Last updated May 2006

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This factsheet is a brief guide to the procedures for identifying, assessing and making provision for children and young people who need additional help with their learning. It also outlines key legislation and further contacts and sources of information.

The educational framework for supporting children and young people with additional needs in Scotland changed in November 2005 when the Education (Additional Support for Learning) (Scotland) Act 2004 came into force. There will be a period of transition to the new system for children and young people who had a Record of Needs at that time. All children with a Record of Needs are automatically deemed to have additional support needs. The education authority will have up to 2 years to decide, on the basis of an assessment, whether children with a Record of Needs require a Co-ordinated Support Plan. During this time the existing level of support must be maintained. Where it is decided that a Co-ordinated Support Plan is not required, the new Act ensures that existing provision is preserved as a minimum for a further 2 years unless there is a change in the child's needs during that time. For some children and young people this could mean that the level of support they had in the previous system will be preserved for up to 4 years from the start of the new Act. The Future Needs Assessment of the old system is removed by the new Act. Transition to post school services automatically shifts to the new system.

The new Act introduces the wider concept of additional support needs and replaces the previous special educational needs system. Under the new law a child or young person is seen as having additional support needs if, for any reason, they would benefit from extra help with their learning. A child's education could be affected by a range of factors such as:

• A physical disability;
• A sensory impairment;
• A long term medical condition;
• Social, emotional or behavioural difficulties;
• A learning disability;
• Being particularly gifted;
• Having English as an additional language;
• Being a young carer or the sibling of a disabled child;
• Bullying;
• Bereavement.

There will be many other examples besides these. The effect these factors will have will vary from child to child. In all cases though, it is how they impact on each child's ability to learn that is important and this will determine the level of support required.

Education authorities have a duty to identify and support all children over the age of 3 who would benefit from extra help. They must also provide support for children under 3 if they have additional support needs because of a disability and have been referred by an NHS Board.

Do you think your child may have additional support needs?

It is important that additional support needs are identified as early as possible so that appropriate support can be put in place.

As a parent you could be the first person to notice that your child might need extra help with their learning. You can discuss your concerns with any professional who is already involved with your child, for example their class teacher, social worker, health visitor or GP. You also have the right to ask your education authority to carry out an assessment to see if your child has additional support needs.

Professionals working with your child may pick up on a need for additional support. They should discuss any concerns with you and involve you throughout.

Education authorities have a duty to seek and take account of the views of parents and you should be fully involved in making decisions about additional support for your child.

As a parent you have knowledge and expertise and you will know well your child's strengths and needs. Your observations of your child's behaviour at home and his or her responses to a wide range of experiences are an essential source of information for professionals.

Often generic professionals in Health, Education and Social Work do not have knowledge of a particular condition or the impact of the condition on a child's development and learning. This is especially the case when the condition is rare. Often parents come to be main source of information about the particular condition for professionals working with their child.

Contact a Family produces a directory of specific conditions and rare disorders. Contact the helpline for information 0808 808 3555.

Children and young people's involvement

Education authorities must also seek and take account of the views of children and young people. Your child should be involved in making decisions about their education including setting learning targets, contributing to the assessment of their needs, and transition processes. Some children and young people may need extra support and time to express their views and this should be provided.

Parents and children may have different views and it is important that both have their views listened to and recorded with respect for any differences of opinion.

Assessments of your child's abilities and needs may be carried out in a number of ways. Some of these will be informal observations by nursery staff and teachers during the normal nursery or school day. If your child's needs are more complex then other more formal assessments or examinations might be used. Examples include:

• An assessment by an educational psychologist of a child's difficulties in learning;
• A social worker looking at how issues at home are affecting a child's education;
• A speech and language therapist carrying out an examination of a child's communication difficulties;
• An assessment for a particular condition such as ADHD or Dyslexia.

Again, your knowledge and expertise as a parent will be important and you should be involved in the assessment process. You have the right to request an assessment and to specify the type of assessment. You should do this in writing explaining why you think the assessment is needed. The education authority must comply with your request unless it considers it to be unreasonable - if it does, it must tell you why.

Providing additional support

Depending on your child's needs, additional support might be provided in a range of ways:

• A classroom assistant providing one-to-one support,
• Working in small groups,
• 'Buddy' support from an older child,
• Adapting the curriculum,
• Input from a physiotherapist or speech and language therapist,
• Attending a specialist unit or special school.

