are supported in Scotland's colleges and those responsible for day to day management of that support. It will be of particular interest to senior managers and learning support co-ordinators in colleges, directors of education, directors and managers of social work services (including those in Education & Children Services and those in Adult Services), those involved with the provision of health care services and those involved in the front delivery of services.

1.1.2 Students, potential students, schools, Careers Scotland staff, key workers and voluntary organisations may also find the guidance helpful in understanding roles and responsibilities of colleges and other agencies and practitioners in supporting students with additional support needs.

1.2 AIM OF THE GUIDANCE

1.2.1 Our aim is to provide greater clarity on the roles and responsibilities of all agencies that support students with additional support needs studying at college. Colleges, local authorities and NHS Boards have statutory responsibilities while other organisations, such as the voluntary sector, provide support outwith a statutory basis.

1.2.2 This guidance recognises that students experience barriers in accessing and participating in learning for many reasons, and may therefore require additional support. Such a barrier might arise from factors relating to social, cognitive, emotional, psychological, linguistic, disability (physical and mental), ethnicity or family and care circumstances. Additional support needs should be thought of as a continuum that ranges from needs that are relatively mild and temporary through to those that are complex and more enduring.

1.2.3 It is recognised that in some cases, the needs of students cannot be met by the further education provider alone. For example, the college will liaise with local authorities and NHS Boards about support involving the provision of personal or health care, intensive support, therapy, health care and assistance with medication etc. The learner must be at the centre of these discussions to ensure that their individual needs are taken into account.

1.2.4 Depending on the circumstances of each individual student, it is possible, in a small number of cases that a college may be unable to offer learning opportunities that meet the individual needs of the student. Colleges have responsibilities and legal duties to students including under the Disability Discrimination Act 1995 & 2005, race relations legislation, sex discrimination legislation as well as a requirement not to discriminate in the provision of goods, facilities and services and the exercise of public functions on grounds of religion and belief and sexual orientation, and under provisions of the Further and Higher Education (Scotland) Act 1992 and the Further and Higher Education (Scotland) Act 2005. Bearing in mind these responsibilities and the legal duties which colleges are obliged to comply with, the college will ultimately have to make a decision about whether or not it can reasonably meet the student's needs before offering a place. Consideration must always be given to how the college, local authority and NHS Board can work together to deliver a support package that matches the needs of the student. When the college cannot offer an appropriate place for a student, there should be a discussion with the individual about how their aspirations for learning can be supported and met through alternative provision.

1.2.5 The following sections set out the roles and responsibilities of each of the partners involved in provision for students with additional support needs. They explain the legal obligations of colleges, local authorities and health boards, the roles of non-statutory agencies and voluntary organisations as well as offering examples of partnership working to meet learners' needs.

1.2.6 The guidance contains a number of examples of how agencies have worked well together to provide the best support possible for individuals. It is hoped that colleges, local authorities, NHS boards and voluntary organisations can use these examples of best practice to ensure that support that meets the needs of individuals can be provided locally.

1.3 BACKGROUND AND POLICY CONTEXT

1.3.1 Colleges, NHS Boards and local authorities (education and social work departments) all have responsibilities in making provision for and supporting people with physical disabilities, mental health problems, learning difficulties or other additional needs. Circular FE 13/95, published by the then Scottish Office, provided guidance on the responsibilities of colleges, NHS Boards and local authorities in relation to supporting students.

1.3.2 The need for the first version of Partnership Matters, which was published in 2005, arose from the many changes in legislation and policy as well as practices and attitudes in the 9 years since FE 13/95 was issued. In addition, concerns were expressed by practitioners that the boundaries of responsibility between colleges, local authorities and NHS Boards were unclear. This led, in some cases, to confusion about who is responsible for personal and health care.

1.3.3 While the essentials within the original Partnership Matters remain the same this revised version of the document provides an update on key legislative changes and provides further examples of good practice.

1.3.4 The Executive is committed to widening access to further and higher education to anyone who can benefit irrespective of their particular circumstances. Many students who wish to participate in further education in Scotland have additional support needs which require cross agency support. Unless appropriate arrangements between schools, colleges, social work authorities, NHS Boards and other agencies are in place, students may be faced with unnecessary barriers to participation. The awareness of physical and mental disability issues and the recognition that providing additional support for learners can have positive benefits both for the student and society means that there is a high demand for further education by people with additional support needs.

