Supporting Children's Learning Code of Practice and associated regulations: consultation analysis

Regulations

1. Respondents were asked whether each of the draft regulations were appropriate. If they were not felt to be appropriate, suggestions for improvement were sought. In summary (further detail is set out below) no amendments to any of the regulations were sought as a result of the consultation.

The Section 70 (Procedure) (Scotland) Regulations 2017

2. These regulations ^[8] specify the timescale for the consideration of a section 70 complaint to Ministers, and are intended to reduce the time taken by all parties in completing a complaint whilst also maintaining robust consideration of complaints. The Regulations establish a maximum timescale within which complaints will be concluded. Wherever possible, complaints will be concluded well within this timescale, it is not intended that all complaints will reach the maximum timescale.

3. At present, there are no statutory timescales in relation to the section 70 process. Currently officials are holding themselves to account within the proposed timescales (within the Section 70 Regulations, detailed below) voluntarily.

4. The Regulations provide that Scottish Ministers must establish if a complaint received under section 70(1) of the 1980 Act is a "relevant complaint" within 15 working days beginning with the date of receipt of the complaint. If it is established that it is a relevant complaint, Scottish Ministers must reach a determination as to whether to make an order under section 70(1) of the 1980 Act within 105 working days beginning with the date of receipt of the complaint.

5. The details of the timescale will be clarified in guidance which has been published for consultation ^[9] , and will be available in advance of the commencement of the new provisions. It will apply to all parties concerned in dealing with a complaint (parents, education authorities, SG officials, Education Scotland (if an investigation of the complaint is required), and legal advisers.

6. No amendments made as a result of the consultation, as responses were positive, with no edits being required. The public consultation has confirmed that the section 70 Regulation is appropriate and consequently no amendments have been made to the Regulations. One response commented that the guidance on section 70 should highlight the need to resolve any matters subject to a complaint as a matter of urgency. The section 70 guidance will seek to address this.

7. Subject to Parliamentary consideration, it is intended that these Regulations will commence on 10 January 2018.

The Additional Support for Learning (Collection of Data) (Scotland) Regulations 2017

1. These Regulations ^[10] specify the information about children and young persons with additional support needs for whose school education an education authority is responsible, that the Scottish Ministers must collect annually from each education authority. This is currently specified in section 27A of the 2004 Act, which will be replaced with a regulation-making power. The information collected will continue to be:

• the number of children and young persons having additional support needs for whose school education the authority are responsible;
• the principal factors giving rise to the additional support needs of those children and young persons;
• The types of support provided to those children and young persons;
• The cost of providing such support.

2. Taking these requirements into Regulations rather than on the face of the 2004 Act allows Ministers flexibility should the type of information to be collected and published require to be changed in future. These regulations recreate the current requirements on Ministers so there is in effect no change to these requirements at this time.

3. No amendments were made as a result of the consultation, as responses were positive, with no amendments being required. The public consultation confirmed that the Regulation is appropriate and therefore no changes have been made to the Regulation.

4. A number of responses to the consultation on this Regulation commented on the practical application and use of the data which will continue to be collected under this Regulation. For example, some responses indicated that a matching of data on additional support needs should be matched to other collections such as exclusions and looked after children statistics.

5. The Scottish Government has reported on implementation of additional support for learning, and will do so again early in 2018. These reports contain information about additional support for learning across a range of measures including attendance and absence, exclusion, qualifications and leaver destinations. Reports have also taken a thematic approach and have included information on looked after children, young carers, transition etc. This approach will also be used in future as appropriate.

6. Some responses also called for further guidance on the collection of data on additional support for learning in support of this requirement. Officials are working with the Advisory Group for Additional Support for Learning to develop a broader outcomes framework, and guidance in support of this.

7. Subject to Parliamentary consideration, it is intended that these Regulations will commence on 10 January 2018.

The Additional Support for Learning Dispute Resolution (Scotland) Amendment Regulations 2017

1. These Regulations ^[11] amend the Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 ("the 2005 Regulations") to enable any eligible child to make a request for independent adjudication in relation to any matter specified in the schedule of the 2005 Regulations and to require those acting as independent adjudicators to consider such complaints from these children.

2. No amendments were made as a result of the consultation, as responses were positive, with no amendments suggested.

3. Technical amendments have been made to the draft Regulations to ensure that regulation 10 of the 2005 Regulations will operate as intended. An earlier amendment to regulation 7 in the consultation draft was no longer required and so this amendment was removed before the regulations were finalised. In addition, drafting improvements were made to clarify the provisions relating to the assessment of children's capacity and wellbeing by education authorities.

4. Subject to Parliamentary consideration, it is intended that these Regulations will commence on 10 January 2018.