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 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:
Consultation on amendments to the Education (Additional Support for Learning) (Scotland) Act 2004
A consultation on amendments to the Education (Additional Support for Learning) (Scotland) Act 2004 was launched on Friday 9 May 2008. Although there is no intention to change the thrust or ethos of the 2004 Act, the proposed amendments will aim to strengthen the rights of children with additional support needs and their parents, and will include consideration of:
- the rights of young people and parents of children with additional support needs to make out of area placing requests;
- parental and young people's access to mediation and dispute resolution from the host authority following a successful out of area placing request, and
- increased parental and young people's rights in respect of access to an Additional Support Needs Tribunals for Scotland (ASNTS) regarding failures by the education authority.
The Scottish Government has sent the consultation document to stakeholders for their comments. Additionally, Children in Scotland, supported by the Scottish Government, will host a series of eight consultation events throughout Scotland during the week commencing June 2, 2008. For further information about the events, please contact Claire Hunter an Children in Scotland on 0131 222 2404, or email: aslevents@childreninscotland.org.uk.
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