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

Chapter 7 Working with Children and Families

1. Chapter 7 describes how children, young people and their parents can be successfully involved in education and learning and describes the Act's provisions regarding supporters and advocacy. Q8 asked, "Is the information provided in Chapter 7 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. In line with other chapters comments received on Chapter 7 were mainly positive, reflecting the percentages above, for example, "Para 16 provides helpful guidance on how to establish whether a child has the capacity to exercise their rights."

3. Based on some individual consultation comments the following actions have been taken:

• Reference is made to the Dyslexia Toolkit and the Autism Toolbox.
• The Children and Young People's Commissioner for Scotland's resource, The 7 Golden Rules for Participation has been moved within the chapter to the section on the views of children and young people.

Comments relating to the rights of children who have capacity

4. Some comments included concerns around the assessment of capacity and consideration of wellbeing, which included a child's level of achievement being cited as one of the possible factors to take into account when carrying out an assessment of a child's maturity and understanding. When carrying out an assessment of a child's maturity and understanding the education authority may wish to take this into account (as well as the other factors referenced in the Code), but it has also been added to the Code, following the consultation, that those working and living with the child may use any evidence they consider appropriate to establish maturity and understanding.

5. In addition, the Code signposts readers to the further (non-statutory) guidance in Extending Children's Rights- Guidance for education authorities and school staff on assessment of capacity and consideration of wellbeing of children who have attained 12 years of age in respect of additional support for learning in school education.