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Publication - Guidance

Additional support for learning: statutory guidance 2017

Published: 20 Dec 2017
Part of:
Children and families, Education, Law and order
ISBN:
9781788515160

Statutory guidance to the Education (Additional Support for Learning) (Scotland) Act 2004 as amended.

185 page PDF

4.5MB

185 page PDF

4.5MB

Contents
Additional support for learning: statutory guidance 2017
Footnotes

185 page PDF

4.5MB

Footnotes

1. http://www.legislation.gov.uk/asp/2004/4/contents

2. http://www.legislation.gov.uk/asp/2009/7/contents

3. http://www.legislation.gov.uk/asp/2014/8/contents

4. http://www.legislation.gov.uk/asp/2016/8/contents

5. The commencement of amendments from the 2016 Act, to “the Act” will take place in January 2018.

6. A definition of appropriate agencies can be found on page 13.

7. See policy section in Annex A.

8. http://www.gov.scot/Resource/0048/00487884.pdf

9. https://www.education.gov.scot/what-we-do/Embedding%20inclusion,%20equity%20and%20empowerment

10. http://enquire.org.uk/

11. Further information on qualifying benefits, http://www.earlylearningandchildcare.scot/who-qualifies/

12. http://www.legislation.gov.uk/asp/2016/8/schedule section 29

13. The Act treats the term “education authority” as a plural term and for the sake of consistency the code adopts this convention

14. ‘Certain disabled children under the age of 3 years’ refers to a child under school age (unless the child is a prescribed pre-school child),a child that belongs to the authority’s area, and at child that appears to have additional support needs arising from a disability (within the meaning of the Equality Act 2010 which the child has.

15. Reference: Guidance for addressing the needs of highly able pupils, The University of Glasgow - http://www.gla.ac.uk/media/media_138127_en.pdf

16. Within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c.36)

17. http://www.legislation.gov.uk/ukpga/1980/44/section/30

18. Dispute resolution is used is used here to mean specifically the arrangements outlined in The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 and discussed in detail in chapters 4 and 9.

19. http://www.education.gov.scot/documents/btc3.pdf

20. http://www.gov.scot/Topics/Statistics/Browse/Children/EducOutcomesLAC

21. http://www.gov.scot/Topics/People/Young-People/protecting/lac/lacimprovingoutcomes/corporate-parenting

22. http://www.legislation.gov.uk/asp/2014/8/contents

23. See glossary for the definition of a special school

24. The term “significant additional support” is discussed in chapter 5, as one of the criteria for a child or young person requiring a co-ordinated support plan

25. As a consequence of the Supreme Court judgment on Named Person provisions, Parts 4 and 5 of the 2014 Act did not come into force as planned on 31 August 2016. Implementation was paused so that the Scottish Government could take steps to make the necessary changes to the information sharing provisions in the Act, working in partnership with stakeholders.

26. How good is our school? ( HGIOS) Fourth Edition https://education.gov.scot/improvement/frwk2hgios

27. Included, Engaged and Involved Part 2: A Positive Approach to Preventing and Managing School Exclusions http://www.gov.scot/Publications/2017/06/8877

28. As successful learners, confident individuals, effective contributors and responsible citizens

29. http://www.scotland.gov.uk/Resource/Doc/257007/0076309.pdf

30. While parental agreement to assessment and action should be sought other than exceptionally, circumstances may arise where an authority will have to take action without parental consent; see chapter 5, paragraph 24.

31. As a consequence of the Supreme Court judgment on Named Person provisions, Parts 4 and 5 of the Act did not come into force as planned on 31 August 2016. Implementation was paused so that the Scottish Government could take steps to make the necessary changes to the information sharing provisions in the Act, working in partnership with stakeholders.

32. http://www.gov.scot/Topics/People/Young-People/gettingitright/lead-professional

33. http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

34. The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005

35. http://www.scotland.gov.uk/Resource/Doc/37432/0011167.pdf

36. The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005

37. http://www.scotland.gov.uk./Publications/2009/05/08155445/0

38. In the context of the Skills Development Scotland Equalities Action Plan for Modern Apprenticeships in Scotland, care leaver includes young people still in care and considering there transitions into work.

