Main definitions

1 Additional support needs

(1) A child or young person has additional support needs for the purposes of this Act where, for whatever reason, the child or young person is, or is likely to be, unable without the provision of additional support to benefit from school education provided or to be provided for the child or young person.

(2) In subsection (1), the reference to school education includes, in particular, such education directed to the development of the personality, talents and mental and physical abilities of the child or young person to their fullest potential.

(3) In this Act, “additional support” means—

(a) in relation to a prescribed pre-school child, a child of school age or a young person receiving school education, provision which is additional to, or otherwise different from, the educational provision made generally for children or, as the case may be, young persons of the same age in schools (other than special schools) under the management of the education authority for the area to which the child or young person belongs,

(b) in relation to a child under school age other than a prescribed pre-school child, such educational provision as is appropriate in the circumstances.

2 Co-ordinated support plans

(1) For the purposes of this Act, a child or young person requires a plan (referred to in this Act as a “co-ordinated support plan”) for the provision of additional support if—

(a) an education authority are responsible for the school education of the child or young person,

(b) the child or young person has additional support needs arising from—

(i) one or more complex factors, or

(ii) multiple factors,

(c) those needs are likely to continue for more than a year, and

(d) those needs require significant additional support to be provided—

(i) by the education authority in the exercise of any of their other functions as well as in the exercise of their functions relating to education, or

(ii) by one or more appropriate agencies (within the meaning of section 23(2)) as well as by the education authority themselves.

(2) For the purposes of subsection (1)—

(a) a factor is a complex factor if it has or is likely to have a significant adverse effect on the school education of the child or young person,

(b) multiple factors are factors which—

(i) are not by themselves complex factors, but

(ii) taken together, have or are likely to have a significant adverse effect on the school education of the child or young person.

3 Children and young persons who lack capacity

(1) For the purposes of this Act, a child or young person lacks capacity to do something if the child or young person is incapable of doing it by reason of mental illness, developmental disorder or learning disability or of inability to communicate because of a physical disability.

(2) However, a child or young person is not to be treated as lacking capacity by reason only of a lack or deficiency in a faculty of communication if that lack or deficiency can be made good by human or mechanical aid (whether of an interpretative nature or otherwise).

General powers and duties

4 Duties of education authority in relation to children and young persons for whom they are responsible

(1) Every education authority must—

(a) in relation to each child and young person having additional support needs for whose school education the authority are responsible, make adequate and efficient provision for such additional support as is required by that child or young person, and

(b) make appropriate arrangements for keeping under consideration—

(i) the additional support needs of, and

(ii) the adequacy of the additional support provided for,

each such child and young person.

(2) Subsection (1)(a) does not require an education authority to do anything which—

(a) they do not otherwise have power to do, or

(b) would result in unreasonable public expenditure being incurred.

5 General functions of education authority in relation to additional support needs

(1) Every education authority must in exercising any of their functions in connection with the provision of school education, take account of the additional support needs of children and young persons having such needs.

(2) Every education authority must, subject to subsection (3), provide such additional support as is appropriate for each child—

(a) under school age (other than a prescribed pre-school child),

(b) belonging to the authority’s area, and

(c) who has additional support needs arising from a disability (within the meaning of the Disability Discrimination Act 1995 (c. 50)) which the child has.

(3) The duty in subsection (2) applies only where the authority has established, in pursuance of section 7(5) of this Act, that the child has the additional support needs referred to in subsection (2)(c) following the child having been brought to the authority’s attention as having or appearing to have such needs by a Health Board.

(4) An education authority may provide such additional support as is appropriate for children (other than children to whom the education authority have a duty under subsection (2)) and young persons belonging to the area of the authority—

(a) having additional support needs, but

(b) for whose school education the authority are not responsible.

Establishment of additional support needs and need for co-ordinated support plan

6 Children and young persons for whom education authority are responsible

(1) Every education authority must make such arrangements as they consider appropriate for identifying—

(a) from among the children and young persons for whose school education they are responsible—

(i) those who have additional support needs, and

(ii) those having additional support needs who require a co-ordinated support plan, and

(b) the particular additional support needs of the children and young persons so identified.

(2) Where an education authority receive from a person specified in subsection (3) a request to establish whether any child or young person for whose school education the authority are responsible—

(a) has additional support needs, or

(b) requires a co-ordinated support plan,

the authority must, in accordance with the arrangements made by them under subsection (1), comply with the request unless the request is unreasonable.

(3) The persons referred to in subsection (2) are—

(a) in the case of a child, the child’s parent,

(b) in the case of a young person—

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to make the request, the young person’s parent.

(4) Where, in pursuance of a request referred to in subsection (2), an education authority establish that a child or young person has additional support needs, the authority must inform the person who made the request of that fact.

(5) Subsection (6) applies where a child or young person for whose school education an education authority are responsible comes to the attention of the authority as—

(a) having, or appearing to have, additional support needs, or

(b) having such needs and requiring, or appearing to require, a co-ordinated support plan.

