Additional Support for Learning
A Summary for Parents
The Education (Additional Support for Learning) (Scotland) Act 2004 is a
new law which aims to help children (in this Act that means under 5 at
pre-school nursery, or those at school who are under 16) and young people (16 or 17,
and still at school) to get the best out of their learning. The law says that education
authorities (usually your local council’s Education Department) have to do certain things
to help your child if he/she has additional support needs.
Who is this law for?
Children or young people who face some sort of barrier to their learning, and need
support which is different from, or in addition to, what the school normally provides.
What kind of “barrier”?
Anything which prevents a child getting the most out of school education, and which, if
they were to get help with that problem, they would manage better and be a more
successful learner. For example:
a. Having a learning difficulty or learning disability
b. Having a disability, such as autism
c. Having a very difficult time at home, maybe someone is ill and needs to be cared for
d. Having a difficult time at school, perhaps being bullied
e. Having behavioural problems, such as always getting into trouble or not able to
concentrate when in class
f. Having trouble actually attending school, i.e. truanting
g. Being very bright, far ahead of classmates
These are only examples - there are probably hundreds of variations.
Do you have to be school age to get this help?
This law is for children with additional support needs who are of school age (usually 5 –
16) or are 16 or 17 and still at school, or are 3 or 4 and using a free pre-school nursery
place.
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What if the child is younger than 3, or is not attending pre-school nursery?
The education authority still has to provide help for those children living in its area who
have a disability (physical or mental) which has a serious and long-term effect on his or
her normal day-to-day life, and it is brought to the attention of that authority that the
child appears to have additional support needs arising from that disability.
What kind of support could be given?
Depending on what your needs are, additional support could include:
a. Getting help from a Speech and Language Therapist
b. Learning Support being provided in or out of class
c. Help from an Occupational Therapist
d. Extra teaching time with a teacher, or special tutor
e. Class work which has been changed or adapted to meet the child’s needs, e.g.
photocopies with larger print size if the child or young person has problems seeing small
print
f. Special equipment provided if there are difficulties with writing, e.g. laptop
g. Having a Befriender or Buddy, or being introduced to a friendship group or circle of
support
Again, these are just a few examples out of many possible types of additional support.
How long might a child or young person receive this help?
For as long as they need it - it might just be a few weeks, or it may be years.
Who decides whether the child or young person should get this extra help, i.e.
whether they have additional support needs?
If the child or young person is looked after by the local authority, there is a presumption
that they have additional support needs, and the help should be offered automatically.
Otherwise, the following happens:
Step 1
Firstly, the education authority is required by law to have in place a system for deciding
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who has additional support needs, and what those needs are.
Step 2
Parents or carers of children, anyone who works with the child or young person, or is
part of his or her community e.g. at an after school club or a sports group, or even the
child him or herself, could bring this to the attention of the education authority.
It would be best to do this by a letter, email or taped message, with a date on it, so that
it can be kept and copied. The parent, child or young person should also keep a copy.
Step 3
The education authority then has to confirm whether or not your child does have
additional support needs, unless they feel it would be unreasonable to do this, (e.g. you
already asked for this to be done, and it was completed recently). In order to find this
out, they will usually carry out an assessment, or arrange for others to do so, e.g.
Speech and Language Therapy, Educational Psychology, depending on what the needs
are.
If it is agreed that your child does have additional support needs, how would that
support be organised?
Usually by way of an Individualised Education Plan (IEP), which is a document setting
down short-term targets, or a Co-ordinated Support Plan (CSP) for those children with
more complex and long- term needs requiring support from a number of agencies.
What is an Individualised Education Plan (IEP)?
An IEP is a written programme that sets out the educational targets the child is working
on.
Who are IEPs for?
Where a child needs more detailed, individual planning to get the best out of their
learning, or where the school curriculum might need to be changed or adapted, an IEP
may be what is needed.
What information do they contain?
An IEP picks out short-term steps or targets to support a child’s progress in school. It
also says how these targets will be met, including any additional support needed, either
from within school, or from agencies outwith education, e.g. health, social work.
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Who sets the targets?
The child or young person and their parent/carer should be involved with the school in
deciding the targets in the IEP, helping decide how to meet those targets and giving an
opinion about whether the targets have been met.
The child or young person with their parent or carer would normally meet with the
school once a term to review the IEP i.e. discuss how well it is working, and whether
anything needs to be changed.
What would the targets look like?
Targets can be set for any part of the curriculum, e.g. maths or language, but may also
be set for personal and social development such as independent living skills, behaviour
management or communication skills, e.g. A target might look like this:
“He will try to control his speech to produce ‘smooth talking’ in reading.”
This target could be because the child has a stammer that he would like to control. The
IEP might say that he will be given a block of 6 weeks support from a Speech and
Language Therapist to work on breathing techniques which may help, and that he would
be doing “paired reading” in the class with another pupil, so he could be supported in
reading and learn how to breathe at the right times.
Information Sheet 5
What is a Co-ordinated Support Plan (CSP)?
A CSP is a different type of written plan usually for a smaller number of children and
young people. A CSP is a legal planning document. This means that all education
authorities should follow the same detailed rules and regulations.
CSPs must be reviewed at least once a year. A review can be requested earlier if
circumstances change. The CSP has to be updated regularly to keep up the level of
support needed.
The aim of a CSP is to make sure that all the agencies working with the child or young
person, including the school, are working together in the best possible way to meet his
or her needs.
Who are CSPs for?
CSPs are for children or young people who:
1. Need significant extra support – for example they might have a disability, or have
more than one problem seriously affecting their learning at the same time, resulting in a
great deal of support being needed.
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2. Have support needs that are going to last for a long time - at least a year.
3. Need support from people outside school, i.e. Health, Careers Scotland, Further or
Higher Education Institutions or from a non-education function of the local authority e.g.
Social Work, as well as in school.
If this description fits my child, can I ask for a CSP?
Yes you can. In the same way that you could ask the local authority to find out whether
your child has additional support needs, you can ask them to decide whether a CSP
might be needed. (If your child has additional support needs, you can request specific
assessments, eg. Educational, psychological or medical, at any time.)
What is in the CSP?
A CSP has information about:

