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

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Scottish Statutory Instruments

2005 No. 265

EDUCATION

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

Made

19th May 2005

Laid before the Scottish Parliament

19th May 2005

Coming into force

14th November 2005

The Scottish Ministers, in exercise of the powers conferred by sections 13(6) and (7) of the Education (Additional Support for Learning) (Scotland) Act 2004(1), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005 and shall come into force on 14th November 2005.

(2) In these Regulations, “the Act” means the Education (Additional Support for Learning) (Scotland) Act 2004.

Changes in school education

2.  The following changes in the school education of children and young persons are specified(2) changes for the purposes of section 13(6) of the Act–

(a)where a child under school age begins to receive school education provided in a school under the management of an education authority or in pursuance of arrangements entered into by an authority under section 35 of the Standards in Scotland’s Schools etc. Act 2000(3);

(b)where a child begins to receive primary education;

(c)where a child begins to receive secondary education (‘secondary education’ being construed in accordance with section 135(2)(b) of the Education (Scotland) Act 1980(4);

(d)where, other than as a consequence of one of the changes specified in paragraphs (a), (b) or (c) above, a child or young person transfers, otherwise than temporarily, from a school under the management of an education authority to another school under the management of that authority or otherwise transfers from such a school in pursuance of arrangements entered into by that authority; and

(e)where, other than as a consequence of one of the changes specified in paragraphs (a), (b), (c) or (d) above, or other than in the circumstances provided for in sections 12(5) and 13(1) of the Act, an education authority cease to be responsible for the school education of a child or young person.

Seeking and taking account of information and advice

3.—(1) Every education authority must–

(a)no later than twelve calendar months (or, in respect of a child under school age, as referred to in regulation 2(a), no later than six calendar months) before a child or young person is likely to have a change in school education, as specified in regulation 2; or

(b)where the education authority only become aware that there is likely to be such a change in school education less than twelve calendar months before the likely occurrence of that change (or, in respect of such a child under school age, less than six calendar months before the likely occurrence of that change), as soon as reasonably practicable after they become so aware,

take the action specified in paragraph (2).

(2) That action is action to–

(a)seek relevant advice and information from such appropriate agencies and other persons as the authority think appropriate;

(b)subject to paragraph (4) below, where the authority seek advice and information under paragraph (a), seek and take account of the views of–

(i)in the case of a child, the child (unless the authority are satisfied that the child lacks capacity to express a view) and the child’s parent; and

(ii)in the case of a young person, that young person or, if the authority are satisfied that the young person lacks capacity to express a view, the young person’s parent; and

(c)take account of any relevant advice and information provided by any appropriate agency or other person pursuant to seeking it under paragraph (a) above,

in making appropriate arrangements for each such child or young person before that change in school education takes place.

(3) Advice and information is relevant for the purposes of paragraph (2) above if it is likely to assist the education authority in–

(a)establishing the additional support needs of the child or young person;

(b)determining what provision to make for such additional support as is required by the child or young person; or

(c)considering the adequacy of the additional support provided for the child or young person.

(4) In making appropriate arrangements for each such child or young person before that change in school education takes place, the duty described in sub paragraph 2(b) above shall apply only in relation to such children and young persons as the authority consider appropriate.

(5) This regulation is without prejudice to section 4(1)(b) of the Act.

Provision of information

4.—(1) Every education authority must–

(a)no later than six calendar months (or, in respect of such a child under school age, no later than three calendar months) before a child or young person is likely to have such a change in school education; or

(b)where the education authority only become aware that there is likely to be such a change in school education less than six calendar months before the likely occurrence of that change (or, in respect of such a child under school age, less than three calendar months before the likely occurrence of that change), as soon as reasonably practicable after they become so aware,

consider what appropriate agencies may require the information referred to in paragraph (2) below to enable such agencies to make arrangements for the provision of additional support for that child or young person following that change in school education, and provide such agencies with such information.

(2) The information referred to in paragraph (1) above is–

(a)information as to the date on which the child or young person is likely to have such a change in school education;

(b)information on the additional support needs of the child or young person; and

(c)information on the additional support provided to the child or young person during the six months (or, in respect of such a child under school age, during the three months) immediately prior to the authority providing the information to the appropriate agency.

(3) Where an authority provide such information to an appropriate agency the authority shall at the same time send copies to–

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

(b)in the case of a young person, the young person, or if the authority are satisfied that the young person lacks the capacity to understand the information provided, the young person’s parent.

(4) Information is to be provided under paragraph (1) above only with the consent of–

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

(b)in the case of a young person, the young person, or if the authority are satisfied that the young person lacks capacity to give consent, the young person’s parent.

EUAN M ROBSON

Authorised to sign on behalf of the Scottish Ministers

St Andrew’s House, Edinburgh

19th May 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for education authorities to take action in connection with changes which occur or are likely to occur in the school education of children and young persons who have additional support needs.

Regulation 2 specifies those changes in school education which will require education authorities to take action in relation to such children and young persons.

Regulation 3 requires education authorities, within specified periods, to seek advice and information from appropriate agencies, to assist education authorities in relation to establishing the additional support needs of the children or young persons, determining what provision to make for additional support, or considering the adequacy of such support. Education authorities are required then to take account of such advice and information, together with, where appropriate, the views of the child, the child’s parent, and the young person in making arrangements for those children and young persons before the change in school education takes place.

Regulation 4 requires education authorities, within specified periods, to consider what agencies might require information in order to make arrangements for provision of additional support, and to provide them with such information. The information itself is as specified in Regulation 4. Disclosure is subject to conditions, including conditions relating to consent being obtained from the parent of the child or young person, or from the young person.

(2)

“Specified” is referred to within sections 13(6) and (7) of the Act, and has the meaning given in section 13(8).

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