Supporting Children's Learning code of practice: consultation

Footnotes

1. http://www.legislation.gov.uk/asp/2004/4/contents

2. http://www.legislation.gov.uk/asp/2009/7/contents

3. http://www.legislation.gov.uk/asp/2014/8/contents

4. http://www.legislation.gov.uk/asp/2016/8/contents

5. The commencement of amendments from the 2016 Act, to "the Act" will take place in November 2017.

6. See policy section in Annex A.

7. http://enquire.org.uk/

8. The commencement of amendments from the 2016 Act, to "the Act" will take place in November 2017. One such amendment is to amend the definition of "young person" to the definition referred to in paragraph 9, Introduction.

9. The Act treats the term "education authority" as a plural term and for the sake of consistency the code adopts this convention

10. Reference: Guidance for addressing the needs of highly able pupils, The University of Glasgow - http://www.gla.ac.uk/media/media_138127_en.pdf

11. Within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c.36)

12. Dispute resolution is used is used here to mean specifically the arrangements outlined in The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 and discussed in detail in chapters 4 and 9.

13. The term 'Tribunal ' will be used to refer to the First-tier Tribunal for Scotland Health and Education Chamber unless otherwise stated. This is effective from 30 November 2017, when all functions and members of the Additional Support Needs Tribunals for Scotland pass to the the First-tier Tribunal Health and Education Chamber.

14. http://www.gov.scot/Topics/Statistics/Browse/Children/EducOutcomesLAC - Education outcomes for Scotland's Looked After Children.

15. See glossary for the definition of a special school

16. The term "significant additional support" is discussed in chapter 5, as one of the criteria for a child or young person requiring a co-ordinated support plan.

17. As a consequence of the Supreme Court judgment on Named Person provisions, Parts 4 and 5 of the Act did not come into force as planned on 31 August 2016. Implementation was paused so that the Scottish Government could take steps to make the necessary changes to the information sharing provisions in the Act, working in partnership with stakeholders.

18. The Equality Act 2010 section 6(1), states that a person has a disability if a person has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on a person's ability to carry out normal day‑to‑day activities.

19. As successful learners, confident individuals, effective contributors and responsible citizens

20. Launched by the Government in December 2008: http://www.scotland.gov.uk/Resource/Doc/257007/0076309.pdf

21. As a consequence of the Supreme Court judgment on Named Person provisions, Parts 4 and 5 of the Act did not come into force as planned on 31 August 2016. Implementation was paused so that the Scottish Government could take steps to make the necessary changes to the information sharing provisions in the Act, working in partnership with stakeholders.

22. While parental agreement to assessment and action should always be sought there will be circumstances under the Act where an authority will have to take action without parental consent; see chapter 5, paragraph 24

23. From What is a Lead Professional? http://www.gov.scot/Topics/People/Young-People/gettingitright/lead-professional

24. The Scottish Government's guidance on partnership working between allied health professionals and education is available from: http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

25. The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005

26. Based on recommendations made in Health for All Children 4 - the fourth edition of a Royal College of Paediatrics and Child Health report following review of childhood screening and surveillance practice across the UK. http://www.scotland.gov.uk/Resource/Doc/37432/0011167.pdf

27. The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005

28. Partnership Matters - A Guide for Colleges, Universities, Local Authorities, NHS Health Boards and Voluntary Organisation on Supporting Students with Additional Support Needs:- http://www.scotland.gov.uk./Publications/2009/05/08155445/0

29. See also paragraph 61

30. www.gov.scot/Topics/People/Young-People/gettingitright/wellbeing

31. The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005

32. Reference: Guidance from Scottish Executive Health Department to NHS Boards 6 December 2004

33. This provision is contained within The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005

34. The Equality Act 2010 section 6(1), states that "a person has a disability if a person has a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on a person's ability to carry out normal day‑to‑day activities."

35. See glossary for definition of eligible pre-school children

36. See glossary for explanation of grant-aided schools

37.

38.

39.

