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

2. Understanding Additional Support Needs

What this chapter covers

1. This chapter explains what is meant by ‘additional support needs’, the broad range of circumstances that can give rise to them, and the responsibilities of those who support children and young people in education. It promotes an inclusive understanding that reflects the diverse challenges learners may face.

Legal definition

Additional support needs

2. Under Section 1 of the 2004 Act a child or young person is said to have additional support needs if, for whatever reason, they are unable or likely to be unable, to benefit from school education unless they receive extra help. This could be because of challenges related to learning, health, home life, emotional wellbeing, or anything else that makes learning harder. The key point is that additional support is needed to help the child or young person get the most out of education.

3. A child or young person is automatically considered to have additional support needs if they are looked after by a local authority (this includes children in foster care, kinship care^[26], residential care, or under supervision). This ensures extra attention is given to support their learning.

4. However, if the education authority carefully assesses a looked after child or young person and decides that they can benefit from education without needing extra support, then the law no longer treats them as having additional support needs just on the basis they are looked after.

5. In other words, being looked after automatically qualifies a child or young person as having additional support needs, unless a proper assessment shows they don’t actually need extra help.

6. In addition to providing support for certain looked after children under the age of 3, the 2004 Act also requires education authorities to provide additional support to certain disabled pre-school children in their area^[27]. This duty generally applies to children under 3 years old when:

• A child has been brought to the attention of the education authority as having (or potentially having) additional support needs due to a disability, within the meaning of the Equality Act 2010.
• The education authority has assessed and confirmed that the child has additional support needs.

7. In these cases, additional support will be appropriate to the child’s individual circumstances and may include support from educational services and/ or outside education, like occupational or speech and language therapy.

Benefit from school education

8. The 2004 Act’s reference to school education is linked to both the Education (Scotland) Act 1980^[28] and the Standards in Scotland’s Schools etc. Act 2000^[29] (“the 2000 Act”).

9. Section 1(5)(a) of the 1980 Act defines school education as “progressive education appropriate to the requirements of pupils, taking into account their age, ability, and aptitude.” This definition includes:

• Early learning and childcare.
• Gaelic learner education and Gaelic medium education..

10. Importantly, school education does not necessarily require physical attendance. For example, children and young people receiving education:

• At home due to ill health, or
• in hospital under medical care are still considered to be receiving school education.

11. The 1980 Act also places a duty on education authorities to ensure there is adequate and efficient provision of school education within their area.

12. Section 1 (2) of the 2000 Act expands this duty by requiring education authorities to support the holistic development of children and young people. Education must be directed toward developing their personality, talents, and mental and physical abilities to their fullest potential.

13. The extent to which a child or young person benefits from education depends on their individual needs and circumstances. All children and young people benefit when they can:

• Access a curriculum that supports both learning and personal development.
• Receive teaching and support that meets their wellbeing needs.
• Learn with and from their peers in an inclusive environment.
• Have their learning reinforced by parental and community support at home and beyond.

14. If a child faces difficulties in one or more of these areas, they may require additional support to help them fully benefit from school education.

Additional support

15. Section 1(3)(a) of the 2004 Act defines additional support as “provision (whether or not educational provision) which is additional to, or otherwise different from, the educational provision made generally for children or, as the case may be, young persons of the same age in schools (other than special schools) under the management of the education authority responsible for the school education of the child or young person, or in the case where there is no such authority, the education authority”.

16. All children and young people require support to help them learn. The primary source of this support comes from school and pre-school staff, who adapt their teaching to meet a wide range of needs through high-quality learning and teaching. Every child and young person is entitled to support that enables them to:

• Review their learning and plan their next steps.
• Access learning activities that meet their needs.
• Develop personal achievements beyond the classroom.
• Prepare for transitions and life choices and receive support throughout these changes.

17. With an appropriate curriculum and high-quality teaching, most children and young people can access school education without the need for additional support.

18. Some children and young people, including pre-school children receiving school education, require support that is additional to or different from what is typically provided to their peers to help them fully benefit from education.

19. In line with the Getting it right for every child approach, the 2004 Act ensures that additional support extends beyond education and may involve multi-agency support from:

• Health services.
• Social services.
• Voluntary agencies.

