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.
46 Education (Additional Support for Learning) (Scotland) Act 2004, s 5(3).
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.
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
65 Health visiting: action plan 2025 to 2035 - gov.scot
66 Child health systems programme - pre-school: documentation - Publications - Public Health Scotland
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
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