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Learning with Care:
The education of children looked after away from home by Local Authorities

Chapter 2: Introduction

2. Introduction

2.1Children are looked after by local authorities when they are:

• provided with accommodation under section 25 of the Children (Scotland) Act 1995; or
• subject to a supervision requirement made by a Children’s Hearing under section 70 of the above Act; or
• subject to an Order, authorisation or warrant according to which they have responsibilities in respect of the child under chapters 2, 3 or 4 of Part II of the above Act; or
• living in Scotland but subject to an equivalent order made in England, Wales or Northern Ireland (section 33 of the above Act).

2.2 Looked after children⁵may be living in foster homes, with relatives, friends or in other community placements, in residential units or schools, or at home under supervision. This report focuses on the educational experiences of children looked after away from home as there is considerable evidence that these children are educationally disadvantaged in a number of ways.

Legislative background

2.3 The Children (Scotland) Act 1995 is seen by the Government as fulfilling its obligations to implement the UN Convention on the Rights of the Child and its obligations under the European Convention on Human Rights. It came into force in April 1997 and local authorities have prepared Children's Services Plans as from April 1998. The Act has far-reaching consequences for the planning, structure and quality of services offered to children and for the practices of professionals concerned. The Ethical Standards in Public Life etc (Scotland) Act 2000 states that it is the duty of a council, in the performance of those of its functions which relate principally to children, to have regard to the value of stable family life in a child's development.

2.4 Local authorities have a duty under section 17 of the Children (Scotland) Act 1995 to safeguard and promote the welfare of children who are looked after by the local authority. The Arrangements to Look After Children Regulations 1996, state that each child must have a care plan which addresses the educational needs of the child. In drawing up the care plan the local authority must have regard to the means of meeting any educational needs and the means of achieving continuity in the child’s education. Guidance to the 1995 Act states that:

"Children who are looked after should have the same opportunities as all other children for education, including further and higher education, and access to other opportunities for development. They should also, where necessary, receive additional help, encouragement or support to address special needs or compensate for previous deprivation or disadvantage."
(Ref: The Children (Scotland) Act 1995 Regulations and Guidance, Vol 2, para 61 The Scottish Office (1997))

2.5 The Education (Scotland) Act 1980 requires authorities to provide "adequate and efficient education for their area" and this must include provision for special educational needs. The Standards in Scotland’s Schools etc. Act 2000 states that it is the right of every child of school age to be provided with school education. Under section 2 of this Act, a duty is placed on local authorities to provide or secure for every child of school age, "education which is directed to the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential."

Statistical background

2.6 In March 1999⁶ there were 11,191 children looked after by local authorities in Scotland. Of these 53% were looked after away from their own homes. The number in foster care was 3,155; the number in residential care, including residential schools, was 1,784; and the number placed with friends, relatives or other community placements was 943. Numbers of children looked after have reduced considerably since March 1983 and March 1993, the respective totals being 15,529 and 12,371. More recently the rate of reduction has slowed and numbers of looked after children rose slightly in 1998-99.

2.7 The number of children where truancy was a primary reason for admission into care was 500 in 1993. This is unlikely to represent the total number for whom educational difficulties were either a primary or secondary reason for admission to care. More recent national data on the reasons why children become looked after are not available. Data on children who become looked after through the Children’s Hearing system are now collected by the Scottish Children's Reporter Administration.

2.8 The most recent data on exclusion rates for looked after children (Exclusions From Schools 1998/99 SEED, 2000) indicate that although they make up only 1% of the total school population looked after children account for 13% of all exclusions.

Research background

2.9 The Scottish Office Education and Industry Department, now the Scottish Executive, and the Social Work Services Group funded a review of the research, policy and practice in respect of the education and care of children looked after away from home. This review was published in 1998⁷and, with other research, informed the inspection task.

2.10 The 1998 review, which ranged widely over research in the UK, made the following important points.

• Most looked after children are below average in their educational attainment and many studies have shown that the majority leave care with no formal qualifications. Part of the reason for this can be attributed to aspects of the interaction between the care and education systems.
• Many looked after children have frequent changes in school and may find themselves in care environments where education is not greatly valued. There can also be a lack of clarity about roles and responsibilities among professionals who have responsibility for the children. These factors lessen the impact schools have on the educational progress of looked after children.
• Children themselves complained of being stigmatised because they were being looked after and reported that teachers often have low educational expectations of them.

2.11 However, there are signs that the educational challenges facing looked after children are becoming more fully recognised and that there is a growing awareness at national and local levels that action needs to be taken to improve their educational experience and attainment. Since the above review was published, the Scottish Executive has set a target that all looked after children should achieve, as a minimum, a Standard Grade in both English and mathematics.

The inspection task

2.12 This joint inspection was undertaken by HMI and SWSI in 1999-2000. Its aim was to evaluate the social work and educational services provided by local authorities to meet the educational needs of looked after children living away from home continuously, either in residential units which do not provide education on the premises, or in family placements.

2.13 The provision for children in residential schools, secure care, or in a series of short-term placements for the purposes of respite was not inspected. The task concentrated on:

• the role of the local authority as a corporate parent;
• the interface between schools and placements in the community; and
• children who had been looked after away from home for more than 6 months, as otherwise it would have been difficult to assess the impact of local authority care on their education.

2.14 The inspection targeted children at the later stages of primary school and at the Standard and Higher Grade stages of secondary school. These are crucial educational periods where stability of schooling is likely to be particularly important.

2.15 The following table outlines the inspection procedure. Appendix 1 provides information on the sampling.

Table 1: Summary of inspection procedures

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