Inclusion, equality, wellbeing and disability rights
This section covers what local authorities, schools and nurseries should do to make sure all pupils are included, treated fairly, and have their wellbeing supported and protected. These pages explain the laws and guidance that it’s helpful to know about to understand your child’s rights, and your rights.
Your child should have the chance to be involved and included in all aspects of nursery or school life. This page explains how your child’s school or nursery should be making this possible.
What does the law say about inclusive education in Scotland?
Your child has a right to the support they need to benefit fully from their education. This includes pupils in mainstream schools and nurseries, special schools and additional support bases or units (or a combination of these).
You can read more about this on our page What the law says about additional support for learning.
In Scotland, there is a ‘presumption of mainstreaming’. This means that local authorities must educate children in mainstream schools, unless certain exceptions apply. Because of this, all mainstream schools must be set up to be inclusive of pupils with additional support needs. Most pupils with additional support needs in Scotland attend mainstream schools.
The exceptions to this are where:
- A mainstream school wouldn’t suit your child’s ability or aptitude
- Educating your child in a mainstream school would negatively affect other pupils’ learning
- The cost of educating your child in mainstream would be unreasonably high.
If one or more of these apply, the local authority should consider placing your child in a specialist school or base/unit. You can read more about school placements in our website section on Where your child goes to school.
How should the school be including my child?
All schools and nurseries should do their best to make sure your child can be involved in all aspects of their education.
They should consider how inclusive they are in their:
- learning and teaching practices
- relationships with pupils
- values and attitudes.
The Scottish Government guidance Presumption to provide education in a mainstream setting: guidance (2019) has set out four key features of inclusion:
Schools and nurseries should provide your child with a learning environment that helps them to attend in person. If your child cannot attend school, the school could help them engage with learning in other ways (such as through digital technology).
Your child should:
- learn in environments which best meet their needs
- be fully engaged in the life of their school or nursery
- receive a full-time school education with flexible approaches to meet their needs.
Participating
Participation is about your child being involved in the wider school or nursery community, as well as doing schoolwork and homework. This includes taking part in trips, events and other extra-curricular activities.
Your child should:
- have their voices heard in decisions about their education, including on where they learn
- be able to take part and engage as fully as possible in all aspects of school or nursery life
- have the support they need to take part in their learning.
Achieving
The Standards in Scotland’s Schools etc. Act 2000 says that local authorities must make sure that your child’s education helps them develop their personality, talents and mental and physical abilities to their fullest potential.
Your child should:
- have help to do the best they can at school or nursery
- have access to a varied curriculum that meets their individual needs.
Supported
If your child needs extra help with their learning, for any reason, they have a right to receive the support they need to do their best at school or nursery.
Your child should:
- receive the right help, at the right time, from the right people and in the right place
- get help if they need it to take part in all aspects of school or nursery life
- get help to overcome barriers to learning and do the best they can.
What can I do if my child does not feel included?
If you or your child feel the school or nursery are not fully including them, you can ask for a meeting to discuss your concerns and agree on what steps will be taken to improve things.
One step the school may take is to create a wellbeing plan for your child. You and your child should be involved in creating this plan and it can be reviewed as and when needed.
It’s important that your child’s views are heard. If they don’t feel included and are unsure how to share this with the school, you could help them record how they are feeling and then share this with the school for them. You could record this through writing, drawing or video.
If your child is aged 12-15 and would like help in sharing their views, they could get in touch with My Rights My Say who support children in Scotland aged 12-15 with additional support needs to exercise their rights to be involved in decisions about their support in school.
Read more about what steps you can take on our page on Solving problems with school.
More like this
Getting the most from meetings
Meetings with your child’s school are a good way to hear about how your child is doing at school. Read on for helpful tips about how you can help to make meetings with your child’s school a positive experience.
Having a good relationship with school
Having a good relationship with school can help your child get the right support. From our many years of helping families we have pulled together some of the most useful advice to help you work with your child’s school.
Choosing the right school
It’s important you feel your child is going to a school that is able to meet their support needs, and where they’ll feel safe, included and happy. Find out more about choosing the right school.
Still have questions about additional support for learning?
Our Helpline staff can help.
About the Enquire Helpline