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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 or universities 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 and universities; directors of education departments; directors and managers of social work services (including those in Children & Families Services and those in Adult Services); those involved with the provision of health care services; and, those involved in the front line delivery of services.
1.1.2 Students, potential students, parents, carers, schools, non departmental bodies such as Skills Development Scotland staff, key workers and voluntary organisations may also find the guidance helpful in understanding roles and responsibilities of colleges and universities, 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, or intending to study, at college or university. Institutions, local authorities and NHS Boards have statutory responsibilities while other organisations such as the voluntary sector provide support on a non-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 barriers 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 and higher education providers alone. For example, the college or university will need to liaise with local authorities and NHS Boards about support involving the provision of personal or health care, intensive personal care 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 or university may be unable to offer learning opportunities that meet the individual needs of the student. The institutions have responsibilities and legal duties to students including
- the Disability Discrimination Act 1995 & 2005;
- race relations legislation;
- sex discrimination legislation;
- 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.
1.2.5 Bearing in mind these responsibilities and the legal duties which colleges and universities are obliged to comply with, the institution 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, university, local authority, NHS Board and voluntary organisations can work together to deliver a support package that matches the needs of the student. When the institution 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.
1.2.6 The following sections set out the roles and responsibilities of each agency involved in provision for students with additional support needs. They explain the legal obligations of colleges, universities, 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.
1.2.7 The guidance contains a number of examples of how agencies have worked well together to provide the best support possible for individuals. We hope that colleges, universities, 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, universities, 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 In 2007 a refreshed version of Partnership Matters was reissued as an electronic document and contained an update on key legislative changes and provided further examples of good practice.
1.3.4 Having undertaken an inquiry into disability in Scotland, the Scottish Parliament's Equal Opportunities Committee published a report, in November 2006, entitled 'Removing Barriers and Creating Opportunities'. One of the recommendations contained in the report was for the Scottish Government "to explore how it could extend Partnership Matters to apply to universities" 1.
1.3.5 While the essentials within the original and the refreshed Partnership Matters remain the same, this revised version of the document provides details on how the guidance can apply to universities and provides examples of flexible partnership working arrangements.
1.3.6 The Government's approach on access to lifelong learning is focussed on removing barriers:
- barriers associated with background;
- barriers associated with circumstances; and
- barriers associated with geography.
1.3.7 The Government remains committed to widening the mainstream within lifelong learning. Many students who wish to participate in further and higher education in Scotland have additional support needs which require cross agency support. Unless appropriate arrangements between schools, colleges, universities, social work authorities, NHS Boards and other agencies are in place, students may be faced with unnecessary barriers to participation. Inclusive learning and teaching practices in the school sector, the increased awareness of disability issues and the recognition that providing additional support for learners can have positive benefits both for the student and society mean that there is a high demand for further and higher education by people with additional support needs.
1.3.8 Our widening access policy is not just about breaking down barriers to participation faced by all groups to help ensure that further and higher education is accessible. It is also about widening the mainstream. This means that when planning provision or support arrangements, partners will need to think about the needs of all people who might undertake a further or higher education course.
1.3.9 To support this policy, the Scottish Government, the Scottish Funding Council ( SFC), Student Awards Agency for Scotland ( SAAS), have put in place a range of measures, depending on the level of the 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 and universities with the means to support those students with additional needs.
1.3.10 The recommendations of the Beattie Committee report Implementing Inclusiveness: Realising Potential (1999) and the subsequent recommendations in More Choices, More Chances: A Strategy to Reduce the Proportion of Young People Not in Education, Employment or training (2006) endorse the principle that learning opportunities should take account of the needs of the individual.
1.3.11 Stimulating young people to remain in education, employment or training post-school is the best way of ensuring their long-term employability and contribution to society. This activity is vital, given (a) the commitment in the Government's skills strategy, Skills for Scotland, to keep young people in learning post-16; and (b) in the context of the new national indicator for positive and sustained progressions. Partnership between national and local government, colleges, universities, the voluntary and private sectors, is essential to achieve this.
1.3.12 The main aim for disaffected or disengaged learners is to promote re-integration to learning, therefore it is important to put in place the appropriate 'bridging' or 'staging' support to facilitate re-engagement. Young people at risk of disengaging from the system may need different learning pathways and packages of support. Learning providers will need 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 placement, a range of other services such as Skills Development 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.
1.3.13 Looked after young people and care leavers may require particular supports from local authorities as Corporate Parents. This means the formal and local partnerships needed between all local authority departments and services, and associated services, who are responsible for working together to meet the needs of looked after children, young people and care leavers. Guidance for Community Planning Partnerships on this can be viewed at http://www.scotland.gov.uk/Publications/2008/08/29115839/0
1.3.14 Local authorities also have specific responsibilities towards looked after young people and care leavers, in particular Pathway assessment and planning, which can extend to age 21 years and beyond if a care leaver is in a course of study. Further information on this can be found on the Looked After Children website http://www.ltscoland.org.uk/lookedafterchildren/index.asp and in the publication Supporting Young People Leaving Care in Scotland Regulations and Guidance.http://www.scotland.gov.uk/Publications/2004/03/19113/34719
1.3.15 In addition a recent publication, Core Tasks for Designated Managers in Educational and Residential Establishments in Scotland provides guidance on the responsibilities associated with the designated manager for looked after children, young people and care leavers in a range of contexts relating to education. http://www.scotland.gov.uk/Publications/2008/09/09143710/0
1.3.16 The Disability Discrimination Act 1995 makes it the responsibility of colleges and universities 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 1.2.4, 2.1.9 - 2.1.17. In 2005, the Disability Discrimination Act was extended to outlaw discrimination in all public functions and in addition a statutory duty was placed on all public bodies to proactively promote equality of opportunity for disabled people.
A report on Progress towards Equality of Opportunity between Disabled Persons and Other Persons made by Public Authorities in Scotland: the Scottish Ministers' Duties can be viewed at: http://www.scotland.gov.uk/Resource/Doc/251619/0073695.pdf
1.3.17 The Race Relations Act 1976 outlawed race discrimination in employment, education, training, and access to goods and services. 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 duty on public bodies, including colleges and universities, 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 sections 2.1.18 to 2.1.21.
1.3.18 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. The Equality Act also extended the SDA to cover all functions of public authorities.
1.3.19'The Same as You?' (available at http://www.scotland.gov.uk/ldsr/docs/tsay-00.asp) is a review of services for people with learning disabilities and 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.
1.3.20 In 2006 £16 million annual funding was available with an additional £4.8 million and £5 million in 2007 to implement the key recommendations within The Same as You? document. Key achievements to date include the 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 Scottish consortium for Learning Disabilities led by Enable.
1.3.21 Supporting people with mental health problems to access further education is also a key part of committing to moving towards a mentally flourishing Scotland. The benefits of achieving through learning and of the social engagement that learning brings help many to challenge and overcome negative self perceptions. Learning can have a radical and lasting impact on the mental and physical health of individuals and society as a whole. 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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