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Children with additional needs
07/10/2008
The rights of children with additional support needs (ASN) and their parents are to be strengthened through changes to the Additional Support for Learning Act 2004.
Parents of ASN children, including those with a co-ordinated support plan (CSP), will now be able to request that their child attend a school in another local authority, through an out of area placing request.
Where a child has a CSP - the educational plan to meet their needs - parents will also have a right to appeal to the ASN Tribunal for Scotland if the placing request is refused.
Furthermore, when a child is attending a school in another authority as a result of a placing request they will now have access to mediation and dispute resolution from the new 'host' authority.
Children's Minister Adam Ingram said:
"The Scottish Government wants all children, including those with additional needs, to have the opportunity to learn and develop, with access to the most effective and appropriate education services.
"Across Scotland we have good provision for ASN children, however there are times when parents believe that their child's specific needs would be best catered for through facilities available in a different local authority. The changes we are introducing today will ensure that such requests are considered.
"In August we announced new funding to safeguard advocacy services for supporting parents challenging the provision for their child through the ASN Tribunal. The Tribunal will continue to play an important role in resolving disputes between parents and local authorities.to find the best solution for the child.
"Our key focus is on giving ASN children and their parents the best support that we can and I believe that these positive changes will help achieve just that."
The Education (Additional Support for Learning) (Scotland) Bill - which amends the Additional Support for Learning Act 2004 - will mean that if an out of area placing request is successful, responsibility for reviewing the child's or young person's CSP will transfer to the new 'host' authority. The Bill will also extend the circumstances in which parents can make references to the ASN Tribunal.
Coordinated support plans (CSPs) are for pupils with multiple or complex needs who require services from several agencies to support their learning. Education authorities must have arrangements to put CSPs in place for children who require them.
On August 28, 2008 the Scottish Government announced funding to safeguard advocacy services for parents of children with ASN. Funding was awarded to the two main voluntary bodies that support and represent parents in Scotland challenging their child's ASN educational provision, ISEA and the Govan Law Centre.