Publication - Advice and guidance
Presumption to provide education in a mainstream setting: guidance
Guidance to education authorities on their duty to provide education in a mainstream setting unless certain exceptions apply.
Annex B – Deciding on The Right Provision – Relevant Duties
| Legislation | Duties | Suggested considerations |
|---|---|---|
| Standards in Scotland's Schools etc. Act 2000 | Education authority has a duty to make provision that is directed toward the development of the personality, talents and mental and physical abilities of the child to their fullest potential. Also required to have regard to the views of the child in decisions that significantly affect them. (section 2) Education authority in carrying out duty to provide education for preschool and school aged child they shall, unless the three circumstances set out in the section apply, be educated in a mainstream school. (section 15) | Could one or more of the three circumstances set out in section 15 apply:- - Not suited to the ability or aptitude of the child - incompatible with the provision of efficient education - would it result in unreasonable public expenditure |
| Education (Additional Support for Learning) (Scotland) Act 2004 (as amended) | Education authority has a duty to assess if a child or young person needs additional support and to provide that additional support if they do. (section 4,5) Education authority has a duty to keep under review whether a child's additional support needs continue to be met. (section 10) Education authority has a duty to place a child in the school specified in a placing request, subject to a number of exceptions, including that doing so would breach the section 15 requirement to provide education in a mainstream school. (Schedule 2, paragraphs 2 and 3) | -What steps have been taken to make sure the needs of each child or young person have been correctly identified? - Are those identified needs being adequately addressed? - Would different provision or placement provide a better outcome for this child or young person? |
| Children (Scotland) Act 1995 Children and Young People (Scotland) Act 2014 | When a local authority is considering the promotion of the welfare of children in need and assessing the needs of children who may be affected by a disability they must have regard to the general principle that functions should be exercised in relation to children and young people in a way which is designed to safeguard, support and promote their wellbeing. This should be done in line with the assessment of wellbeing as described in section 96 of the 2014 Act. (section 23A) The local authority when considering alternative early learning and childcare arrangements to meet wellbeing needs of looked after 2 year olds must assess their wellbeing in line with section 96 of the 2014 Act. (section 96) | - How is the wellbeing of the child or young person being safeguarded, supported and promoted in their education provision? - How would a different provision provide better safeguarding, support and promotion of wellbeing? |
Contact
Email: supportinglearners@gov.scot
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