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

Chapter 3 Meeting Additional Support Needs

1. Chapter 3 sets out guidance on the Act's provisions for identifying and assessing additional support needs and making provision for them. Q4 asked, " Is the information provided in Chapter 3 appropriate? If you selected no, please provide details of additional information which should be included or removed and a brief reason for it."

Results

2. The responses to the consultation were much more in the balance on this Chapter than the others. This Chapter provides the detail of meeting children's needs and is one of the most complex chapters within the document. It is also the Chapter which attracted the most requests for clarification on developing policies and legislation. Legislation which is currently the subject of Parliamentary consideration has not been referred to, respecting that this may be changed as part of the Parliamentary process. Legislation which has been enacted but not yet commenced and where there is established policy and implementation has been referred to as far as possible, but not in terms of describing duties and requirements as these are not yet in force. As a result, the Code of Practice will be updated again once these relevant legislative requirements are in place.

3. The question relating to this chapter received comments relating to information sharing. The Code of Practice will require to be updated following developments around Named Person and Information Sharing- Parts 4 and 5 of the Children and Young People (Scotland) Act 2014 ^[4] . The Code reflects current policy around the Children and Young People's Act. A future update of the Code will capture any future updates around this policy, as well as other developments that this update has not been able to. For example it was requested that the updated Guidance to Healthcare Needs in Schools is referenced in this edition in the Code. This Guidance was consulted ^[5] on earlier this year, and is expected to be published by the end of 2017. This will be referenced in the future update of the Code.

4. Some comments made were outside the direct scope of the consultation, for example comments concerning the presumption of mainstreaming. There is a current consultation (until 9 February 2018) on Excellence and Equity for All: Guidance on the Presumption of Mainstreaming ^[6] . This guidance has a specific focus on mainstreaming reflecting the statutory requirements of the 2000 Act. This will be referenced in the future update of the Code. The Code now signposts the legislative requirement.

5. As a result of comments within the consultation, the following clarifications have been provided:

• that if a child meets the criteria to be considered for a co-ordinated support plan this should be done regardless of whether or not a child's plan is being considered or is in place.
• Clarification on Care Plans terminology, was sought and has been provided throughout the document as appropriate.

6. There was clarification sought in some responses on why the age of 12 was chosen at which to extend rights to children within this Act, The Age of Legal Capacity Act sets the age of capacity in general and provides several exceptions where children have rights – these are all set at aged12. The amendments to the Additional Support for Learning Act were set at this age to achieve consistency. For example, children aged 12 can consent to medical treatment, agree their adoption and instruct legal council (in each case it is the person who will deliver the right who considers capacity).