(6) Where this subsection applies, the education authority must, in accordance with the arrangements made by them under subsection (1), establish whether the child or young person does have additional support needs or, as the case may be, require a co-ordinated support plan, unless the authority consider it unreasonable to do so.

(7) Subsections (2) and (6) are without prejudice to subsection (1).

7 Other children and young persons

(1) Where an education authority receive a request of a type specified in subsection (2) relating to any child or young person—

(a) belonging to the area of the authority, but

(b) for whose school education the authority are not responsible,

the authority may, in accordance with the arrangements made by them under section 6(1), comply with the request.

(2) The types of request referred to in subsection (1) are—

(a) a request from a person specified in subsection (3) to establish whether the child or young person in relation to whom the request is made—

(i) has additional support needs, or

(ii) would, if the education authority were responsible for the school education of the child or young person, require a co-ordinated support plan,

(b) in the case of a child or young person being provided with school education at an independent school or a grant-aided school, a request from the managers of the school to establish whether the child or young person would, if the education authority were responsible for the school education of the child or young person, require such a plan.

(3) The persons referred to in subsection (2)(a) are—

(a) in the case of a child, the child’s parent,

(b) in the case of a young person—

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to make the request, the young person’s parent.

(4) Subsection (5) applies where a child or young person—

(a) belonging to the area of an education authority, but

(b) for whose school education an education authority are not responsible,

comes to the attention of the authority (otherwise than as a result of a request referred to in subsection (1)) as having, or appearing to have, additional support needs.

(5) Where this subsection applies, the education authority may, in accordance with the arrangements made by them under section 6(1), establish whether the child or young person does have additional support needs.

(6) Subsection (7) applies where, in pursuance of this section, an education authority establish that a child or young person—

(a) has additional support needs, or

(b) would, if the education authority were responsible for the school education of the child or young person, require a co-ordinated support plan.

(7) Where this subsection applies, the education authority must provide the persons mentioned in subsection (8) with such information and advice as to the additional support required by the child or young person as they consider appropriate.

(8) The persons referred to in subsection (7) are—

(a) in the case of a child, the child’s parent,

(b) in the case of a young person—

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to understand the information or advice, the young person’s parent,

(c) where the authority establish the matter referred to in subsection (6) pursuant to a request made by the managers of an independent school or a grant-aided school, those managers.

8 Assessments and examinations

(1) Where—

(a) an education authority propose—

(i) in pursuance of any provision of this Act, to establish whether a child or young person has additional support needs or requires, or would require, a co-ordinated support plan, or

(ii) to review under section 10 any such plan prepared for any child or young person, and

(b) the appropriate person makes a request that the education authority arrange for the child or young person to whom the proposal referred to in paragraph (a) relates to undergo, for the purposes of the proposal, a process of assessment or examination (such a request being referred to in this section as an “assessment request”),

the education authority must comply with the assessment request unless the request is unreasonable.

(2) In subsection (1)(b), “the appropriate person” means—

(a) where the proposal referred to in subsection (1)(a) arises from a request referred to in section 6(2), 7(1) or 10(4), the person making the request,

(b) in any other case—

(i) where the proposal relates to a child, the child’s parent,

(ii) where the proposal relates to a young person, the young person or, where the authority are satisfied that the young person lacks capacity to make the request, the young person’s parent.

(3) Where a child or young person is to undergo a process of assessment or examination in pursuance of an assessment request, the process is to be carried out by such person as the education authority consider appropriate.

(4) In subsection (1)(b), the reference to assessment or examination includes educational, psychological or medical assessment or examination.

Co-ordinated support plans

9 Duty to prepare co-ordinated support plans

(1) Where an education authority establish in pursuance of any provision of this Act that a child or young person for whose school education they are responsible requires a co-ordinated support plan, they must prepare such a plan for the child or young person.

(2) A co-ordinated support plan prepared under subsection (1) must contain—

(a) a statement of the education authority’s conclusions as to—

(i) the factor or factors from which the additional support needs of the child or young person arise,

(ii) the educational objectives sought to be achieved taking account of that factor or those factors,

(iii) the additional support required by the child or young person to achieve those objectives, and

(iv) the persons by whom the support should be provided,

(b) a nomination of a school to be attended by the child or young person,

(c) the name and other appropriate contact details of—

(i) the officer of the authority responsible for the discharge of the authority’s duty under subsection (5)(d) of section 11, or

(ii) if the authority arrange under subsection (6) of that section for that duty to be discharged by another person, that other person, and

(d) the name and other appropriate contact details of an officer of the authority from whom—

(i) in the case of a plan prepared for a child, the child’s parent,

(ii) in the case of a plan prepared for a young person, the young person or, where the authority are satisfied that the young person lacks capacity to seek advice or information, the young person’s parent,

can obtain advice and further information.

(3) The references in subsection (2)(a) to educational objectives are to objectives set to secure that the child or young person benefits from school education (within the meaning of section 1(1)) provided or to be provided for the child or young person.

