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Supporting Children's Learning - Code of Practice: statutory guidance - fourth edition

The Code of Practice on Supporting Children's Learning provides statutory guidance on the Education (Additional Support for Learning) (Scotland) Act 2004. We are consulting on the refreshed guidance, designed to improve clarity, readability, and navigation for all users.


Footnotes

1 Education - achieving excellence and equity: National Improvement Framework 2025 - gov.scot

2 Education (Additional Support for Learning) (Scotland) Act 2004

3 Education (Additional Support for Learning) (Scotland) Act 2009

4 Education (Scotland) Act 2016

5 Education (Additional Support for Learning) (Scotland) Act 2004

6 Enquire - The Scottish advice service for additional support for learning

7 Education (Additional Support for Learning) (Scotland) Act 2004, s 1(1).

8 Education (Additional Support for Learning) (Scotland) 2004 Act, s 1(1A).

9 Education (Additional Support for Learning) (Scotland) 2004 Act, s 6(1A).

10 Getting it right for every child (GIRFEC): policy statement (September 2022): Getting it right for every child (GIRFEC): policy statement - gov.scot

11 Dispute resolution is used here to mean specifically the arrangements outlined in The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005.

12 Education (Additional Support for Learning) (Scotland) 2004 Act, s 31A.

13 Education (Additional Support for Learning) (Scotland) Act 2004, ss 3-3C.

14 Wellbeing (SHANARRI) - Getting it right for every child (GIRFEC) - gov.scot

15 Children and Young People (Scotland) Act 2014, s 96.

16 Additional support for learning: guidance on assessing capacity and considering wellbeing - gov.scot

17 UN Convention on Rights of a Child (UNCRC) - UNICEF UK

18 United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024

19 For the official legal text please refer to: Convention on the Rights of the Child | OHCHR

20 UNCRC (Incorporation) (Scotland) Act 2024 - part 2: statutory guidance - gov.scot

21 Education (Additional Support for Learning) (Scotland) Act 2004, s 23.

22 Education (Additional Support for Learning) (Scotland) Act 2004, s 23(3).

23 Education (Additional Support for Learning) (Scotland) Act 2004, s 23(5).

24 Education (Scotland) Act 1980

25 Education (Additional Support for Learning) (Scotland) Act 2004, s 25.

26 Please note that not all children in kinship care are classed as looked after children, as certain kinship arrangements - including those made under section 11 orders or through informal family care - do not confer looked after status.

27 Education (Additional Support for Learning) (Scotland) Act 2004, s 5(3).

28 Education (Scotland) Act 1980

29 Standards in Scotland’s Schools etc. Act 2000

30 National Practice Model - Getting it right for every child (GIRFEC) - gov.scot

31 Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002 (legislation.gov.uk) and Planning improvements for disabled pupils' access to education: guidance for education authorities, independent and grant-aided schools - gov.scot (www.gov.scot)

32 Learning estate strategy - gov.scot (www.gov.scot)

33 Education (Additional Support for Learning) (Scotland) 2004 Act, s 12(2).

34 7 Golden rules for participation - The Children and Young People's Commissioner Scotland

35 Support for practitioners - My Rights, My Say

36 Home | Autism Toolbox Autism Toolbox

37 Addressing Dyslexia Toolkit | Dyslexia Scotland - Dyslexia Scotland

38 Personal Communication Passports

39 Education (Additional Support for Learning) (Scotland) Act 2004, s 26.

40 The Additional Support for Learning (Publication of Information) (Scotland) Regulations 2005

41 Getting it right for every child: policy statement (September 2022): Getting it right for every child (GIRFEC): policy statement - gov.scot

42 National Practice Model - Getting it right for every child (GIRFEC) - gov.scot

43 Education (Additional Support for Learning) (Scotland) Act 2004, s 6.

44 Education (Additional Support for Learning) (Scotland) Act 2004, s 26.

45 Care experienced people

46 Education (Additional Support for Learning) (Scotland) Act 2004, s 5(3).

47 Quality improvement framework for the early learning and childcare sectors | Inspection frameworks | Inspection and review | Education Scotland

