Views sought on support needs laws

Government wants to strengthen Additional Support for Learning Act

News, 9 May 2008

The Scottish Government is seeking views on proposals to strengthen the rights of children with additional support needs and their parents.

A consultation launched today on amendments to the Additional Support for Learning (Scotland) Act 2004 includes consideration of:

the rights of young people and parents of children with additional support needs to make out-of-area placing requests;
following a successful out-of-area placing request, parental and young people's access to mediation and dispute resolution from the host authority;
increased parental and young people's rights in respect of access to the Additional Support Needs Tribunals for Scotland (ASNTS) regarding failures by the education authority.

The proposed amendments being consulted on are to the Education (Additional Support for Learning) (Scotland) Act 2004.

The Government proposes to introduce two new grounds for appeal where problems have prevented young people and parents from being able to submit references to the ASNTS where:

the education authority fails to acknowledge a parental (or young person's) request to establish whether the young person requires a co-ordinated support plan (CSP); or
the education authority has issued its proposal to establish whether a child or young person requires a CSP, and 16 weeks later it has failed to issue a decision either way.

Cabinet Secretary for Education Fiona Hyslop said: "I believe that the [Additional Support for Learning] Act introduced by the last Government needs strengthened and the proposals we have brought forward will identify and help more children who need it.

"It is also important to remember the ASL Act is not just about helping pupils with learning difficulties. The Act extends provision to include pupils who, for whatever reason, need support to access and benefit from school.”

The consultation document is to be sent to interested parties. In addition, Children in Scotland will host eight consultation events throughout Scotland during the week beginning 2 June. Responses are invited by 19 June.