Education of children unable to attend school due to ill health: guidance

Footnotes

1 Section 14 was substituted into the Education (Scotland) Act 1980 by section 40 of the Standards in Scotland's Schools etc. Act 2000.

2 See the definition of "pupil" in section 135(1) of the Education (Scotland) Act 1980.

3 Section 46 of the Children and Young People (Scotland) Act 2014 defines ELCC as "a service, consisting of education and care, of a kind which is suitable in the ordinary case for children who are under school age, regard being had to the importance of interactions and other experiences which support learning and development in a caring and nurturing setting." http://www.legislation.gov.uk/asp/2014/8/section/46

4 http://www.legislation.gov.uk/asp/2014/8/section/47

5 Including a pupil unable to attend school due to being subject to measures by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003.

6 bSection 14(1) of the Education (Scotland) Act 1980.

7 Section 34(1) of the Education (Scotland) Act 1980.

8 Section 14 (2) of the Education (Scotland) Act 1980.

9 UNCRC: www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx . Articles 28 and 29 relate to the Right to Education.

10 Section 30 of the Education (Scotland) Act 1980.

11 Section 1 of the Education (Scotland) Act 1980.

12 Section 14 of the Education (Scotland) Act 1980.

13 Section 4 of the Education (Additional Support for Learning) (Scotland) Act 2004.

14 http://www.educationscotland.gov.uk/supportinglearners/

15 www.scotland.gov.uk/Topics/People/Young-People/gettingitright

16 www.scotland.gov.uk/Topics/People/Young-People/gettingitright/national-practice-model

17 www.educationscotland.gov.uk/thecurriculum/whatcanlearnersexpect/index.asp

18 The 'home' local authority is that in which a child's parent or carer normally resides. See page 61 of the Code of Practice for Additional Support for Learning.

19 The 'host' local authority is that which is responsible for providing the education service in the hospital or other establishment where the child or young person has been admitted See page 61 of the Code of Practice for Additional Support for Learning.

20 http://www.equalityhumanrights.com/private-and-public-sector-guidance/education-providers/schools-guidance/access-to-benefits-services-and-facilities

21 http://www.equalityhumanrights.com/publication/reasonable-adjustments-disabled-pupils-scotland

22 www.scotland.gov.uk/Resource/Doc/271943/0081051.pdf .

23 Section 30 of the Education (Scotland) Act 1980 http://www.legislation.gov.uk/ukpga/1980/44/section/30

24 http://www.equalityhumanrights.com/private-and-public-sector-guidance/education-providers/schools-guidance/access-to-benefits-services-and-facilities

25 http://www.equalityhumanrights.com/publication/reasonable-adjustments-disabled-pupils-scotland

26 Included, Engaged and Involved Part 1 http://www.gov.scot/Publications/2007/12/05100056/0 Guidance on promoting attendance at school - including recording absence due to ill health

27 Part 5 of the Children and Young People (Scotland) Act 2014 - due to be commenced in 2016.

28 National guidance will be published by the Scottish Government in 2015.