The way that your child's additional support is planned and monitored will depend on his or her needs. Personal learning planning (PLP) should be used with all children who have additional support needs. This involves teachers working with parents and children to set goals for a child's educational development, regularly reviewing progress and the effectiveness of additional support. For some children an individualised educational programme (IEP) might be required. This may be used where there is a significant adaptation of the curriculum or to help co-ordinate input from a social worker or health professional. It is a written document and should be detailed and specific. Again you and your child should be fully involved in setting goals, deciding on the type of support provided, and following progress.

The Co-ordinated Support Plan (CSP)

If your child has more complex needs a co-ordinated support plan (CSP) might be required to organise the support they receive. Unlike personal learning planning and the individualised educational programme, the co-ordinated support plan is a legal document which details the support your child needs and how this will be organised. It is intended to ensure better co-ordination of services from education and other agencies like health and social work. For a co-ordinated support plan to be considered all the following criteria must be met:

• Your child's support needs result from complex or multiple factors which are having a significant impact on his or her ability to learn,
• Your child's needs are long term and are likely to continue for more than a year,
• Significant additional support from the education authority and one or more appropriate agencies such as social work or health is required.

Professionals working with your child may request that a co-ordinated support plan is prepared for your child. As a parent, you have the right to ask the education authority to establish whether your child requires a co-ordinated support plan - you should do this in writing. Once a request has been received the education authority has 4 weeks in which to decide whether or not to prepare a plan. If it decides not to prepare a plan it must give reasons.

The education authority should prepare a co-ordinated support plan within 16 weeks. It may take a little longer if, for example, the results of a particular assessment will not be available in time and the education authority must tell you if there will be a delay. However, the process should not take longer than 24 weeks. The education authority must seek and take account of your and your child's views in preparing the plan.

What is in the Co-ordinated Support Plan?

A co-ordinated support plan includes information about:

• Your child's abilities;
• Why your child has additional support needs;
• Educational objectives for your child;
• The additional support your child needs - this should be clear, specific and, where possible, quantified e.g. small group teaching for three 45 minute sessions per week,
• Who will provide the additional support,
• What you and your child think about the plan,
• The person responsible for co-ordinating your child's plan.

Once in place your child's co-ordinated support plan should be reviewed every 12 months. However, if, at any time, you think there has been a significant change in your child's additional support needs you can ask the authority to review the plan earlier.

As a parent of a child with additional needs you should be involved in deciding where your child is educated. This could be at the local school, a mainstream school with a special unit, a special school or residential school. You also have the right to educate your child at home. Most children with additional needs will attend their local mainstream school. Under the Standards in Scotland's Schools etc Act 2000 all children must be included in mainstream school unless this would be unsuited to a child's abilities and needs, there would be an adverse affect on other pupils, or it would incur unreasonable costs.

If you would prefer your child to attend a school other than the local school or a school recommended by the education authority, you can make a placing request for your child to attend a different school. This could be:

• Any school or pre-school managed by an education authority in Scotland;
• An independent nursery which works in partnership with an education authority in Scotland;
• An independent special school or a grant-aided special school in Scotland;
• A school in England, Wales or Northern Ireland that provides wholly or mainly for children with additional support needs.

You can make a placing request at any stage of your child's education by writing to the education authority which runs your chosen school, or to your own education authority if your preferred school is an independent or grant-aided special school. The education authority must comply with your request except in certain circumstances. Your placing request may be refused if, for example, you have specified an independent special school and the education authority says it can make suitable provision in one of its own schools, or if complying with your request would mean employing another teacher. If your placing request is refused there is a right of appeal. Appeals are heard by an education appeal committee. There is a further parental right of appeal to the Sheriff Court. If your child has a co-ordinated support plan your appeal will go to the Additional Support Needs Tribunal.

All children and young people move through different stages in their school education, for example entry to pre-school provision, the move from primary to secondary and moving to a school in another area. At these times early planning and clear communication between everyone involved in supporting your child is important. You and your child should be involved in the planning process and your views taken into account.

Education authorities should begin planning for changes in school education earlier than 12 months before the change. This will include asking for and taking account of advice and information from other agencies such as health and social work. The education authority is required to pass information on to schools and other agencies at least 6 months before the change. In the case of entry to pre-school provision planning should start at least 6 months before and information should be passed on at least three months before your child starts.

Planning for leaving school should begin at least 12 months before a child or young person is expected to leave school. Education authorities must request information from agencies likely to be involved with the child or young person on leaving school such as Careers Scotland or a further education college. It must pass on information to such agencies no later than 6 months before the expected leaving date.