20. The 2004 Act requires that a child’s or young person’s additional support needs be assessed in comparison to the standard provision for children and young people of the same age in schools (excluding special schools) managed by the education authority responsible for their education.

21. If a child or young person attends a school in another education authority due to a placing request, their additional support needs must be assessed against the provision in the host education authority (i.e., the authority where they attend school, rather than where they reside).

22. If a child or young person is home-educated or privately educated (meaning no education authority is responsible for their school education), their additional support needs are assessed against provision in mainstream schools in the education authority where they live.

23. The 2004 Act provides a broad and inclusive definition of additional support, recognizing that support needs vary widely. While it is not possible to list every possible form of additional support, they often fall into three overlapping categories:

• Approaches to learning and teaching (e.g., adapted teaching methods for children with learning difficulties, youth work programmes provided through community learning and development).
• Support from school/ education or external personnel/ agencies (e.g., one-on-one or small group support for children with language barriers, peripatetic teachers, allied health professionals, specialist mental health support, social work).
• Provision of specific resources (e.g., assistive technology).

24. Additional support for children and young people can be provided in various locations, including in ELC setting, childminder (with whom the education authority entered into an arrangement under section 35 of the 2000 Act), school, at home, in hospital or in a specialist facility run by health services, social services, or voluntary agencies.

Common factors affecting learning

25. Children and young people may require additional support for various reasons. These generally fall into four overlapping themes:

• Disability or Health Needs: Disabled children and young people and those experiencing mental health issues may require additional support to ensure they can fully engage in education while receiving the help they need. For instance, those living with an eating disorder might benefit from assistance provided by Child and Adolescent Mental Health Services (CAMHS).
• Social and Emotional Factors: There is a number of social and emotional factors that may impact a child’s or young person’s ability to engage in learning. A child who is experiencing or engaging in bullying may require additional support. A child with behavioural difficulties or at risk of exclusion from school may require support aimed at developing positive relationships. This support can help prevent exclusion and improve engagement in learning.
• Family Circumstances: A child's or young person’s home life can impact their ability to engage in education. A child from an armed forces family may struggle with disruptions due to parental deployment. A young carer may need flexible learning arrangements to be put in place. Social work services will often play a key role in ensuring educational continuity and support when it comes to family circumstances.
• Learning Environment: A child's or young person’s learning environment can create barriers to learning, achievement, and participation. These barriers may arise from the school ethos and relationships, inflexible curricular arrangements, or teaching approaches that do not accommodate different learning needs. Schools play a pivotal role in addressing these by monitoring, reviewing and adapting their learning environment to promote full participation of children and young people with additional support needs in the life of the school.

26. The same factor can affect children differently. For example, one child experiencing difficulties at home may find their learning severely impacted, while another child in similar circumstances may not experience the same difficulties in school. A young person who uses a wheelchair may receive additional support in primary school due to an older building with stairs. However, upon transferring to a fully accessible secondary school, they may feel they no longer require additional support after an initial adjustment period. In other cases, children may be both neurodivergent and have a physical disability and need reasonable adjustments for both.

27. This highlights the importance of assessing support needs on an individual basis, rather than assuming that a particular circumstance automatically requires additional support. The Getting it right for every child National Practice Model^[30] enables practitioners to identify the needs and support required for each child or young person and their family.

28. Additional support can be short-term or long-term, depending on the child’s or young person’s needs. A child may also require support due to multiple factors at the same time.

Recognizing strengths alongside support needs

29. A need for additional support does not imply a lack of ability, skills, or strengths.

• Bilingual children and young people, whose first language is not English, may already be fluent in one or more other languages and have a wide range of achievements and skills. Their English language development should be supported through an inclusive teaching approach that respects and builds on their existing strengths.
• Children and young people who are deaf may have support needs related primarily to language and communication, yet possess significant skills and abilities in other areas. Some may feel that their hearing technology removes any barriers to learning, meaning they do not require additional support in school.

30. These examples reinforce the need for personalised and flexible support, tailored to individual strengths and learning styles.

