Additional Support for Learning action plan: final progress report

Key Strand 3: Refresh of the Code of Practice

Under Section 27 of the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act), the Code of Practice provides statutory guidance on the duties of education authorities, appropriate agencies, and others in supporting children’s and young people’s learning. It sets out the provisions of the 2004 Act and the secondary legislation that supports it. Refreshing the Statutory Code of Practice was one of the three identified priority areas for delivery by the ASL Project Board in the third Progress Report (November 2024), to better support those working with children and young people with additional support needs.

In addition to the action set out in the ASL Action Plan, the Cabinet Secretary for Education and Skills committed to addressing certain issues through this re-fresh process in her response to the Education, Children and Young People Committee (ECYP), in July 2024.

Plans and Approach

To ensure the revised Code of Practice is accurate, consistent and fit for purpose, it has been developed in partnership with key stakeholders through the Scottish Government’s Additional Support for Learning Code of Practice Working Group.

Progress to Date

The following improvements have been made to the draft revised Code of Practice:

Code of Practice Working Group -

• The updated draft of the Code looks purposively different to the current published version. There has been an increased focus on improving the document’s readability including an improved heading structure, logical flow, accessibility, clear and plain language without compromising legal accuracy, use of lists and formatting related elements.
• The refresh has considered feedback provided by stakeholders to improve clarity where necessary while ensuring not to inadvertently offer interpretation of the law.
• Getting it Right for Every Child (GIRFEC) colleagues have had the opportunity to review and comment on the draft Code, to ensure alignment with GIRFEC policy and practice guidance.
• The refresh has been updated to reflect changes and developments in other policy areas which directly link to and impact ASL policy.

Improvements made in response to the Education, Children and Young People Committee -

• Further clarity has been provided regarding how support should be provided to pupils with ASN whether they have a formal diagnosis or not.
• The refresh has put beyond doubt education authorities’ duties in relation to confirming reasons for decisions made on placing requests and parents right of appeal to any decision.
• The guidance on transitions between primary and secondary schools has been strengthened.
• Issues have been addressed regarding the complexity of use of support plans, including where certain plans are appropriate.

Next Steps

A full 12-week consultation process on the draft revised Code of Practice commenced in early 2026, to fulfil Ministers duty under section 27(3). The consultation was published on the Scottish Government consultation webpages and stayed open for 12 weeks, in line with best practice. Once the consultation closes, a period of analysis and reporting will take place to consider the outcomes of the consultation process and the next steps that are required.