Children looked after by local authorities: legal framework

This report describes key aspects of the law as it applies throughout a child's journey through public care and supervision.

Footnotes for Education

45 Hunt, R (2000) Quality Protects Research Briefing No 1 The Educational Performance of Children in Need and Children Looked After, DOH

46 Dixon, J and Stein, M (2002) Scotland's Children: Children (Scotland) Act 1995 Research Findings No 3: A Study of Throughcare and Aftercare In Scotland

47 The Scottish Executive Children's Social Work Statistics 2002-2003

48 Standards in Scotland's Schools etc. Act 2000, s1

49 Education (Scotland) Act 1980, s23(3)

50 SISSA 2000, s2

51 Education (Additional Support for Learning) (Scotland) Act 2004, s4

52 Education (Scotland) Act 1980, s30

53 E(S)A 1980, s1(1)

54 Schools General (Scotland) Regulations 1975, regulation 5; school year means a period of twelve months commencing on 1st of August of any year - ibid, regulation 3

55 Children (Scotland) Act 1995 Regulations and Guidance Volume 2 Children Looked After by Local Authorities paragraph 61, p 14

56 The Arrangements to Look After Children (Scotland) Regulations 1996, Regulation 3(2)(a)

57 ibid, regulation 6(1), Schedule 2 Part I (Matters to be addressed in the care plan)

58 ibid, regulation 7

59 The Scottish Executive (2000) Learning with Care: the education of children looked after away from home by local authorities

60 Learning With Care, Chapter 4, paragraph 4.9

61 Exclusions from Schools, 2002/03 February 17, 2004 (revised version September 2, 2004) The Scottish Executive (see Table 9 for exclusion rates)

62 Education (Scotland) Act 1980, section 28H; definition of parent includes guardian and any person who is liable to maintain or has parental responsibilities in relation to, or has care of a child or young person(E(S)A 1980, s135)

63 Standards in Scotland's Schools Act 2000, s41

64 Age of Legal Capacity (Scotland) Act 1991, s2 (4A)

65 Learning With Care op cit. Chapter 4, para 4.9

66 Education (Scotland) Act 1980, s70

67 Phelps v Hillingdon Borough Council [2001] 2 A.C. 619 An English House of Lords case which considered the extent to which education authorities have a duty of care towards their pupils giving rise to liability for damages in the event of failure of performance and ruled that they may be held liable for their employees negligent performance of professional duties. In four conjoined cases claimant pupils claimed damages for negligent assessment and inadequate provision for their educational needs resulting in impairment of their development and academic attainment.

68 E(S)A 1980, section 37

69 E(S)A 1980, section 35(1)

70 See Norrie (1999) 12.03: 'The duty to provide efficient education for a child rests on both parents and it is no defence in the event of failure that the child was in the care of a third party.'

71 O'Hagan v Rea 2001 SLT (Sh Ct) 30

72 Christine Hallett and Cathy Murray Deciding in Children's Interests Social Work Research Findings no 25

73 Learning With Care, paragraphs 5.5, 7.6, 8.8

74 Education (Scotland) Act 1980, s23(2)

75 NHSHDL(2004)15 Establishing the Responsible Commissioner: Guidance for NHS Scotland

76 ibid, paragraph 46

77 ibid, paragraph 44

78 ibid, paragraph 43

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