31. The need for additional support varies across a spectrum of needs and circumstances. Children and young people want to be seen as individuals, not as different from their peers. To ensure the support provided is effective and inclusive:

• Needs should be identified and support provided early to prevent barriers to learning from escalating.
• Support should be:
  • Person centred.
  • Positive and strengths-based.
  • Integrated into everyday classroom practice, reducing stigma and ensuring inclusion.
  • Sensitive to individual needs and wellbeing (e.g., some individuals and families may find diagnostic labels, like dyslexia or autism spectrum disorder, helpful in understanding and explaining their experiences while others may find such terms limiting or stigmatizing).
• Children and young people should not feel singled out because they receive support.

32. By considering all aspects of a child’s wellbeing and environment, education authorities and schools can ensure that support is both effective and respectful of each learner’s unique circumstances.

The role of schools in supporting learning

33. Schools have a responsibility to provide effective and inclusive education for all children and young people, including those with additional support needs. Every learner is entitled to:

• A supportive learning environment that fosters self-awareness, self-worth, and personal achievement.
• Teaching and resources that address their individual needs and wellbeing.
• A tailored and inclusive approach to support.

34. Schools should regularly monitor and review the learning environment by evaluating the quality of ethos and relationships in the school, the curricular arrangements and the approaches to learning and teaching. This is in line with duties under the Education (Disability Strategies and Pupils Educational Records) (Scotland) Act 2002^[31].

35. Such ongoing evaluation helps reduce barriers to learning, improve achievement and promote the full inclusion and participation of children and young people with additional support needs in the life of the school.

36. This approach also aligns with the guiding principles of the Learning Estate Strategy^[32], including that “Learning environments should support the wellbeing of all learners, meet varying needs to support inclusion and support transitions for all learners”.

Working with children and young people and their families

37. Families are key partners in supporting children’s learning and wellbeing, and children and young people themselves must be actively involved in decisions about their support.

38. Meaningful collaboration between families and practitioners helps ensure that support is tailored, inclusive, and responsive to each pupil’s needs. Engaging openly and consistently with parents and children and young people not only builds trust but also leads to better planning, stronger relationships, and improved outcomes.

Involving children and young people

39. Children and young people must be actively involved in decisions about their support.

40. All children and young people have the right to:

• Share their views on decisions that affect them.
• Be taken seriously when they express opinions.
• Be included in discussions about their education, learning plans, reviews, and transitions.
• Creating a supportive environment where children feel listened to is key to enabling their participation.

41. In practice education authorities must:

• Involve children in planning and evaluating their learning (e.g., through personal learning planning).
• Seek and consider the views of children and young people^[33] when:
  • Deciding if they have additional support needs.
  • Determining what support they require.
  • Determining if they require a co-ordinated support plan.
  • Preparing or reviewing a co-ordinated support plan (CSP).

42. The law does not require parental permission to seek a child’s view.

Children’s views

43. Some children can express their views clearly with minimal support. Others may need:

• Help to build confidence or communication skills.
• Support through alternative communication methods (e.g., sign language, visual aids, or assistive technology).

44. When noting views, particularly where the child or young person has communication support needs, it is helpful to consider both what has actually been expressed by the child or young person and what interpretation may have been made and by whom. Both need to be recorded.

45. When education authorities ask a child or young person for their views, they must also record what those views are and think carefully about how much weight to give them.

46. This doesn’t mean they have to do everything the child or young person asks, but once a view has been shared, it should not be ignored. The views should be taken seriously and considered properly, based on the following:

• How well the child or young person understood the information they were given.
• How well they were able to share their views.
• Whether they understood the different options available.
• How well the people reporting their views know them.

47. The Children and Young People’s Commissioner for Scotland have created a resource called the 7 Golden Rules for Participation^[34] to help professionals meaningfully engage with children and young people.

48. Where the education authority has not been able to secure the child’s views through usual methods, they may use the Children’s Views Service^[35] to gather the child’s views independently.

49. Where a process is associated with rights and functions under the 2004 Act, the service is also available to other agencies or the Tribunal.

Good practice when communicating with children and young people

50. Effective communication is essential when engaging children and young people in discussions about their education, support needs, or future plans. The following good practice approaches can support meaningful and inclusive participation:

General communication support

51. Children and young people may benefit from:

• Time to prepare for the discussion and revisit the ideas and materials involved.
• Information provided in a clear and understandable format, tailored to their needs.
• Support from a teacher or other trusted adult to explain key terms and concepts.
• Help from a communication facilitator to explore their views and ensure their voice is heard accurately.
• Specialist or adapted vocabulary, including signs or symbols, to support understanding of specific topics.
• Opportunities to revisit ideas more than once to aid comprehension and decision-making.
• Support to understand outcomes and agreements, ensuring they know what has been decided and why.