It must also seek and take account of both your and your child's views and the school must make sure that your child has information about post-school options such as training or work placements, and further or higher education. If you child has a co-ordinated support plan the co-ordinator will take the lead in transition planning.

See also our factsheet entitled 'Post-16 Transition in Scotland' available by ringing our freephone helpline 0808 808 3555.

As a parent you should be encouraged to be fully involved in decisions about your child's additional support needs. It is hoped that by developing a relationship and ongoing dialogue with the professionals working with your child it should be easier to sort out any disagreements informally. However, if it feels that a solution cannot be reached there are a number of options available.

Every authority must make provision for free, independent mediation services. This is a way of resolving differences and building a more positive relationship with the help of an impartial third person. A mediator will meet separately with you and with someone from your child's school or education authority to help clarify issues, concerns and desired outcomes for each party. After that, both parties meet together with the mediator to work towards a mutually agreed solution. Parents may bring a supporter or advocate - see the section, Support for Parents. The mediation process is voluntary. You are encouraged to use mediation as a first option but there is no obligation to do so.

If a child does not have a co-ordinated support plan and the dispute does not relate to issues around co-ordinated support plans then it can be referred to independent adjudication. This is where an independent expert reviews the case and makes a decision or a series of recommendations. Independent adjudication is a paper exercise although the adjudicator may ask either party for further information. The process is not legally binding but both parents and the education authority are expected to accept the outcome. You can make a referral to independent adjudication when, for example:

• You disagree with the education authority's decision that your child does not have additional support needs;
• There is disagreement about the level of support your child needs;
• You disagree about the level of provision your child is getting;

Independent adjudication does not cover disagreements relating to placing requests or matters that can be taken to the Additional Support Needs Tribunal.

If you have a dispute with the education authority on issues relating to a co-ordinated support plan for your child you have the right to appeal to the Additional Support Needs Tribunals. You can make a reference to the Tribunals when you disagree with the education authority's decision to:

• Prepare or not prepare a co-ordinated support plan;
• To continue or discontinue a co-ordinated support plan following a review;
• Refuse your request to establish whether your child requires a co-ordinated support plan;
• Refuse your request to review your child's co-ordinated support plan;
• Refuse your placing request (only if your child has a co-ordinated support plan or one is being prepared).

You can also appeal if:

• You are unhappy with the information in your child's plan;
• The education authority is taking too long to decide whether a plan is needed, prepare a plan, or review a plan.

You must make a reference to the Tribunals within 2 months of the date the education authority gave its final written decision or failed to do something the law says it should. You should get a decision from the Tribunal within 3-4 months of the date you made your referral. It will be 4-5 months if the process extends through the month of July.

The Tribunals are independent of both local and national government and are made up of people who have expertise in additional support needs. The Tribunal hearing aims to be informal and parent-friendly and you can bring a supporter or advocate with you. You may wish to use mediation services beforehand but there is no requirement to have done so.

Further information about the Tribunals process is available from the Additional Support Needs Tribunal for Scotland helpline 0845 120 2096.

Education (Scotland) Act 1980

Under this Act education authorities have a duty to provide school education, including pre-school education in their area. It requires parents to ensure that their children receive education but gives them the right to choose how and where their child is educated. S.14 of the 1980 Act provides for a duty to provide alternative education to pupils unable to attend school due to ill-health or when excluded from school. Previous references to special educational needs have been repealed by the Education (Additional Support for Learning) (Scotland) Act 2004.

Disability Discrimination Act 1995 as extended in 2001

The Act makes it unlawful for people who provide goods, facilities or services to the public to discriminate against disabled people. The DDA defines disability as 'a physical or mental impairment, which has a substantial and long-term adverse effect on a person's ability to perform normal day-to-day activities'. This includes a range of conditions, for example mobility and sensory difficulties, mental health issues, epilepsy, AIDS, diabetes and muscular sclerosis. It is against the law for schools to discriminate against a disabled child for a reason relating to their disability in:

• Admissions (unless this is part of a permitted form of selection);
• Education and associated services, including schools trips, the curriculum, teaching and learning and school sports;
• Exclusions.

A school would be classed as discriminating against a child if a child is treated less favourably for a reason relating to their disability and this cannot be justified. Also, discrimination includes where the school failed to take reasonable steps to ensure a child is not at a substantial disadvantage compared to other children.

More information about education and disability discrimination, including the leaflet 'Guide for Parents' and the 'Code of Practice for Schools', are available from the Disability Rights Commission.

