It is important that all staff working with children with additional support needs in local authority schools and early learning and childcare settings are aware of local authority duties and parents, carers and children’s right under the Education (Additional Support for Learning) Scotland Act 2004 as amended (often referred to as the ASL Act).
Under the ASL Act, local authorities have specific duties to make sure that children and young people who have additional support needs are given the support they need to reach their full potential. While these duties lie with the local authority, it is often through their schools and early learning and childcare settings that they meet their responsibilities.
Local authority duties include:
- making arrangements to identify children with additional support needs
- complying with a parent’s request to assess their child unless certain circumstances apply (such as if they don’t think it is relevant to the child, or another assessment has been carried out recently)
- seeking and taking account of any advice or information parents or other agencies provide about a child’s needs during assessment or when deciding whether to open a co-ordinated support plan (CSP)
- providing “adequate and efficient” support for children with additional support needs if they attend a preschool or school in their local authority area, or a school in a different authority that they have placed a child in
- to provide a CSP for children who need one and keep it updated
- to provide appropriate support to a child if they are under 3 and have
- to monitor the support they are providing to a child to make sure it meets their needs
- to have arrangements in place for resolving disputes
- to publish and keep updated information about meeting children’s additional support needs.
From 2018 parts of the Getting it Right For Every Child (GIRFEC) framework will have legal duties attached as a result of the Children and Young People Act 2014. There will be a single planning approach for children who need support from services (called a Child’s Plan) and a single point of contact for every child (a Named Person). More information can be found on the Scottish Government website