Some children need extra support to help them learn. This might be because of reasons like temporary medical conditions, family circumstances, bullying, language and communication disorders or sensory impairment. These needs can be short or long-term.
The Education (Additional Support for Learning) (Scotland) Act 2004 (see futher below for amendments made by the 2009 Act) provides a framework for local authorities and other agencies to support all children. It came into force in November 2005 and its main provisions introduce:
- establishing the concept of additional support needs
- placing new duties on local authorities and other agencies
- setting out rights for parents
- establishing mechanisms for resolving differences for families and authorities, mediation, dispute resolution
- establishing the Additional Support Needs Tribunals Scotland
A summary handout of the provisions of the Act is available.
Local authority duties and responsibilities
Under the Act, local authorities must provide support for any child with additional support needs. They must also identify additional support needs, monitor the needs and support provided, and respond to requests for assessment from parents.
They must prepare a co-ordinated support plan for children where appropriate. The purpose of a co-ordinated support plan is to co-ordinate support being delivered by different providers.
When establishing additional support needs and developing a plan, local authorities must seek and listen to views, advice and information from other relevant agencies.
A code of practice (see below for the revised code) was published to help local authorities and other agencies implement the Act. Guidance was also made available in Circular 5/2005 and Circular 6/2006.
To support implementation of the Act, a series of 10 sharing information seminars were held across Scotland in October and November 2006. These seminars were attended by professionals from education, social services, health and the voluntary sector - all of whom have duties under the Act.
Delegates were asked to submit examples of the work they undertake and these have been collated into a live document. We invite professionals with duties under the Act to submit existing practice examples for this document by emailing ASLAct@scotland.gsi.gov.uk.
Information for parents is available in the Enquire guide for parents. A leaflet is also available for parents and carers, explaining the arrangements under the Act.
Resolving disagreements
Where there are disagreements about the support a child needs, there are three ways to resolve differences:
- Independent mediation - allows disputing parties to resolve differences with the help of an impartial third party
- Dispute resolution - an independent adjudicator considers the matter and recommends the best way forward. The Scottish Government has issued guidance to all education authorities on the process of dispute resolution.
- Additional Support Needs Tribunals for Scotland - consider specific issues on co-ordinated support plans, are held as close as possible to the child's home and are family-friendly (a series of guides to the tribunal are available).
Education (Additional Support for Learning) (Scotland) Act 2009
The Education (Additional Support for Learning) (Scotland) Act 2009 (the 2009 Act), which makes certain amendments to the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act), was passed by the Scottish Parliament on May 20, 2009 and came into force on November 14, 2010.
The amendments relate, among other things, to:
- the rights of parents to make out of area placing requests
- following a successful out of area placing request parental access to mediation and dispute resolution from the host authority
- increased parental rights in respect of access to the Additional Support Needs Tribunals for Scotland (ASNTS)
- the provision of a new ASNTS national advocacy service
In addition the 2009 Act:
- automatically deems that all looked after children and young people have additional support needs unless the education authority determine that they do not require additional support in order to benefit from school education
- education authorities must consider whether each looked after child or young person for whose school education they are responsible requires a co-ordinated support plan (CSP)
In considering the 2009 Act, the Education, Lifelong Learning and Culture Committee invited evidence from a range of stakeholders and heard oral evidence from Government officials, the President of the Additional Support Needs Tribunals for Scotland, Govan Law Centre, ISEA, local authorities and the Minister for Children and Early Years.
You can view all of the evidence received and the official reports on the various stages of the 2009 Act's Parliamentary journey on the Scottish Parliament website.
On July 1, 2009 a circular was sent to all local authority Chief Executives and Directors of Education which explains the main provisions of the 2009 Act and the effect that it has on the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act).
An extensive consultation on the changes to the secondary legislation and the supporting children's learning code of practice took place between October 5, 2009 and January 8, 2010. An Analysis Report reports on the consultation and sets out what impact the consultation findings have had on changes to secondary legislation and supporting children's learning code of practice.
The revised code of practice has been published to help local authorities and other agencies implement the provisions of the Act as amended. This code replaces the original code of practice and takes account of the 2009 Act. It explains the duties on education authorities and other agencies to support children's and young people's learning. It provides guidance on the Act's provisions as well as on the supporting framework of secondary legislation. The code uses the term "the Act" to include, where appropriate, the secondary legislative provisions and includes features of good practice on how these can be applied. It also sets out arrangements for avoiding and resolving differences between families and education authorities.
New National Advocacy Service Under the Education (Additional Support for Learning Act) (Scotland) 2009
Scottish Ministers have agreed to the establishment of a single national advocacy service to meet their new duty under Section 14 A of the Education (Additional Support for Learning Act ) (Scotland) 2009. The service will fulfil the Scottish Government's legal duty to provide advocacy support to parents and young people following a reference being made to the Additional Support Needs Tribunals for Scotland (ASNTS). The service must be available to parents and young people on request and free of charge. In addition, the service will also support parents and young people from the time they have grounds to make a referral to the ASNTS.
A grant has been provided to a partnership comprising Barnardo's and the Scottish Child Law Centre. The two organisations will work together to deliver lay and legal advocacy for parents and young people. The service will focus on non legal representation but where appropriate in complex cases, legal representation will be available. Whilst the Act refers to Tribunal proceedings, Ministers have agreed that the service should cover all cases where there are grounds for a referral to the ASNTS with a clear focus on informal resolution.
Monitoring and advice
Her Majesty's Inspectorate of Education (HMIE) carried out a specific task how well education authorities are implementing the Education (Additional Support for Learning) (Scotland) Act 2004.
An interim report of their findings was published in October 2006 and the final report was published in November 2007.
Since 1999, Children in Scotland has been funded by the Scottish Government to provide Enquire, the national advice service for additional support for learning in Scotland.
In May 2009, the Minister for Children and Early Years, gave a commitment to Parliament to establish a working group to report on how the Education (Additional Support for Learning) (Scotland) Act 2004 (the Act) is affecting children and young people who:
- are looked after
- are young carers
- have mental health disorders
- have sensory impairments
HM Inspectorate of Education (HMIE) was asked to lead the review. Their report Review of the Additional Support for Learning Act: Adding Benefits for Learners was published in November 2010. The Scottish Government is considering the findings of both reports carefully before deciding on the most appropriate action to take.