The Standards in Scotland's Schools etc. Act 2000

This gives Scottish pupils the right to education for the first time.

Section 15 establishes the presumption to mainstream provision. It is the intention of the Act to establish the right of all children and young people to be educated alongside their peers in mainstream schools unless there are good reasons for not doing so. These should only be invoked in exceptional circumstances. There is discretion for educational authorities to provide education in a mainstream school even where exceptional circumstances arise.

The Administration of Medicines in Schools 2001 (Scottish Executive Guidance)

This guidance has been written to clarify the respective responsibilities of the health service and education authorities and schools on managing health care in schools and on the administration of medicines in schools.

The main points from the guidance are:

• Health boards are responsible for ensuring local protocols and procedures (including training) are in place;
• School Health Care Plans should be written for individual pupils;
• Education authority public liability insurance will provide indemnity against legal liability.

Education (Disability Strategies and Pupil's Records) (Scotland) Act 2002

Schools and education authorities have a duty to plan to improve access to schools for pupils with disabilities in the following areas:

• The school environment - e.g. induction loops, wheelchair access, seating, arrangements for break times, and after school clubs,
• The curriculum - e.g. accessible teaching approaches and strategies, materials in Braille, large print and cassette, arrangements for school trips and arrangements for exams;
• Information normally provided in writing by the school - e.g. school handbooks, general school information and display charts in the preferred format of the pupil.

Duties apply to schools, nursery schools and pre-school education in non-school centres for which the education authority is responsible, independent schools and grant-aided schools. The plans are available from the education authority for anyone who wishes to see them.

The Education (Additional Support for Learning) (Scotland) Act 2004

This Act introduces the concept of Additional Support for Learning and replaces the special educational needs system. Education authorities have a duty to identify and support all children who could benefit from extra help with their learning. The accompanying guidance - Supporting Children's Learning (Code of Practice) 2005 - explains how the Act should be implemented. It details the duties and responsibilities of education authorities and other agencies such as NHS boards and social work services, as well as the rights of parents and young people. Examples of good practice are given.

Contact a Family Scotland has information on local and Scottish national parent support groups. Most large Scottish charities and organisations that deal with different disabilities have their own education advisors or produce guides to various aspects of education. For further details about these organisations contact our Edinburgh office on Tel: 0131 475 2608 or our freephone Helpline on 0808 808 3555.

Additional Support Needs Tribunals for Scotland Tel: 0845 120 2906 e-mail: inquiries@asntscotland.gov.uk Web: http://www.asntscotland.org.uk Produce a guide to the Tribunals for parents and for young people.

Disability Rights Commission Tel: 08457 622 633 Helpline Text: 08457 622 644 Web: http://www.drc-gb.org Provides advice, conciliation and legal enforcement services.

Education Law Unit - Govan Law Centre Tel/Minicom: 0141 445 1955 e-mail: advice@edlaw.org.uk Web: http://www.edlaw.org.uk and http://www.additionalsupportneeds.org.uk An expert legal resource in the field of school education, with a particular focus on the rights of disabled pupils and pupils with additional support needs.

Enquire - The Scottish Advice Service for Additional Support for Learning Tel: 0845 123 2303 Helpline Text: 0131 22 22 439 Web: http://www.enquire.org.uk Produces 'The parents' guide to additional support for learning' as well as a series of booklets for young people.

ISEA (Scotland) Tel: 0131 454 0144 e-mail: isea@isea.org.uk Web: http://www.isea.org.uk Independent advocacy across Scotland.

RESOLVE: ASL Tel: 0131 222 2456 e-mail: smitchell@childreninscotland.org.uk Independent mediation service.

Respect Mediation Tel: 0141 445 1955 e-mail: mediation@edlaw.org.uk Web: http://www.edlaw.org.uk/mediation Independent mediation service.

Schoolhouse Tel: 01307 463 120 Web: http://www.schoolhouse.org.uk Support for home based education.

Scottish Child Law Centre Tel: 0131 667 6333 Tel: 0800 328 8970 - Helpline for under-18s e-mail: enquiries@sclc.org.uk Web: http://www.sclc.org.uk Independent legal advice.

SKILL Scotland Tel: 0800 328 5050 Helpline Tel: 0131 475 2348 Text: 0800 068 2422 e-mail: admin@skillscotland.org.uk Web: http://www.skill.org.uk Information and advice for people with disabilities in post 16 education, training and employment, and those who work with them.