EDUCATION (ADDITIONAL SUPPORT FOR LEARNING) (SCOTLAND) ACT 2004
DRAFT EDUCATION (CHANGES IN SCHOOL EDUCATION) (SCOTLAND) REGULATIONS 2005
Consultation paper
Additional Support Needs 05

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1. This paper provides a short explanation of the purpose of the draft regulations in the Additional Support for Learning (Changes in School Education) (Scotland) Regulations prepared under the Education (Additional Support for Learning) (Scotland) Act and asks for your views on some specific issues. The Scottish Executive is, however, happy to receive views and suggestions relating to any aspect of the draft regulations. You may find it helpful to read these regulations in conjunction with Section 3 of the draft Code of Practice.
2. To help you to respond to the consultation, a response booklet has been produced as part of the consultation pack. The questions which are included in this paper are also included on page 13 of the response booklet.

Background

3. Sections 13(6) and (7) of the Act make provision for regulations to require certain action to be taken by education authorities when a child or young person, with additional support needs and for whose education they are responsible, is or is likely to have a specified change in his or her school education.

Changes in school education

4. The regulations define what a change in school education means. This could be where a child starts pre-school education or where an education authority transfer a child or young person to another school under their management, for example. The regulations try to accommodate the many varying and changing circumstances that may arise, including exclusions and school closures for example.

Seeking and taking account of information and views

5. An education authority must have requested relevant information and advice from an appropriate agency or agencies as the authority think fit no later than 12 months before a child or young person is expected to have a change in school education. Where they make the request for advice then they must also seek the views of the child, parent and young person. The regulations state that the purpose of seeking and taking account of information and advice is to make appropriate arrangements. This is to ensure appropriate planning and preparation takes place to make the change in school education as smooth as possible. The advice and information sought from an appropriate agency or agencies may be to help the education authority establish additional support needs and to decide what provision is required or to consider the adequacy of additional support being provided.

Provision of information

6. Six months before an expected change an education authority must consider what appropriate agency, if any, would require the information prescribed in the regulations in order to enable that appropriate agency to make arrangements for the additional support of the child following the change. And, where the authority consider that there is/are appropriate agencies, they must provide the information. But the information is only to be provided with consent and, where this is given, and the decision is made to supply the information then the child’s parent or the young person must be given a copy. The prescribed information includes information about the child’s or young person’s additional support needs, the additional support provided and the date they are expected to have a change in school education.

Scottish Executive Education Department
Additional Support Needs Division
November 2004

SCOTTISH STATUTORY INSTRUMENTS
2005 No.
EDUCATION

The Additional Support for Learning (Changes in School Education)(Scotland) Regulations 2005

The Scottish Ministers, in exercise of the powers conferred by sections 13(6) and (7) of the Education (Additional Support for Learning) (Scotland) Act 2004(¹), and of all other powers enabling them in that behalf, herby make the following Regulations:

Citation, commencement and interpretation

1.-(1) These Regulations may be cited as the Additional Support for Learning (Changes in School Education)(Scotland) Regulations 2005 and shall come into force on [ ] 2005.

(2). In these Regulations, "the Act" means the Education (Additional Support for Learning) (Scotland) Act 2004.

Application

2. These Regulations apply where —

(a) an education authority are responsible for the school education of a child or young person, and

(b) that child or young person has additional support needs.

Changes in school education

3. In these Regulations, a change in school education means a change-

(a) where a child under school age begins to receive school education provided in a school under the management of the education authority or in pursuance of arrangements entered into by the authority under section 35 of the Standards in Scotland’s Schools etc Act 2000 (²);

(b) where a child begins to receive primary education;

(c) where a child begins to receive secondary education;

(d) where a child or young person is transferred by the education authority to another school under their management otherwise than as a consequence of one of the above changes;

(e) where the education authority cease to be responsible for the school education of the child or young person other than in the circumstances provided for in sections 12(5) and 13(1) of the Act;

(f) where the arrangements under which the child or young person receives school education change for any reason other than the above.

Seeking and taking account of information and advice

4. (1) Every education authority must-

(a) no later than twelve calendar months before a child or young person is expected to have a change in school education; or

(b) where the education authority only become aware that there is to be such a change in school education less than twelve calendar months before that date, as soon as reasonably practicable after they become so aware, comply with the duties in paragraph (2).

(2) That duty is a duty to-

(a) request relevant advice and information from such appropriate agency or agencies and other persons as the authority think fit (if any);

(b) where the authority make a request under paragraph (a) seek the views of-

(i) in the case of a child, that child (unless the authority are satisfied that the child lacks capacity to express a view) and the child’s parent; or

(ii) in the case of a young person, that young person or, if the authority are satisfied that the young person lacks capacity to express a view, the young person’s parent; and

(c) take account of-

(i) any relevant advice and information provided by any appropriate agency or other person pursuant to a request under paragraph (a);.

(ii) any views expressed by the child or young person or the child’s or young person’s parent pursuant to paragraph (b), in [making appropriate arrangements for each such child or young person before the change in school education takes place].

(3) Advice and information is relevant for the purposes of paragraph (2) if it is likely to assist the education authority in-

(a) establishing the additional support needs of the child or young person;

(b) determining what provision to make for such additional support as is required by the child or young person; or

(c) considering the adequacy of the additional support provided for the child or young person.

(4) This regulation is without prejudice to section 4(1)(b) of the Act.

Provision of information

5. (1) Every education authority must-

(a) no later than six calendar months before a child or young person is expected to have a change in school education;

(b) or where the education authority only become aware that there is to be such a change in school education less than six calendar months before that date, as soon as reasonably practicable after they become so aware, consider what appropriate agency or agencies (if any) may require the information referred to in paragraph (2) to enable that appropriate agency or agencies to make arrangements for the provision of additional support for that child or young person following that change in school education and provide such appropriate agency or agencies with such information.

(2) The information referred to in paragraph (1) is-

(a) the date on which the child or young person is expected to have a change in school education;

(b) information on the additional support needs of the child or young person; and

(c) information on the additional support provided to the child or young person during the six months immediately prior to the authority providing the information to the appropriate agency.

(3) Where an authority provide such information to an appropriate agency, the authority shall at the same time, send copies to —

(a) in the case of a child, the child’s parent; or

(b) in the case of a young person, the young person, or if the authority are satisfied that the young person lacks the capacity to understand the information provided, the young person’s parent.

(4) Information is to be provided under paragraph (1) only with the consent of-

(a) in the case of the child, the child’s parent; or

(b) in the case of a young person, the young person, or if the authority are satisfied that the young person lacks capacity to give consent, the young person’s parent.

A member of the Scottish Executive

St Andrew’s House
Edinburgh
[           ] 2005

(1) 2004 asp 4
(²) 2000 asp 6