39. www.gov.scot/Topics/People/Young-People/gettingitright/wellbeing

40. The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005 http://www.legislation.gov.uk/ssi/2005/264/contents/made

41. Reference: Guidance from Scottish Executive Health Department to NHS Boards 6 December 2004

42. The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005

43. See glossary for definition of eligible pre-school children

44. See glossary for explanation of grant-aided schools

45. https://education.gov.scot/parentzone

46. https://education.gov.scot/Documents/cfe-briefing-5.pdf

47. https://education.gov.scot/Documents/cfe-briefing-13.pdf

48. The Looked After Children (Scotland) Regulations 2009

49. See glossary

50. http://www.legislation.gov.uk/asp/2000/6/crossheading/requirement-for-mainstream-education

51. Education authorities have the power to enable children and young people with additional support needs to attend certain establishments outside the United Kingdom (see chapter 9, paragraph 5)

52. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005

53. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005

54. This refers to the circumstances where an authority have an arrangement with a private provider for the purposes of section 35 of the 2000 Act

55. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 (S.S.I. 2005/501)

56. These are: any other local authority, any NHS Board, Skills Development Scotland, further education colleges and higher education institutions in Scotland – ref:s2(1)(d)

57. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 - http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050518.htm

58. http://www.scotcourts.gov.uk/opinions/2007CSIH52.html

59. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518) as amended

60. http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

61. The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005 ( SSI 2005/26)

62. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

63. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

64. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

65. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

66. Curriculum for Excellence Benchmarks and Experiences and Outcomes https://education.gov.scot/improvement/curriculum-for-excellence-benchmarks

67. Regulation 7 - The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

68. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

69. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

70. Regulation 7 - The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

71. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

72. http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

73. The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005

74. http://www.legislation.gov.uk/ssi/2005/265/contents/made

75. Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, reg 3

76. How good is our school? ( HGIOS) Fourth Edition https://education.gov.scot/improvement/frwk2hgios

77. Principles of Good Transitions 3: https://scottishtransitions.org.uk/summary-download/

78. Reference: http://www.gov.scot/Resource/0040/00408815.pdf

79. Reference: http://www.gov.scot/Resource/0045/00456919.pdf

80. Reference: http://www.gov.scot/Publications/2006/06/13100205/0

81. Reference: http://www.gov.scot/Topics/Education/skills-strategy/progress/sg/economicimprovement/16PlusLearningChoices

82. In this quotation the term “young person” refers to pupils of secondary school age rather than the definition used in the Act.

83. https://www.skillsdevelopmentscotland.co.uk/news-events/2016/august/latest-participation-measure-statistics-published/

84. http://www.gov.scot/Publications/2015/09/9403

85. https://www.education.gov.scot/Documents/DYW_WorkPlacementStandard0915.pdf

86. https://www.education.gov.scot/Documents/dyw2-career-education-standard-0915.pdf

87. http://www.gov.scot/Publications/2014/12/7750/10

88. www.enquire.org.uk

89. http://www.opsi.gov.uk/legislation/scotland/ssi2003/20030608.htm

90. http://www.legislation.gov.uk/ssi/2015/62/contents/made

91. http://www.gov.scot/Resource/Doc/148166/0039411.pdf

92. http://www.autismtoolbox.co.uk/

93. http://addressingdyslexia.org/

94. http://mycommpass.com/mycommpassdownlo.html

95. http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

96. https://www.scld.org.uk/publications/scottish-good-practice-guidelines-for-supporting-parents-with-learning-disabilities/

97. Scottish Independent Advocacy Alliance provides information on the role of advocacy https://www.siaa.org.uk/

98. http://www.legislation.gov.uk/asp/2004/4/section/14A

99. http://www.enquire.org.uk/

100. http://www.scotland.gov.uk/Publications/2006/09/08094112/0

101. www.scottishmediation.org.uk

102. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005

103. These are: any other local authority, any NHS Board, Skills Development Scotland, all colleges of further education and all institutions of higher education in Scotland

104. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005, regulation 4

105. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005, regulation 7

106. http://www.scotcourts.gov.uk/the-courts/the-tribunals/about-scottish-tribunals

107. Under section 15, Standards in Scotland's Schools etc. Act 2000

108. As determined by The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005

109. http://www.gov.scot/Publications/2015/04/7781

110. The young carer statement will come into force 1 April 2018.

111. http://www.gov.scot/Topics/Statistics/Browse/Children/EducOutcomesLAC

112. http://www.gov.scot/Publications/2007/01/15084446/0

113. http://www.gov.scot/Publications/2008/08/29115839/0

114. http://www.wecanandmustdobetter.org/

115. http://www.gov.scot/Publications/2008/09/09143710/0

116. http://dera.ioe.ac.uk/241/1/ischgiocp.pdf

117. http://www.gov.scot/Publications/2015/08/5260

118. http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050518.htm

119. http://www.scotcourts.gov.uk/opinions/2007CSIH52.html

120. As a consequence of the Supreme Court judgment on Named Person provisions, Parts 4 and 5 of the 2014 Act did not come into force as planned on 31 August 2016. Implementation was paused so that the Scottish Government could take steps to make the necessary changes to the information sharing provisions in the Act, working in partnership with stakeholders.

121. As a consequence of the Supreme Court judgment on Named Person provisions, Parts 4 and 5 of the 2014 Act did not come into force as planned on 31 August 2016. Implementation was paused so that the Scottish Government could take steps to make the necessary changes to the information sharing provisions in the Act, working in partnership with stakeholders.

122. http://www.legislation.gov.uk/asp/2016/8/schedule section 29


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