The Education (Additional Support for Learning) (Scotland) Act 2004 (“the Act”) has been amended by the Education (Scotland) Act 2016. This extension provides that eligible children will have largely the same rights as young people and parents under the Additional Support for Learning legislation, except in relation to placing requests and the use of mediation services. It is intended that these amendments to the Act will commence in January 2018.
The purpose of this guidance is to provide education authorities and schools with non-statutory guidance on the assessment of capacity and adverse impact on wellbeing, which is a requirement introduced as part of the extension of children’s rights.
This guidance complements that which is provided in the statutory guidance on the Additional Support for Learning (Scotland) Act 2004, the Supporting Children’s Learning Code of Practice, which was updated in 2017 to take into account the extension of children’s rights.