48 Realising the Ambition | Resources | Education Scotland

49 Education (Additional Support for Learning) (Scotland) Act 2004, s 7(1).

50 Education (Scotland) Act 1980, ss 37 and 38.

51 GIRFEC principles and values - Getting it right for every child (GIRFEC) - gov.scot

52 Education (Additional Support for Learning) (Scotland) Act 2004, s 12.

53 Education (Additional Support for Learning) (Scotland) Act 2004, s 8.

54 Education (Additional Support for Learning) (Scotland) Act 2004, s 28.

55 Education (Additional Support for Learning) (Scotland) Act 2004, s 23.

56 The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005

57 Education (Additional Support for Learning) (Scotland) Act 2004, s 3A.

58 Education (Additional Support for Learning) (Scotland) Act 2004, s 3B.

59 Wellbeing (SHANARRI) - Getting it right for every child (GIRFEC) - gov.scot

60 Additional support for learning: guidance on assessing capacity and considering wellbeing - gov.scot

61 Getting it right for every child (GIRFEC): child's plan - practice statement - gov.scot

62 Supporting documents - GIRFEC wellbeing resources (SHANARRI) - gov.scot

63 Getting it right for every child (GIRFEC): child's plan - practice statement - gov.scot

64 Types of plan | How schools plan support | Additional support | Parentzone Scotland | Education Scotland

65 Health visiting: action plan 2025 to 2035 - gov.scot

66 Child health systems programme - pre-school: documentation - Publications - Public Health Scotland

67 The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005

68 Education (Additional Support for Learning) (Scotland) Act 2004, s 23(5).

69 The Scottish Child Health Programme: Guidance on the 27-30 month child health review - gov.scot

70 Education (Additional Support for Learning) (Scotland) Act 2004, s 7.

71 Education (Additional Support for Learning) (Scotland) Act 2004, s 2(2).

72 [ARCHIVED CONTENT] MRS. J.T. AS LEGAL GUARDIAN FOR K.T. v. STIRLING COUNCIL

73 The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 - http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050518.htm

74 Education (Additional Support for Learning) (Scotland) Act 2004, s 11.

75 Additional support for learning - Schools - gov.scot

76 The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005

77 The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005

78 Education (Additional Support for Learning) (Scotland) Act 2004, s 9(2)(a).

79 Education (Additional Support for Learning) (Scotland) Act 2004, s 9(2)(a)(i).

80 Education (Additional Support for Learning) (Scotland) Act 2004, s 9(3).

81 Benchmarks | Curriculum for Excellence documents | Curriculum for Excellence | Education Scotland

82 Education (Additional Support for Learning) (Scotland) Act 2004, s 9(2)(a)(iii).

83 Education (Additional Support for Learning) (Scotland) Act 2004, s 9(2)(a)(iv).

84 Education (Additional Support for Learning) (Scotland) Act 2004, s 19(3).

85 Education (Additional Support for Learning) (Scotland) Act 2004, s 10.

86 Education (Additional Support for Learning) (Scotland) Act 2004, s 8.

87 Education (Additional Support for Learning) (Scotland) Act 2004, s 11.

88 Education (Additional Support for Learning) (Scotland) Act 2004, s 12(3A).

89 Standards in Scotland’s Schools etc. Act 2000, s 15.

90 Education (Scotland) Act 1980, ss. 28A-28G.

91 Education (Additional Support for Learning) (Scotland) Act 2004, s 25.

92 Education (Additional Support for Learning) (Scotland) Act 2004, sch. 2 7(8) and (9).

93 Education (Additional Support for Learning) (Scotland) Act 2004, s. 19(5)(d) to (g).

94 The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005.

95The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005, reg. 3(a).

96 The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005, reg. 3(b).

97 The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005, reg. 3.

98 The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005, reg. 4.

99 Enquire - The Scottish advice service for additional support for learning

100 How good is our school? (4th edition)

Principles of Good Transitions - Scottish Transitions Forum

101 The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, s 3(2).

102 The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, s 3(3).

103 The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, s 3(1).

104 The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, s 4(1).

105 The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, s 3(1).

106 The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, s 4(1).

107 Building Blocks - National Transitions to Adulthood Strategy for Young Disabled People - gov.scot

108 The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, s 3(1).

109 The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, s 4(1).

110 Please note that the term “complex needs” here refers to the National Transitions to Adulthood Strategy for Young Disabled People where it is used to describe young people who: have complex or multiple healthcare needs; have significant care needs; have a life-shortening condition; require support for transitions across multiple sectors e.g. education, health, independent living and social care; have a profound learning disability; and/or otherwise lack capacity for decision making.

111 DYW - Scotland - DYW Scotland - Home

112 Scotland's careers strategy: moving forward - gov.scot

113 No One Left Behind: employability strategic plan 2024 to 2027 - gov.scot

114 The Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003

115 DYW/SDS Partnership Agreement and work planning model - Skills Development Scotland

116 Education - achieving excellence and equity: National Improvement Framework 2025 - gov.scot

117 Education (Additional Support for Learning) (Scotland) Act 2004, s 15.

118 Education (Additional Support for Learning) (Scotland) Act 2004, s 16.

119 Education (Additional Support for Learning) (Scotland) Act 2004, s 18.

120 Education (Additional Support for Learning) (Scotland) Act 2004, s 14.

121 Education (Additional Support for Learning) (Scotland) Act 2004, s 14A.

122 Additional Support Needs | First-tier Tribunal for Scotland (Health and Education Chamber)

123 Enquire - The Scottish advice service for additional support for learning

124 Education (Additional Support for Learning) (Scotland) Act 2004, s 31A.

125 Scottish Mediation – Turning Disagreement into Opportunity

126 The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005

127 The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005, sch.

128 The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005, reg. 4.

129 Additional Support Needs | First-tier Tribunal for Scotland (Health and Education Chamber)

130 Tribunals (Scotland) Act 2014

131 The Scottish Tribunals (Eligibility for Appointment) Regulations 2015

132 Making a reference | First-tier Tribunal for Scotland (Health and Education Chamber)

133 Education (Additional Support for Learning) (Scotland) Act 2004, s 15(3)(b).

134 Education (Additional Support for Learning) (Scotland) Act 2004, s 16(3)(b).

135 http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050518.htm

Contact

Email: additionalsupportcodeofpractice@gov.scot

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