Here you can find links to some of the key policy, legislation and guidance about the education of children with additional support needs in Scotland. This is not a complete list, so if you can’t find the information that you’re looking for here, you can contact the helpline team who will be able to point you in the right direction.
Government policy: the outcomes the Scottish Government are aiming for, and how they plan to reach these aims.
Legislation: the laws that set rules about education in Scotland.
Guidance: documents that explain how legislation and policies should work in practice. Some guidance is statutory (must legally be followed), and some advises on best practice.
Getting It Right For Every Child (GIRFEC)
Getting It Right For Every Child (GIRFEC) is the foundation for work with all children and young people in Scotland. A key element of GIRFEC is that all services working with children and young people must play their part in promoting, supporting and safeguarding their wellbeing. Detailed information about GIRFEC can be found on the Scottish Government website.
Children and Young People (Scotland) Act 2014
The Children and Young People (Scotland) Act 2014 is a key part of the Scottish Government’s strategy for making Scotland the best place in the world for children to grow up. It made several changes to the law covering lots of different areas. These include changes to early learning and childcare, free school meals for children in P1-3, and extra support for looked after children and care leavers. It also puts responsibilities on Scottish Ministers and public bodies to consider how they can promote children’s rights and requires them to report on their progress on this every three years.
Education (Additional Support for Learning) (Scotland) Act 2004, as amended
The Education (Additional Support for Learning) (Scotland) Act 2004, as amended, provides a framework for local authorities and other agencies to support all children with their learning. It introduced the concept of additional support needs, gave parents and pupils new rights, and placed duties on local authorities and other agencies. It also set in place the processes for resolving differences for families and authorities – mediation, dispute resolution and the Additional Support Needs Tribunal.
Education (Scotland) Act 1980
The Education (Scotland) Act 1980 sets out the basic legal framework for the provision of education in Scotland including the duties of local authorities and rights of parents.
Education (Scotland) Act 2016
The Education (Scotland) Act 2016 supports a range of improvements to Scottish education including: improving the attainment of pupils from poorer backgrounds; widening access to Gaelic medium education; giving children a voice in matters that affect them; and extending the rights of children with additional support needs.
Equality Act 2010
The Equality Act 2010 brought together over 116 separate pieces of legislation into one single Act. Combined, they provide a legal framework to protect the rights of individuals and advance equality of opportunity for all. Under the Equality Act 2010, it is unlawful for any education provider, including a private or independent provider, to discriminate between pupils on grounds of disability, race, sex, gender reassignment, pregnancy and maternity, religion or belief, or sexual orientation.
Standards in Scotland’s Schools etc. Act 2000
The Standards in Scotland’s Schools etc. Act 2000 sets out the rights of children to education (including children who cannot attend school because of ill-health or who have been excluded) and the related duties of education authorities. This includes a duty to make sure that a child’s education is directed to the development of their personality, talents and mental and physical abilities to their fullest potential. It also says that local authorities and schools must have due regard to children’s views in decisions that significantly affect them. This Act also introduced the policy of ‘presumption of mainstreaming’, i.e. that all children will be expected to attend mainstream school unless certain circumstances apply.
Children and Young People (Scotland) Act 2014
The Children and Young People (Scotland) Act 2014 is a key part of the Scottish Government’s strategy for making Scotland the best place in the world for children to grow up. It made several changes to the law covering lots of different areas. These include changes to early learning and childcare, free school meals for children […]
Education (Additional Support for Learning) (Scotland) Act 2004, as amended
The Education (Additional Support for Learning) (Scotland) Act 2004, as amended, provides a framework for local authorities and other agencies to support all children with their learning. It introduced the concept of additional support needs, gave parents and pupils new rights, and placed duties on local authorities and other agencies. It also set in place […]
Education (Scotland) Act 1980
The Education (Scotland) Act 1980 sets out the basic legal framework for the provision of education in Scotland including the duties of local authorities and rights of parents.
Education (Scotland) Act 2016
The Education (Scotland) Act 2016 supports a range of improvements to Scottish education including: improving the attainment of pupils from poorer backgrounds; widening access to Gaelic medium education; giving children a voice in matters that affect them; and extending the rights of children with additional support needs.
Equality Act 2010
The Equality Act 2010 brought together over 116 separate pieces of legislation into one single Act. Combined, they provide a legal framework to protect the rights of individuals and advance equality of opportunity for all. Under the Equality Act 2010, it is unlawful for any education provider, including a private or independent provider, to discriminate between pupils […]
Scottish Schools (Parental Involvement) Act 2006
The Scottish Schools (Parental Involvement) Act 2006 aims to make it easier for parents to become involved in their own child’s education and in their child’s school more generally.
Standards in Scotland’s Schools etc. Act 2000
The Standards in Scotland’s Schools etc. Act 2000 sets out the rights of children to education (including children who cannot attend school because of ill-health or who have been excluded) and the related duties of education authorities. This includes a duty to make sure that a child’s education is directed to the development of their […]
Additional support for learning: guidance on assessing capacity and considering wellbeing
Additional support for learning: guidance on assessing capacity and considering wellbeing was published by the Scottish Government in 2017. It relates to the specific rights of children aged 12-15 with additional support needs, which were extended in early 2018. The extension of their rights was accompanied by safeguards in the form of assessing their capacity, and considering the impact on their wellbeing. This guidance aims to help local authorities and schools understand the extended rights and make decisions on capacity and wellbeing.
Additional support for learning: statutory guidance
Early learning and childcare
The updated Early learning and childcare: statutory guidance was published by the Scottish Government in July 2021. The guidance is for local authorities and all involved in implementing and delivering early learning and childcare services.
Education of children unable to attend school due to ill health
‘Education of children unable to attend school due to ill health: guidance‘ was published by the Scottish Government in 2015. The purpose of this guidance is provide advice on the roles and responsibilities of local authorities, schools, hospitals and other services in relation to children unable to attend school due to ill health, to ensure that these children continue to learn whenever possible.
Home education
The Scottish Government’s Home Education Guidance (2008) explains the law on home education including the rights and responsibilities of parents and local authorities.
National guidance for child protection in Scotland
The Scottish Government’s National guidance for child protection in Scotland provides a framework for agencies and practitioners at local level to agree processes for working together to safeguard and promote child wellbeing.
Presumption to provide education in a mainstream setting
Presumption to provide education in a mainstream setting: guidance was published by the Scottish Government in 2019. It aims to help local authorities make decisions about school placements for children with additional support needs. It sets out the key features of inclusive education and practice, and gives guidance around how and when the exceptions apply to the presumption that all children should be educated in mainstream schools.
