Education policy, legislation & guidance links

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.

Curriculum for Excellence

Curriculum for Excellence provides the framework for learning and teaching in Scotland. Detailed information can be found on the Scottish Government website and the Education Scotland website.

Delivering Excellence and Equity in Scottish Education: A Delivery Plan for Scotland

Delivering Excellence and Equity in Scottish Education: A Delivery Plan for Scotland (2016) sets out the Scottish Government’s plans for improving educational outcomes for all pupils.

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.

National Improvement Framework

The 2019 National Improvement Framework and Improvement Plan sets out the actions the Scottish Government and partners will take to drive improvement for children and young people. There is also a five page summary document available.

Opportunities for All: supporting all young people to participate in post-16 learning, training or work

‘Opportunities for All: supporting all young people to participate in post-16 learning, training or work‘ describes the aim, principles and delivery mechanisms of the Scottish Government’s commitment to learning or training for all 16-19 year olds.

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.

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 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

Education (Additional Support for Learning) (Scotland) Act 2004, as amended

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

Equality Act 2010

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

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

The Supporting Children’s Learning: Statutory Guidance on the Education (Additional Support for Learning) Scotland Act 2004 (as amended) (Third Edition) 2017 explains the duties on education authorities and other agencies to support children’s and young people’s learning.

This is the third edition of the code and replaces all previous versions.

Choosing a school: a guide for parents

Choosing a school: a guide for parents (2016) is the Scottish Government’s guide for parents on the placing request system, and advice on choosing a school.

Early learning and childcare

The Early learning and childcare: statutory guidance was published by the Scottish Government in 2014. 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.

Improving educational outcomes for children and young people from travelling cultures

Improving educational outcomes for children and young people from travelling cultures: guidance was published by the Scottish Government in 2018. The guidance is for local authorities, schools, early learning and childcare settings to help support children, young people and their families to engage in education.

Included, Engaged and Involved Part 1: Promoting and Managing School Attendance

‘Included, engaged and involved part 1: promoting and managing school attendance‘ was published by the Scottish Government in 2019, replacing the previous version. It describes the importance of good attendance, and sets out how different types of authorised and unauthorised absence should be managed.

Included, Engaged and Involved Part 2: A Positive Approach to Preventing and Managing School Exclusions

Included, Engaged and Involved Part 2: A Positive Approach to Preventing and Managing School Exclusions (2017) is the Scottish Government’s guidance for local authorities and schools on managing school exclusions. The guidance gives a strong focus on approaches that can be used to prevent the need for exclusion. It also explains the processes that must be followed prior to, during, and after an exclusion from school.

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.

Planning improvements for disabled pupils’ access to education

‘Pla nning improvements for disabled pupils’ access to education: Guidance for education authorities, independent schools and grant-aided schools‘ is 2014 Scottish Government guidance for all local authorities and independent and grant-aided schools on their duties to develop and maintain Accessibility Strategies. Accessibility Strategies must set out how improvements will be made over time to: access to the curriculum; physical accessibility of schools; and information for and communication with disabled pupils. Download this from the Scottish Government site.

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.

Respect for All: National approach to anti-bullying

Respect for All: National approach to anti-bullying was published by the Scottish Government in 2017. This guidance is for schools and local authorities to help them to effectively prevent and deal with bullying.

It is accompanied by supplementary guidance on Recording and monitoring of bullying incidents in schools, which sets out a consistent and uniform approach to be used across Scotland.

Supporting children and young people with healthcare needs in schools

‘Supporting children and young people with healthcare needs in schools: guidance‘ was published by the Scottish Government in 2017. It sets out the responsibilities of schools, local authorities and NHS boards in meeting the healthcare needs of pupils.