Additional support for learning
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 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:
- the concept of additional support needs
- new duties on local authorities and other agencies
- rights for parents
- resolving differences for families and authorities, mediation, dispute resolution and the Additional Support Needs Tribunal
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 with the most extensive needs. The plan aims to co-ordinate provision between the local authority and other agencies. Children's views will be noted in the plan.
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 has been 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. At the time the Act was commenced, the Scottish Executive 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 received Royal Assent on June 25, 2009.
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 1 July 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).
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. The Scottish Government is considering the findings of both reports carefully before deciding on the most appropriate action to take.
Since 1999, Children in Scotland has been funded by the Executive to provide Enquire, the national advice service for additional support for learning in Scotland. An evaluation of the service has been carried out, along with a profile of future options in light of the new Act. The following reports detail the findings:
Evaluation report 1
Evaluation report 2
Report on future options