Communication and language specific considerations

52. Where there are additional language or communication needs, the following should be considered:

• If English is not the child or young person’s first language, an interpreter should be used, ideally not a family member, to avoid any potential conflict of interest.
• Where there are language or speech difficulties, consider engaging a trained communication facilitator.
• Use appropriate alternative or augmentative communication (AAC) systems, such as visual aids, symbol-supported text, sign language (e.g., British Sign Language).
• Be mindful of cultural preferences in how information is communicated or decisions are approached.
• Take the time to clearly explain:
  • What decision needs to be made.
  • Why it matters.
  • How the child or young person can be involved and influence the outcome.
• Where appropriate, practitioners may wish to use tools such as the Autism Toolbox^[36], the Dyslexia Toolkit^[37], or the Communication Passport^[38], which gathers key information about a child’s communication preferences and needs.

Working with parents

53. Parents bring a unique insight into their children’s needs and are partners in the process. As such they should be:

• Included in planning and decision-making.
• Supported to understand their rights and those of their child.
• Be given clear, accessible information (in writing, audio, or visual formats).

54. Keeping communication open and consistent, professionals should aim to build strong and trusting relationships while helping parents understand educational planning and support.

Good practice when communicating with parents

55. When working with parents of children and young people with additional support needs, education authorities and professionals should take account of the following good practice points to build trust, encourage effective collaboration, and ensure clear understanding.

Professionals should:

• Respect and use parents' knowledge and understanding of their child.
• Focus on the child’s strengths as well as their additional support needs.
• Be aware of the emotional impact and personal investment parents bring.
• Make sure parents understand processes and know how to access support.
• Provide documents in advance of meetings so parents have time to prepare.
• Recognise different viewpoints and work constructively to resolve differences.
• Meet the needs of parents who may have disabilities, or language or communication barriers.

Information should always be:

• Clear, jargon-free, and easy to understand.
• Given in accessible formats (e.g., large print, audio, or translated versions) if needed.
• Readily available and free of charge, without creating barriers.

Communication works best when:

• Interpreters are provided if needed.
• Someone is responsible for keeping parents up-to-date.
• Parents are informed about what happens between meetings.
• Contributions from parents are acknowledged and valued.
• Language avoids formal or intimidating legal references unless required.

Building Positive Relationships

Effective relationships develop when:

• Contact is sensitive, regular, and helpful.
• Parents feel welcomed and included in all discussions.
• Plain, positive language is used.
• Roles and processes are clearly explained from the start.
• Parents know what to expect and understand the next steps.
• Meeting times take into account parents’ availability and other responsibilities.

Running Effective Meetings

56. Meetings are most effective when:

• Parents are asked what times and places suit them best.
• Notes and papers are shared in good time before the meeting.
• Parents can add items to the agenda, just like any other participant.
• Everyone understands their role and the child’s support needs.
• There are no last-minute surprises or hidden issues.
• Decisions are made with parents present, not afterwards.
• Parents are given time to raise concerns – decisions are not rushed.

Planning the Way Forward

57. Moving forward works best when:

• Everyone’s views – including the child’s – are listened to and respected.
• There is a genuine interest in family priorities and daily life.
• Support is tailored to individual needs and agreed with the family.

Accountability and Clarity

58. Clear accountability helps ensure confidence. It is important that everyone knows who is responsible for what and parents’ concerns are responded to promptly. In addition:

• Decisions are transparent and open to review.
• Parents have a named contact person they can reach for answers and updates.
• Agreed actions are followed through within the discussed timescale – or if delays happen, parents are informed and given an updated timeline.

