Summary of Scottish Government policy and legislation for children with ASN

To ensure that all children are provided with the necessary support to help them to achieve their full potential. The Act is structured around the concept of support being needed for any reason, and for short- or long-term periods determined by the individual learning needs of the child or young person. The key duties on education authorities are to identify, make provision for and review provision for the additional support needs of children and young people for whose education they are responsible. 

The Education (Additional Support for Learning) (Scotland) Act 2004, as amended, provides a framework for local authorities and other agencies to support all children with their learning. It introduced the concept of additional support needs, gave parents and pupils new rights, and placed duties on local authorities and other agencies. It also set in place the processes for resolving differences for families and authorities – mediation, dispute resolution and the Additional Support Needs Tribunal.

Scotland’s national framework for improving children young people’s wellbeing.

Introduced in 2006

To improve children’s wellbeing. Supports families by making sure children and young people can receive the right help, at the right time, from the right people. The aim is to help them to grow up feeling loved, safe and respected so that they can realise their full potential. The GIRFEC approach aims to put the best interests of the child at the heart of decision-making.

GIRFEC is the foundation for work with all children and young people in Scotland. A key element of GIRFEC is that all services working with children and young people must play their part in promoting, supporting and safeguarding their wellbeing.

To make Scotland the best place to grow up by putting children and young people at the heart of planning and delivery of services, and ensuring that their rights are respected across the public sector.

The Act made several changes to the law across many areas, including changes to early learning and childcare, free school meals for children in P1–3, and extra support for looked-after children and care leavers. It also puts responsibilities on Scottish Ministers and public bodies to consider how they can promote children’s rights, and requires them to report on their progress on this every three years.

The Standards direct attention to the child’s experience. They will help everyone focus on what really matters – the experience of the person who uses care.

This guidance increases expectations of high quality but still provides the necessary support for all who work within the sector and beyond.