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 3 Assessment of capacity

Respondents were asked Is the information provided in Chapter 3 appropriate.


Option Total Percentage
Yes 11 52.38%
No 8 38.10%
Don't Know 0 0%
Did not answer 2 9.52%

As the consultation responses suggest, the chapter was responded to positively, with comments such as, "The guidance is again clear here." Although, there was a theme within comments on this chapter for greater clarity being needed on the assessment of capacity. This led to the following being added to the chapter:

  • When carrying out an assessment of capacity, the factors given as examples within Chapter 3, that can be taken into account are not exhaustive and the child and those working and living with the child may use any evidence they consider appropriate to establish maturity and understanding. This was to address concerns about the factors being taken into account as part of the assessment of capacity, which were given as examples.
  • The reference to a child's level of achievement being a factor that can be taken into account was amended to a child's 'skills and experiences.' This was to address concerns about reference to a child's level of achievement, which was reflected throughout the consultation.
  • With regards to the questions from the Supporting Children's Learning Code of Practice (Third Edition) 2017 which can be used as part of this assessment, it has been added that it is not intended that every question should be answered and that the choice of question to be used will be informed by the right which the child wishes to use. This was to address a query as to whether all of the questions need to be answered as yes.
  • With regards to a comment that there should be no significant bureaucracy as a result of this process, it was added to the chapter that it is not intended that this should be a bureaucratic exercise, it is intended to confirm what is already known about the child.
  • A link to the Education Scotland website on the Curriculum for Excellence Experience and Outcomes was added.


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