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Advice for professionals in Scotland

Understanding parents’ and carers’ rights

Parents have a range of specific rights under additional support for learning law. The definition of ‘parent’ goes further than birth parent or anyone with parental responsibilities and parental rights. It includes anyone who cares for the child, which includes anyone they live with. So if a child lives with a foster carer, family member or prospective adopter, that person has the power to ask for the ASL Act to be applied.

To maintain strong relationships with families, it’s important that the professionals who support children with additional support needs understand parental rights. Enquire knows from many years of working with families that where professionals share information with parents about their rights,  it builds trust and a solid foundation for future partnership working.

Parents have the right to:

  • have their views listened to and be involved in decisions about their child’s education and support
  • have a supporter or advocate present at meetings about their child’s needs
  • ask the local authority to find out whether their child has additional support for learning needs
  • ask the local authority for a specific assessment of their child’s additional support needs
  • receive information or advice about their child’s additional support needs
  • ask the local authority responsible for their child’s education to find out whether their child requires a co-ordinated support plan (CSP)
  • ask their local authority for a specific assessment to find out if their child needs a CSP
  • be asked for their views and for them to be taken account in their child’s CSP
  • use the free independent ASL mediation service 
  • make a referral to the Additional Support Needs Tribunal
  • make a placing request
  • appeal against a local authority decision to refuse their placing request
  • request independent adjudication.

Our guide Additional support for learning: a guide for parents and carers provides more information about parental rights. It can be a helpful document to use as a professional, but also to share with parents and carers.

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