Additional support for learning: guidance on assessing capacity and considering wellbeing

Guidance on the assessment of capacity and consideration of wellbeing in respect of additional support for learning in school education.


1. The term "parent" refers to the definition defined in the (Additional Support for Learning) (Scotland) Act 2004, as having the same meaning as in the Education (Scotland) Act 1980 ("the 1980 Act"), 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."

2. Dispute resolution is used is used here to mean specifically the arrangements outlined in The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 (as amended). Further information can be found in chapter 8 of The Supporting Children's Learning Code of Practice, 'Resolving Disagreements,'

3. The Additional Support Needs Tribunals for Scotland is expected to transfer into the Scottish Tribunals in January 2018.

4. Curriculum for Excellence Experience and Outcomes

5. The Education (Additional Support for Learning Act 2004 (as amended) allows for parents to request a 'specific assessment'. That is a specific type of assessment for example a child psychiatry assessment, and educational psychologist's assessment. Although in the context referred to above this would not be asked for by a parent (as it is the education authority who is assessing capacity), the term has been used as it has the same meaning as that requirement. Further information is available in Chapter 3 (Meeting Additional Support Needs) of the Supporting Children's Learning Code of Practice (2017), available from 20 December 2017.


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