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The Education (Additional Support for Learning) (Scotland) Acts 2004 & 2009: Consultation on Changes to the Secondary Legislation and Supporting Children's Learning Code of Practice

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Consultation Paper No 4

EDUCATION (ADDITIONAL SUPPORT FOR LEARNING) (SCOTLAND) ACT 2009

The Additional Support for Learning (Sources of Information) (Scotland) Order 2010

CONSULTATION PAPER NO 4.

1. INTRODUCTION AND OVERVIEW

The Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act) places duties on education authorities to make adequate and efficient provision for the additional support needs of every child and young person for whose school education they are responsible and who requires additional support for learning. Education authorities must identify, support and review the needs of all children with additional support needs.

The 2004 Act also places a duty on education authorities to publish and keep up-to-date certain information and enables Ministers, by regulation, to add further matters to the requirements relating to publishing information.

2. LEGISLATIVE FRAMEWORK

Section 26(1) of the 2004 Act places duties on education authorities to publish and keep up-to-date certain information. Subsection (2) lists the information that should be published. Subsection (3) enables the Scottish Ministers, by regulations, to add further matters to the requirements relating to publishing information.

The Additional Support for Learning (Publication of Information) (Scotland) Regulations 2005 (the Regulations) amend section 26(2) of the Act by extending the list of information that education authorities are required to publish. The Regulations also provide, at Regulation 3, for the timescale within which that information is to be published. Regulation 4 sets out the details of the form and manner in which information is to be published.

The Education (Additional Support for Learning) (Scotland) Act 2009 (the 2009 Act) amends section 26(2) of the 2004 Act to enable Scottish Ministers to issue an order which specifies certain persons from which parents and young people can obtain advice, further information and support in relation to the provision for additional support needs, including support and advocacy as referred to in section 14 of the 2004 Act and places local authorities under a duty to publish information as to those persons.

3. BACKGROUND

The 2004 Act

Section 26 of the 2004 Act requires education authorities to publish information about a range of specified matters relating to additional support needs. They must also keep that information under review and revise and republish that information as necessary or appropriate. Those specified matters include information about each authority's:

1. policy in relation to provision for additional support needs.

2. arrangements for identifying children and young people with additional support needs and those who may require a co-ordinated support plan.

3. the role of parents, children and young people in any of the arrangements.

4. arrangements for monitoring and reviewing the adequacy of additional support for children and young people with additional support needs.

5. arrangements for independent mediation services, including details of the service and how to access it.

6. officer(s) from whom parents of children having additional support needs, or young people who have these needs, can obtain further information and advice.

The Additional Support for Learning (Publication of Information) (Scotland) Regulations 2005 (the Regulations) amended section 26 of the 2004 Act to provide that education authorities must also publish information about any NHS Board in their area, or part of the area, and such other recognised agencies or organisations that can provide further support, information and advice to parents and young people that they consider appropriate. This could be contact details for the speech and language therapy service, for Social Work Services or for local and national voluntary organisations, including support and advocacy services under section 14 of the Act.

The 2009 Act

The 2009 Act extends the list of matters on which authorities are required to publish information to include any dispute resolution procedures established by the authority in accordance with section 16 of the 2004 Act.

The 2009 Act also enables the Scottish Ministers to make an order specifying certain persons from whom parents and young people can obtain advice, further information and support in relation to the provision for additional support needs, including support and advocacy as referred to in section 14 of the 2004 Act and places education authorities under a duty to publish information as to those persons.

4. CONTENT OF ORDER TO BE ISSUED BY SCOTTISH MINISTERS

The order specifying the persons from whom parents and young people can obtain further advice will be entitled The Additional Support for Learning (Sources of Information) (Scotland) Order 2010 (the order). It is proposed that the relevant contact details of the following organisations will be included in the order:

  • Enquire - the Scottish advice service for additional support for learning.
  • The Scottish Independent Advocacy Alliance
  • The advocacy service secured by the Scottish Ministers in terms of section 14A of the 2004 Act, as amended by the 2009 Act.

Authorities will be under a duty to publish information as to these persons.

Q1. Do you agree that the listed organisations should be included in the order?

Q2. If you do not agree, why not?

Q3. Are there other organisations you would like to see included in the order?

Q4. If so, please provide the details of these organisations.