Implementation of The Education (Additional Support for Learning) (Scotland) Act 2004: report to Parliament 2013

Progress report on the implementation of the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended).


Additional Support for Learning Context

Doran Review Implementation

Following on from the publication in November 2012 of the Doran Review and the Scottish Government's response to the review there has been significant progress in implementation of review recommendations, particularly those which focus on strategic commissioning of services for children and young people with complex additional support needs (this particularly relates to recommendations 7,17,19,20 and 21). The project board which will oversee the delivery of strategic commissioning and therefore the delivery of these recommendations has been established, and is considering the work of 5 interrelated workstreams. Further information is available from http://www.scotland.gov.uk/Topics/Education/DoranReview

ASL Long Term Plan Implementation

The long term plan of support for implementation strongly ties with the broader developments in additional support for learning, and a significant amount of work is underway. In addition to the work completed by the Advisory Group for Additional Support for Learning and the work on the implementation of the Doran Review, there has been a focus on both young carers and transition in the implementation of the legislation. Guidance on children unable to attend school due to ill health has been revised and will be published in early 2014. Further, the review of the code of practice for additional support for learning has begun, and although it is at an early stage currently, a clear plan is in place for the review to take place. Further a consultation on extending children's rights under Additional Support for Learning was launched in December 2013 (see over).

Consultation on ASL rights and section 70

On 20 October 2008 The United Nations Convention on the Rights of the Child ( UNCRC) issued recommendations in a report for the United Kingdom that the state party:

"Ensure that children who are able to express their views have the right to appeal against their exclusion as well as the right, in particular for those in alternative care, to appeal to special educational need tribunals"

As a result, in December 2013, the Scottish Government launched a consultation on children's rights under Additional Support for Learning and changes to the consideration of section 70 complaints. The consultation seeks views on whether children should enjoy rights under the ASL Act in their own regard, and if so, whether those should be full rights or rights to appeal only. The consultation also seeks views on proposed changes to the way in which section 70 complaints to Scottish Ministers are considered. Depending on the outcome of the consultation, there may be significant changes to the ASL Act, however this will not be known until after the consultation closes at the end of March 2014.

Consultation on Accessibility Strategies

The Scottish Government has also launched a consultation on Accessibility Strategies guidance. The draft guidance is for education authorities, independent and grant-aided schools on their duties to develop and publish strategies to improve access to the curriculum, school information and physical access. The draft is a revision of previous guidance, it is intended that finalised guidance will be published in June 2014 following the conclusion of the consultation in March 2014.

Autism Toolbox

The Scottish Government launched the Autism Toolbox for schools in April 2009 to help those involved in delivering education to meet the needs of children and young people with autism. A full refresh of the Toolbox is currently ongoing. The refresh will deliver an updated and revised online national tool in Scotland. This will encourage excellent practice for all education staff in schools to support children and young people with autism.

Review of Dyslexia Services

Education Scotland are currently carrying out a follow up review on dyslexia services provided in schools and education authorities. This is follow up to the HMIe report "Education for learners with dyslexia which was published in October 2008". A follow up report, which is due to be published in Spring 2014, will draw on information collected from a range of sources by Education Scotland staff including primary, secondary and special school inspections between Easter and October in 2013.

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