1.2. Assessment/identification and legislation
In module 2 a summary overview of the legislative framework was available for you to download. This section will explore the relevant legislation, guidance and reviews in further details.
Additional Support for Learning
The Scottish Government wants all children and young people to be able to get the most from the learning opportunities which are available to them, so that they can realise their full potential, in learning, in work and in life.
Through the Getting it right for every child approach [Tip: hold Ctrl and click a link to open it in a new tab. (Hide tip)] and Curriculum For Excellence, the Scottish Government has set out its ambition for services provided to children and young people, and for their learning. An important part of the approach is the recognition that all children and young people are different. To enable them to reach their full potential some will need additional support.
Supporting Children’s Learning: Statutory Guidance on the Education (Additional Support for Learning) Scotland Act 2004 (as amended) - Code of Practice (Third Edition) 2017
This is the third edition of the code and replaces all previous versions. This third edition takes account of the amendments in the 2016 Act which extended certain rights to children aged 12 and over 15. It explains the duties on education authorities and other agencies to support children’s and young people’s learning. It provides guidance on the Act’s provisions as well as on the supporting framework of secondary legislation.
Education authorities and appropriate agencies, such as NHS Boards, are under a duty to have regard to the code when carrying out their functions under the Act. The code is designed to help them make decisions effectively but cannot be prescriptive about what is required in individual circumstances. Education authorities and appropriate agencies must ensure that their policies, practices and information and advice services take full account of the legal requirements of the Act.
The code includes brief case studies and examples of good practice to illustrate some of the processes involved in applying the Act’s main provisions. These do not offer definitive interpretations of the legislation since these are ultimately a matter for the courts.
Education (Scotland) Act 2016
The Education Scotland Act 2016 which was passed by the Scottish Parliament in March 2016 makes amendments to the Additional Support for Learning Act. These amendments provide children aged 12-15, who are able to use them, with a range of rights under the Additional Support for Learning Act.
The 2016 Act is the second amendment to the Additional Support for Learning Act. To support understanding of the amended legislation, a Keeling Schedule has been produced. This shows the amendments which were made to the Act by the 2016 Act (in blue and purple). Changes made by the 2009 Act are already incorporated.
As part of the preparation for the implementation of the Act, information for parents was developed. This explains all of the provisions of the Act. Page 6 sets out information on Additional Support for Learning changes.
These changes came into force in January 2018.
The purpose of the report to Parliament is to document the progress in implementing the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended). The report fulfils the duties placed on Scottish Ministers at sections 26A and section 27A of the amended Act. These duties are:
- that Scottish Ministers must report to the Scottish Parliament in each of the 5 years after the commencement of the Act on what progress has been made in each of those years to ensure that sufficient information relating to children and young people with additional support needs is available to effectively monitor the implementation of this Act. (section 26A)
- that Scottish Ministers must each year collect from each education authority information on:
- the number of children and young persons for whose school education the authority are responsible having additional support needs
- the principle factors giving rise to the additional support needs of those children and young persons
- the types of support provided to those children and young persons, and
- the cost of providing that support.
Scottish Ministers must publish the information collected each year. (Section 27A)
In addition to the information required by the Act, Scottish Ministers will provide further information and evidence from a number of sources. This will enable the data required by the duties to be set in context and offer a fuller picture of implementation of the legislation. Sources include: Enquire, ASL Resolve and Common Ground Mediation, Independent Adjudication, Additional Support Needs Tribunals for Scotland, the Scottish Government, Take Note, Education Scotland and the Advisory Group for Additional Support for Learning (AGASL).
This information presents as full a picture as possible of the implementation of Additional Support for Learning. This includes information from the national statistics collection of data on pupils.
Additional support for learning review - the 2020 independent review ‘Support for Learning: All our Children and All their Potential’
In module 2 you looked at an overview of this review which was conducted in 2019. It concluded with the submission of the report and recommendations to Scottish Ministers and COSLA. The review was led by Angela Morgan.
The remit of the review was to consider the implementation of the legislation: across early learning and childcare centres, primary, secondary and special schools; the quality of learning and support; the different approaches to planning and assessment; the roles and responsibilities of support staff; and the areas of practice that could be further enhanced through better use of current resources to support practice, staffing or other aspects of provision.
The report outlines the approach taken, the evidence heard and draws out a number of interconnected themes in making recommendations for improvement. The report makes clear that there is ‘no fundamental deficit in the principle and policy intention of the Additional Support for Learning legislation and the substantial guidance accompanying it’. However, there are difficulties ensuring the implementation of this into practice.
The review’s evidence affirmed,
‘that despite the many dedicated, skilled and inspiring professionals who care deeply about children and young people with additional support needs, Additional Support for Learning is not visible or equally valued within Scotland’s Education system. Consequently, the implementation of Additional Support for Learning legislation is over-dependent on committed individuals, is fragmented and inconsistent and is not ensuring that all children and young people who need additional support are being supported to flourish and fulfil their potential.’
An action plan has been developed to support the reviews recommendations. The themes are below.
- Vision and visibility
- Mainstreaming and inclusion
- Maintaining focus, but overcoming fragmentation
- Resources
- Workforce development and support
- Relationships between schools and parents
- Relationships and behaviour
- Understanding rights
- Assurance mechanism
Select here to download the Summary report of the Support for Learning: All our Children and All their Potential.
Select here to download the Review’s Action Plan.
Select here to download the full review: Support for Learning: All our Children and All their Potential
1.1. Identification within the Scottish Context