Included, Engaged and Involved Part 1: Improving Attendance in Scotland's Schools

Appendix 2: Policy and Legal Context

Included, Engaged and Involved Part 1 is set within the context of overarching legislation and policies to support the learning and teaching of children and young people. This includes the:

• Education (Scotland) Act 1980
• Education (Additional Support for Learning) (Scotland) Act 2004
• Education (School and Placing Information) (Scotland) Regulations 2012
• Children and Young People (Scotland) Act 2014
• Equality Act 2010
• Schools General (Scotland) Regulations 1975
• Scottish Schools (Parental Involvement) Act 2006
• Standards in Scotland’s Schools etc. Act 2000
• United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

The Equality Act 2010 places specific requirements upon education authorities, managers of grant-aided schools and proprietors of independent schools to prevent unlawful discrimination in their schools based on protected characteristics.^[50]

Section 149 of the Equality Act 2010 sets out the Public Sector Equality Duty and the requirements placed upon education authorities and the managers of grant-aided schools to have due regard to the need to:

• eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act
• advance equality of opportunity between people who share a protected characteristic and those who do not
• foster good relations between people who share a protected characteristic and those who do not

The guidance is underpinned by Getting it right for every child (GIRFEC) and the United Nations Convention on the Rights of the Child. It asks education authorities and education settings to ensure that their policies are set within a framework that centres on the wellbeing and learning of children and young people, upholds their rights and promotes a whole school culture and ethos that is founded on positive relationships and behaviour.

Included, Engaged and Involved Part 1 is set within the framework of Curriculum for Excellence (CfE) and Getting it right for every child (GIRFEC). It should be considered in the context of Scottish education’s focus on wellbeing and relational and rights-based practice, including nurturing, attachment-based, and trauma-informed approaches.

GIRFEC provides a consistent framework and shared language for promoting, supporting, and safeguarding the wellbeing of children and young people. It promotes preventative work and early intervention to support children, young people and their families through the provision of strong universal services, and partnership working with other services when needed. The approach supports children and young people’s rights to be involved in any decision that affect them in line with the core principles of UNCRC.

This approach emphasises that all children and young people have the right to expect appropriate support from adults to allow them to grow and develop and to reach their full potential. This should be considered alongside the Additional Support for Learning framework and legal duties placed on education authorities to identify, provide for and review the additional support needs of their pupils.^[51] Guidance on the presumption to provide education in a mainstream setting is also relevant in supporting an inclusive approach which identifies and addresses barriers for all children and young people.

CfE aims to ensure that all children and young people develop the knowledge, skills and attributes they will need if they are to flourish in life, learning and work. At its centre are four fundamental capacities, enabling all children young people to become: successful learners; confident individuals; effective contributors; and responsible citizens. CfE promotes health and wellbeing in educational settings, recognising that positive relationships are the building blocks to developing children and young people’s resilience. It is founded on local flexibility and the professional judgement of teachers.

National Guidance for Child Protection in Scotland 2021 - updated 2023, describes the responsibilities and expectations for all involved in protecting children. The guidance outlines how statutory and non-government agencies should work together with parents, families and communities to prevent harm and to protect children from abuse and neglect. It makes clear that schools and education authorities should have robust procedures in place to respond to absence to ensure the safety and wellbeing of children who are not at school. Child protection is of paramount importance and absence from school may indicate a child is at risk.

This guidance should be considered in the context of Education Scotland’s deep dive on attendance in Scotland. Their report, Improving attendance: understanding the issues, aims to provide an understanding of the issues that impact attendance and how education authorities can support increased attendance and reduced absence.

Included, Engaged and Involved, part 1 should also be considered in conjunction other relevant policies and guidance. Further information is available from Education Scotland’s resources on key legislation and policy in relation to attendance and absence.