New Additional Support Rights For Children

11th November 2010

The rights of children with additional education support needs will be strengthened on Sunday (November 14) when the Education (Additional Support for Learning)(Scotland) Act 2009 comes into force.

It will ensure that children and young people with additional support needs and their parents can make out of the area placing requests for specific schools and receive mediation and dispute resolution help following such requests. It will also increase parents' access to the Additional Support Needs Tribunals for Scotland (ASNTS) if a placing request is refused.

Curriculum for Excellence, being implemented in schools across Scotland, is designed to ensure that all pupils get the most of their education to achieve their full potential. This legislation will help ensure that the additional support which some children and young people need to help them learn, is provided.

Children's Minister Adam Ingram said:

"The Additional Support for Learning Act 2004 placed a duty on local authorities to meet the needs of all children who require additional support to get the most out of their education.

"This new legislation with further strengthen the rights of children with additional support needs, by ensuring that when and where their parents consider their needs could best be met in a different council area, they can make such requests.

"It will also ensure that if such requests are refused, parents are given the help required to try and resolve this in the best interests of their child."

The Scottish Government has meanwhile recently announced that Barnardo's Scotland, in partnership with the Scottish Child Law Centre, have been awarded the contract to provide free lay and legal advice to families and young people who appeal to the ASNTS against education authorities' decisions regarding the provision of educational support, such as out of area placing requests.


Background

For additional support for learning case studies see: www.scotland.gov.uk/aslcasestudies

For further information on the previous of the 2004 Act and 2009 Act see: http://www.scotland.gov.uk/Topics/Education/Schools/welfare/ASL

This also includes a circular issued to local authorities last year setting out their responsibilities in relation to the new legislation.

For further information on the recent ASNTS announcement relating to Barnardo's Scotland and the Scottish Child Law Centre see: http://www.scotland.gov.uk/News/Releases/2010/10/25135903