Guidance on assessing capacity and considering wellbeing: analysis of consultation responses

Analysis of consultation responses on guidance for education authorities and school staff on assessment of capacity and consideration of wellbeing of children.

Chapter 1 Introduction

Respondents were asked, Is the information provided in the Introduction appropriate? They also had the opportunity to suggest potential improvements.


Option Total Percentage
Yes 13 61.90%
No 6 28.57%
Don't Know 0 0%
Did not answer 2 9.52%

As reflected in the results above, the majority of responses with regards to the introduction were positive, for example, "This is clear and appropriate".

Clarification based on consultation comments, resulted in the following amendments being made to the introduction, including the below.


  • The term eligible child [1] being used, as in the revised Supporting Children's Learning Code of Practice (third edition 2017), to provide further clarity as to who can exercise the extended rights.
  • It has been clarified that in the guidance, the term parent, refers the definition defined in the 2004 Act, as having the same meaning as in the Education (Scotland) Act 1980, and includes "guardian and any person who is liable to maintain or has parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to, or has care of, a child or young person."

Other clarifications included:

  • Clarity that this guidance does not provide advice in relation to capacity of young people in relation to the Education (Additional Support for Learning) (Scotland) Act.
  • Further information has been added regarding the new Children's Support Service. This has been included in Chapter 2, Children's Rights.
  • It has been made clear within the examples of who the guidance is for that this would also include those who work with looked after children.


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