Supporting children's learning: code of practice (revised 2010)

Footnotes

1. See policy section in Annex A.

2. Focusing on Inclusion and the Education (Additional Support for Learning) (Scotland) Act 2004: a Paper for Professional Reflection (2006) Learning and Teaching Scotland.

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

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

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

6. 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.

7. The term 'Tribunal' will be used to refer to 'Additional Support Needs Tribunals for Scotland' unless otherwise stated.

8. See glossary for the definition of a special school

9. 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.

10. The Disability Discrimination Act, 1995, s1(1), states - "a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities."

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

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

13. 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.

14. From Getting it right for every child: the approach in practice - http://www.scotland.gov.uk/Resource/Doc/238985/0065824.pdf

15. 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

16. 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

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

18. 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

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

20. 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

21. See also paragraph 61 below.

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

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

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

25. The Disability Discrimination Act, 1995, s1(1), states - "a person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities."

26. See glossary for definition of prescribed pre-school children.

27. See glossary for explanation of grant-aided schools

28. Assessment is for Learning website: http://www.ltscotland.org.uk/assess/index.asp

29. eCare is the name given to the Scottish Government's multi-agency information sharing framework which covers, amongst other aspects, consent, standards, security, procurement, organisational development and technical issues relating to the electronic sharing of personal data. http://www.scotland.gov.uk/Topics/Government/PublicServiceReform/efficientgovernment/DataStandardsAndeCare

30. The Looked After Children (Scotland) Regulations 2009

31. See glossary.

32. 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).

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

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

35. 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.

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

37. 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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 (Changes in School Education) (Scotland) Regulations 2005

53. Reference: http://www.scotland.gov.uk/Topics/Education/Life-Long-Learning/16581/newpage4

54. Reference: http://www.scotland.gov.uk/Topics/Education/Life-Long-Learning/16581

55. 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.

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

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

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

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

60. Existing powers are being used to extend the range of service to be provided beyond solely representation at the Tribunal.

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

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

63. Weblink: www.scottishmediation.org.uk

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

65. 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.

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

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

68. Website address: www.asntscotland.gov.uk/

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

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

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

72. The Additional Support for Learning (Sources of Information) (Scotland) Order 2010

73. The Disability Discrimination Act 1995 will be repealed by the Equality Act 2010.

74. The Equality Act 2006 will be amended by the Equality Act 2010.

75. The Equality Act 2006 (Sexual Orientation) Regulations 2007 are to be repealed by the Equality Act 2010.

76. S.S.I. 2004/386

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

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

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