Publishing information

Statutory Duties on Publishing Information

59. The 2004 Act places a duty on education authorities to publish information^[39] about a wide range of matters relating to additional support needs. These include:

• The authority’s policy on additional support for learning.
• Arrangements for identifying children and young people who have, or may have, additional support needs, including those who may require a co-ordinated support plan.
• How the additional support needs of those identified are being met.
• The role of parents, children, and young people in these processes.
• How support needs and the provision in place are monitored and reviewed.
• Access to independent mediation services, including how to use these services.
• Access to dispute resolution procedures, including how to use them.
• Contact details of officers within the education authority who can provide further information and advice.
• Details of Health Boards from which additional advice and support may be obtained.
• Contact information for national or local organisations that provide support, advocacy, and advice, including those specified by Scottish Ministers.

Availability and Format of Information

60. The published information must be made available, on request, in accessible formats^[40], such as audio, Braille, large print, or video (e.g., British Sign Language). Voluntary organisations can often provide helpful guidance on producing materials in these formats.

Regular Updates

61. Education authorities must keep all information under regular review and update it as needed to ensure it remains accurate and relevant.

Who Should Receive the Information

62. Authorities must ensure that the full information is provided to:

• All parents of children with additional support needs.
• All eligible children and young people with capacity for whom the authority is responsible.

63. If a child or young person lacks capacity, the information should be provided to their parent or carer. This information may be made available via a handbook, website, app, or digital storage (such as a USB stick), provided it is easily accessible.

Where the Information Should Be Available

64. A summary of the information must be made freely available at every location where school education is provided in the authority’s area, including nursery schools and funded early years providers. It must also appear in any handbooks or websites used to communicate general school or local authority services.

Principles of Additional Support for Learning

65. The key principles of Additional Support for Learning are consistent with the overarching Getting it right for every child values and principles^[41] which promote an inclusive, multi-agency approach to supporting children and their families.

Inclusive Education – “Belonging for All”

66. Inclusive education is not just physical presence in a mainstream setting, but full participation and achievement for all learners. This means planning, teaching, and assessing in ways that actively reduce barriers to learning.

• Settings adapt to meet a wide range of needs.
• Children with additional support needs participate in mainstream activities with appropriate support.
• Teachers and practitioners use inclusive teaching strategies and differentiation.

Early Identification and Intervention – “Support Starts Early”

67. Intervening early reduces the risk of longer-term challenges. This principle links closely with Section 6 of the 2004 Act and the duty to make adequate and efficient provision for additional support needs.

• Staff trained to recognise early signs of need.
• Concerns from parents/carers and children/ young people are responded to promptly.
• Staged intervention models addressing concerns early to prevent escalation.

Child-Centred Approach – “The Learner Leads”

68. Section 12 of the 2004 Act and the UNCRC uphold the child’s right to express views and have them taken into account. Practice must reflect and encourage meaningful participation.

• Children involved in setting goals and reviewing progress.
• Their views are respected and influence support decisions.
• Staff use age-appropriate tools tailored to the child’s needs to gather children’s input.

Parental and Caregiver Engagement – “Working Together”

69. Parents have rights to be involved in additional support planning and their insight is vital.

• Parents are involved early and consistently in planning.
• Clear, accessible communication with families.
• Home–school communication is two-way, respectful, and proactive.

Collaborative Working – “No One Works Alone”

70. Multi-agency collaboration is key to realising the duties under Section 23 of the 2004 Act on co-operation with appropriate agencies.

• A Lead Professional ensures timely and co-ordinated support across education, health, and social care.
• Meetings are coordinated, respectful, and outcome-focused.
• The National Practice Model^[42] is used to support overall assessment and planning.

Continuous Professional Development – “Skilled to Support”

71. The success of inclusive practice relies on confident and competent staff. Training is not a one-off, but embedded in ongoing school development.

• Ongoing additional support needs training for school staff.
• Peer coaching and practice sharing encouraged.
• Inclusion is a key part of school improvement plans.

Transparency and Accountability – “Clear and Fair”

72. Families and learners must be able to understand their rights and know how to challenge decisions. This supports compliance with Section 26 of the 2004 Act.

• Policies on additional support needs are published and accessible.
• Progress is monitored and reviewed regularly.
• Clear communication on decisions, including appeal rights.

Rights-Based Approach – “Empowered and Informed”

73. All children have the right to express their views and have these views taken into account.

74. Children’s rights must be explained in a way that is age-appropriate and accessible.

• Children are taught about their rights.
• Advocacy is available to help children express views.
• Participation is meaningful, not tokenistic.