Additional Support for Learning Act 2004
The Education (Additional Support for learning) (Scotland) Act 2004 has introduced a new framework for providing for children and young people who require additional help with their learning. It also promotes collaborative working among all those agencies supporting children and young people.
Some of the reasons why children might need additional support are:
- Have motor, sensory or medical impairments
- Are being bullied
- Are particularly able or talented
- Have an autistic spectrum disorder
- Are looked after by the local authority
- Have a learning difficulty
- Are living with parents who are abusing substances
- Are living with parents who have mental health problems
- Have English as an additional language
- Are not attending school regularly
- Have emotional or social difficulties
- Are on the child protection register
- Are young carers
This list is not exhaustive, nor should it be assumed that inclusion in the list automatically implies that additional support will be necessary.
The act confers a number of duties on education authorities, such as to:
- Make adequate provision for each child with additional support needs
- Make arrangements to identify additional support needs
- Publish information about their policies and provision
- Provide a co-ordinated support plan for those children with profound or complex needs who need it
- Provide an independent free mediation service
- Have arrangements in place for resolving disputes
- Make provision and plan for when the young person leaves school
The rights of parents and the need for the education service to consult with parents are enshrined in the act. Parents and carers have the right to:
- Request that their child’s additional support needs are assessed and a co-ordinated support plan established if appropriate
- Request the use of mediation services and dispute resolution
- Make a placing request to a specific educational establishment
- Be asked for their views and have them taken into account when planning for their child
- Receive a copy of their child’s plan
- Have a supporter with them or someone to present their case at any meeting with the education authority
The Code of Practice which accompanies the Act gives advice to professionals on such matters as:
- definitions of the term ‘additional support needs’
- activities to meet those needs
- circumstances in which to prepare a co-ordinated support plan
- co-ordination of activities and partner agencies to aid preparation of a plan
- transitions
- working with children and their families
- resolving disagreements
- placing requests, references and appeals