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

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.