Q. What is the Children and Young People (Scotland) Act 2014?

 The Children & Young People (Scotland) Act 2014 was introduced to parliament in April 2013 and received its royal assent on 27th March 2014. The Act creates the legislative framework for reforms to the way in which children and their families are supported. The Act is founded on key principles of integration and those principles outlined under ‘Getting it right for every child’ (GIRFEC) a focus on wellbeing, improved outcomes through prevention, early detection and early intervention. The Act embeds the rights of children and young people across the public sector in line with the United Nations Convention on the Rights of the Child (UNCRC). 

Q. What are the statutory timescales for supporting transition arrangements for children and young people with additional support needs? 

Schools must seek and take account of relevant advice and information from other agencies no later than 12 months before a child or young person, who has additional support needs, is expected to have a change in school education or move on to post school provision.   For a pre-school child, the timescale is six months. Schools must identify the agencies (for example, receiving school, therapist services, colleges) that need information to meet the additional support needs of the child or young person as they move on.  Schools must pass on this information to them no later than six months before the transition.  For a pre-school child, the timescale is three months. If a child or young person is leaving or moving from a school and the school is unable to meet the above timescales, they must take necessary action as soon as is reasonably practicable.

Where a child or young person has a CSP, there is a legal requirement that the CSP must be reviewed by everyone involved at least every 12 months and all relevant information in the CSP must be included in the transition planning process. Where a child or young person has a CSP, the current CSP co-ordinator must discuss any anticipated change of statutory co-ordinator with the child, or young person and parents. This must be done as far in advance of the change as possible.  Any agencies involved must also be informed by the school.

Q. What are the three levels of the Child's Planning Framework? 

The Child's Planning Framework is a staged intervention model with three levels under which the additional support needs of children and young people are identified, assessed, planned for and met. The additional support needs and wellbeing needs of children and young people at the level of universal and additional will generally be met in mainstream schools. Children and young people who require targeted support often have needs that are required to be met in specialist provisions. The three levels of the Child’s Planning Framework are as follows: 

Universal : Additional support/ wellbeing needs are met in classroom by the class teacher. Differentiation/modification to the curriculum/environment may be required. Advice and support may be provided by Support for Learning staff or school nurse.  

Additional : A higher level of intervention required is over a sustained or planned period and may require support from other agencies out with the school e.g. Speech and Language Therapy, Children’s Services, Educational Psychology Service. Detailed planning is required and recorded in a Child’s Plan and/or Individualised Education Plan. 

Targeted: Children and Young People with significant and continuing level of need requiring multi-agency support e.g. Exceptional Needs in place; educated within a specialist provision; children looked after by Local Authority.   Detailed planning is required and recorded in a Child’s Plan and Individualised Education Plan. A Co-ordinated Support Plan may also be required.

Q. Are there any specific supports I need to consider for children and young people who are Looked After?

The Additional Support for Learning Act (2004) presumes that all Looked After children and young people have additional support needs, unless the Education Authority has completed an assessment and decided otherwise, based on this information. It is important to note that after an assessment this status may change if key factors in the child's or young person's life have altered such as their care placement or change of school. Schools must consider each year if a Looked After child or your person needs a Coordinated Support Plan (CSP). 

Q. What are the rights of parents and carers under the Additional Support for Learning legislation?

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.

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 and 

• request independent adjudication.

Q. How does East Lothian Council Support children under the age of three who may have a disability and / or complex additional support need?

A. East Lothian Council works closely with colleagues from other agencies and services who have contact with children in the first few years of life (e.g. family or hospital Doctor, a Health Visitor or a Social Worker). 

When information is received about a child who may have a disability and/or complex additional support need we will use this information to plan and support an appropriate transition into an Early Learning and Childcare (ELCC) setting.

When a child has been identified as having a disability or complex additional support needs before the age of 3 years they may be referred to the Early Years Education Resource Group.