40. The Looked After Children (Scotland) Regulations 2009

41. See glossary

42. Education authorities have the power to enable children and young people with additional support needs to attend certain establishments outside the United Kingdom (see chapter 9, paragraph 5)

43. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005

44. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005

45. As in the glossary, this refers to the circumstances where an authority have an arrangement with a private provider for the purposes of section 35 of the 2000 Act

46. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 (S.S.I. 2005/501)

47. These are: any other local authority, any NHS Board, Skills Development Scotland, further education colleges and higher education institutions in Scotland and the Scottish Agricultural College - ref: s2(1)(d)

48. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 - http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050518.htm

49. Lord Nimmo Smith, Inner House, Court of Session , June 2007 - http://www.scotcourts.gov.uk/opinions/2007CSIH52.html

50. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518) as amended

51. See Guidance on partnership working between allied health professions and education. -

http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

52. The Additional Support for Learning (Appropriate Agency Request Period and Exceptions) (Scotland) Regulations 2005 ( SSI 2005/26)

53. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

54. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

55. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

56. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

57. Regulation 7 - The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

58. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

59. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

60. Regulation 7 - The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

61. The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005 ( SSI 2005/518)

62. See Guidance on partnership working between allied health professions and education. http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

63. The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005

64. http://www.legislation.gov.uk/ssi/2005/265/contents/made

65. The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, reg 3

66. Reference: http://www.gov.scot/Resource/0040/00408815.pdf

67. Reference: http://www.gov.scot/Resource/0045/00456919.pdf

68. Reference: http://www.gov.scot/Publications/2006/06/13100205/0

69. Reference: http://www.gov.scot/Topics/Education/skills-strategy/progress/sg/economicimprovement/16PlusLearningChoices

70. In this quotation the term "young person" refers to pupils of secondary school age. It does not refer to "young person" as defined in the 1980 Act, and as the term is used in this code, as someone over school leaving age who has not yet attained the age of 18 years

71. Reference: https://www.skillsdevelopmentscotland.co.uk/news-events/2016/august/latest-participation-measure-statistics-published/

72. http://www.opsi.gov.uk/legislation/scotland/ssi2003/20030608.htm

73. Reference to partnership working between allied health :professionals and education: http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

74. The Partners in Advocacy website provides useful information and advice about advocacy services http://www.partnersinadvocacy.org.uk/

75.

76. Enquire website http://www.enquire.org.uk/

77. Guidance on the Scottish Schools (Parental Involvement) Act 2006 is available at: http://www.scotland.gov.uk/Publications/2006/09/08094112/0

78. Weblink: http://www.scottishmediation.org.uk

79. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005

80. These are: any other local authority, any NHS Board, Skills Development Scotland, all colleges of further education and all institutions of higher education in Scotland and the Scottish Agricultural College

81. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005, regulation 4

82. The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005, regulation 7

83. Website address: http://www.scotcourts.gov.uk/the-courts/the-tribunals/about-scottish-tribunals

84. Under section 15, Standards in Scotland's Schools etc. Act 2000

85. As determined by The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005

86. The Act was amended to include this point and the following one by The Additional Support for Learning (Publication of Information) (Scotland) Regulations 2005

87. this has been repealed and replaced by the Additional Support for Learning (Sources of Information) (Scotland) Order 2016/299

88. http://www.opsi.gov.uk/legislation/scotland/ssi2005/20050518.htm

89. Lord Nimmo Smith, Inner House, Court of Session , June 2007 - http://www.scotcourts.gov.uk/opinions/2007CSIH52.html

90. See Web Resource for profession-specific examples of the practice matrix. http://www.scotland.gov.uk/Topics/Education/Schools/welfare/partnershipworking

91. As a consequence of the Supreme Court judgment on Named Person provisions, Parts 4 and 5 of the Act did not come into force as planned on 31 August 2016. Implementation was paused so that the Scottish Government could take steps to make the necessary changes to the information sharing provisions in the Act, working in partnership with stakeholders.

92. As a consequence of the Supreme Court judgment on Named Person provisions, Parts 4 and 5 of the Act did not come into force as planned on 31 August 2016. Implementation was paused so that the Scottish Government could take steps to make the necessary changes to the information sharing provisions in the Act, working in partnership with stakeholders.