Education (Additional Support for Learning) (Scotland) Act 2009

Some children need extra support to help them learn. This might be because of reasons like temporary medical conditions, family circumstances, bullying, language and communication disorders or sensory impairment. These needs can be short or long-term.

The Education (Additional Support for Learning) (Scotland) Act 2004 provided a framework for local authorities and other agencies to support all children. It came into force in November 2005 and its main provisions introduced:

• establishing the concept of additional support needs
• placing new duties on local authorities and other agencies
• setting out rights for parents
• establishing mechanisms for resolving differences for families and authorities, mediation, dispute resolution
• establishing the Additional Support Needs Tribunals Scotland.

The 2009 Act was passed by the Scottish Parliament on 20 May 2009 and came into force on 14 November 2009. The amendments relate, among other things, to:

• the rights of parents to make out of area placing requests
• following a successful out of area placing request parental access to mediation and dispute resolution from the host authority
• increased parental rights in respect of access to the Additional Support Needs Tribunals for Scotland (ASNTS)
• the provision of a new ASNTS national advocacy service.

In addition the 2009 Act:

• automatically deems that all looked after children and young people have additional support needs unless the education authority determine that they do not require additional support in order to benefit from school education
• education authorities must consider whether each looked after child or young person for whose school education they are responsible requires a co-ordinated support plan (CSP).