1.3.5 Our widening access policy is breaking down barriers to participation faced by all groups to help ensure that further education is accessible. To support this policy, the Scottish Further and Higher Education Funding Council (SFC) has put in place a range of measures for non-advanced courses such as help with fees, funding for childcare and other funding to help support those with disabilities and those from the most disadvantaged areas. These measures are designed to help maximise participation and provide colleges with the means to support those students with additional needs.

1.3.6 Following the recommendations in 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.

1.3.7 The Executive is also committed to reducing the number of young people not in education, employment and training (the NEET group). This group and their needs vary widely but it includes young people who have become disaffected with - and disengaged from - the system for a variety of reasons. Whilst poor attendance and attainment are factors closely associated with NEET status post-school, research tells us that young people may face additional barriers if they:

• have caring responsibilities
• are looked after, or looked after and accommodated
• have offended or are at risk of offending
• have physical and/or learning disabilities
• have mental health problems or problems associated with drug misuse, homelessness etc.

1.3.8 The main policy objective for disaffected or disengaged learners is to promote re-integration to formal learning therefore it is important to put in place the right 'bridging' or 'staging' to facilitate re-engagement. Young people at risk may need different learning pathways - with packages of support if necessary. This may require learning providers to be more creative and flexible about what is delivered, how it is delivered and who else might have a contribution to make - particularly those agencies with whom a young person is already engaged. In order for a young person to maximise their college placement, a range of other services such as Careers Scotland (career guidance and key worker support), Social Work Services, youth or voluntary services (befriending, mentoring) may have a role to play in addressing other issues in a young person's life and so help that young person sustain and complete their course.

1.3.9 The Disability Discrimination Act 1995 and 2005 makes it the responsibility of colleges to ensure that students with disabilities are not discriminated against. The duties under the legislation are anticipatory and are therefore owed to disabled people and students at large, not simply to individuals. There are a number of different aspects to this, including the requirement to make reasonable adjustments. This is discussed further in sections 1.3.4, 2.1.8 - 2.1.15.

1.3.10 The Race Relations Act 1976 outlawed race discrimination in certain fields, including in employment, education and training. The Race Relations (Amendment) Act 2000 strengthened the legislation by, among other things, outlawing discrimination in all public functions. In addition, it placed a statutory general duty on public bodies, including colleges, to eliminate unlawful racial discrimination and to promote race equality and good race relations between persons of different racial groups. This is discussed further in section 2.1.16 and 2.1.18

1.3.11 The Sex Discrimination Act 1975 (SDA) prohibits sex discrimination against individuals in the areas of employment, education, and the provision of goods, facilities and services and in the disposal or management of premises. The SDA applies to women and men of any age, including children although there are some general exceptions to when sex discrimination is unlawful, including for example, when a charity is providing a benefit to one sex only, in accordance with its charitable instrument. The Equality Act 2006 amends the Sex Discrimination Act to place a statutory duty on all public authorities, when carrying out their functions, to have due regard to the need to eliminate unlawful discrimination and promote equality of opportunity between men and women.

1.3.12'The Same as You?' (available at http://www.scotland.gov.uk/Publications/2006/10/30103929/0 ), a review of services for people with learning disabilities, made a number of recommendations to include people with learning disabilities in community life, education, employment and leisure and recreation. It was recommended that people with learning disabilities attending college should be doing so as part of a personal life plan. This should mean that students attend colleges to achieve qualifications, they should be attending vocationally relevant courses, and next steps, including movement to job opportunities after college, should be considered.

1.3.13 In 2006 £16 million annual funding was available with an additional £4.8 million and £5 million in 2007 to implement the key recommendations. Key achievements to date include introduction of the Community Care and Health Act 2002 which made provision for direct payments (self-directed support) to those who want them and a new Scottish consortium for Learning Disabilities led by Enable.

1.3.14 Supporting people with mental health problems to access further education is also a key part of achieving social inclusion objectives and improving the quality of life of people with mental health problems. The Mental Health (Care and Treatment) (Scotland) Act 2003 lays a duty on Local Authorities to promote the well-being and social development of people with mental health problems.

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