10 Reviews of co-ordinated support plans

(1) Every education authority must keep under consideration the adequacy of any co-ordinated support plans prepared (and not discontinued) for any children or young persons belonging to their area.

(2) The education authority must carry out a review of each such co-ordinated support plan—

(a) on the expiry of the period of 12 months beginning with the date on which the plan was prepared, and

(b) thereafter, on the expiry of each successive period of 12 months beginning with the date on which the previous review (whether carried out under this subsection or subsection (3) or (4)) of the plan was completed.

(3) An education authority may carry out a review of such a co-ordinated support plan before the expiry of a period referred to in subsection (2) only—

(a) pursuant to a request referred to in subsection (4), or

(b) if the authority consider it necessary or expedient to do so because of a significant change in the circumstances of the child or young person for whom the plan was prepared since the plan was prepared or, as the case may be, last reviewed.

(4) Where the education authority receive from a person specified in subsection (5) a request to carry out a review of any such co-ordinated support plan as is mentioned in subsection (1) before the expiry of a period referred to in subsection (2), the authority must carry out a review of the plan unless the request is unreasonable.

(5) The persons referred to in subsection (4) are—

(a) in the case of a co-ordinated support plan prepared for a child, the child’s parent,

(b) in the case of a co-ordinated support plan prepared for a young person—

(i) the young person, or

(ii) where the education authority are satisfied that the young person lacks capacity to make the request, the young person’s parent.

(6) In reviewing any co-ordinated support plan under this section, the education authority must, in accordance with the arrangements made by them under section 6(1), establish whether the child or young person for whom the plan was prepared still requires such a plan and—

(a) if so, continue the plan for the child or young person and make such amendments of it as the authority consider necessary or appropriate, or

(b) if not, discontinue the plan.

11 Co-ordinated support plans: further provision

(1) Subsection (2) applies where an education authority propose—

(a) in pursuance of any provision of this Act, to establish whether any child or young person requires, or would require, a co-ordinated support plan,

(b) to review under section 10 any such plan prepared for any child or young person.

(2) Where this subsection applies, the education authority must—

(a) before proceeding, inform the persons mentioned in subsection (3) of their proposal, and

(b) on establishing the matter referred to in subsection (1)(a) or, as the case may be, completing the review referred to in subsection (1)(b), inform those persons of—

(i) the outcome, and

(ii) the rights (if any) which they have under section 18(1) to make a reference to a Tribunal in connection with the outcome.

(3) The persons referred to in subsection (2)(a) are—

(a) in the case of a child, the child’s parent,

(b) in the case of a young person—

(i) the young person, or

(ii) if the authority are satisfied that the young person lacks capacity to understand the information, the young person’s parent,

(c) where the proposal arises as a result of a request referred to in section 7(1) made by the managers of an independent school or a grant-aided school, those managers.

(4) Subsection (5) applies where an education authority—

(a) prepare a co-ordinated support plan for any child or young person under this Act, or

(b) amend any such plan—

(i) following a review carried out under section 10, or

(ii) pursuant to a requirement made by a Tribunal under subsection (4)(b) or (5)(b)(ii) of section 19.

(5) Where this subsection applies, the education authority must—

(a) give a copy of the plan or amended plan—

(i) in the case of a child, to the child’s parent,

(ii) in the case of a young person, to that young person or, if the authority are satisfied that the young person lacks capacity to understand the plan, to the young person’s parent,

(b) ensure that additional support is provided by them for the child or young person in accordance with the plan or amended plan so far as they have power to do so,

(c) seek to ensure that additional support is provided for the child or young person in accordance with the plan or amended plan by any person (other than the education authority) identified in the plan as a person by whom such support should be provided,

(d) co-ordinate, so far as possible, the provision of additional support for the child or young person as mentioned in paragraphs (b) and (c) by the authority and any other persons by whom such support is to be provided, and

(e) inform such persons as they consider appropriate, being persons who will be involved in the provision of additional support for the child or young person, of such matters contained in the plan or amended plan as they consider appropriate.

(6) The education authority may arrange for the discharge of their duty under subsection (5)(d) by another person.

(7) Subsection (6)—

(a) does not affect the responsibility of the education authority for the discharge of their duty under subsection (5)(d), and

(b) is without prejudice to any other power of the education authority to arrange for the discharge of any of their functions under this Act by another person.

(8) The Scottish Ministers may by regulations make further provision as to co-ordinated support plans including, in particular, provision as to—

(a) the form of such plans,

(b) the information (in addition to that required by section 9(2)) to be contained in them,

(c) the preparation, keeping, disclosure, discontinuance and destruction of such plans,

(d) the procedures to be followed in carrying out reviews of such plans under section 10,

(e) the transfer of such plans when the children and young persons for whom they are prepared move from the area of one education authority to that of another,

(f) without prejudice to the generality of the other paragraphs in this subsection, the times by which—

(i) such plans are to be prepared, and

(ii) reviews of them under section 10 are to be completed, and

(g) such other matters in relation to co-ordinated support plans as the Scottish Ministers think necessary or expedient.