the additional support needs of the child or young person

the “factors” or reasons leading to these needs, e.g. details of how the child’s
disability makes it difficult for them to learn

the educational targets for the child or young person

the kind of additional support needed to meet those targets

details of who will provide the support

information about the person co-ordinating the support

details of a contact person from the education authority, who can provide advice
and further information.
What if I disagree with a decision in relation to the CSP e.g. if I think my child
needs one and the education authority disagrees?
Any parent of a child, or young person who needs his parent to speak for him, or the
young person himself, can appeal to the Additional Support Needs Tribunal. Most local
authorities also offer a mediation service to parents and children, which tries to avoid or
resolve disagreements in terms of this new law. An independent advocacy service
should be available to support children and families through the Tribunal.
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What if my child goes to private school or nursery, or is educated at home - does
this new law still apply?
The local education authority CAN still help with advice in terms of additional support
needs, or the need for a CSP, but it does not have a DUTY to help, because it is not
responsible for your child’s school education.
What if the local education authority arranged for my child’s place at a school run
by a different local authority, or an independent special school?
Then your local education authority is still responsible for identifying and looking after
your additional support needs. However, if the child is being educated outwith his or her
home authority as a result of a successful placing request, the responsibility for that
child’s education and all provisions under the Act transfer to the host authority.
To summarise, what are some of the new duties on the education authority if your
child has additional support needs?
1. They have to have a system for identifying who has additional support needs, or
who might need a CSP, and what those needs are.
2. They then have to find out whether or not you do have additional support needs, if a
reasonable request has been made.
3. They have to provide a Co-ordinated Support Plan (CSP) where the child or young
person fits the criteria and needs or appears to need a CSP, unless unreasonable to do
so.
4. At least 12 months before the young person with additional support needs is due to
finish school, the education authority have to take advice from agencies who are likely
to be supporting him or her when they leave, as well as listening to the views of the
child and his or her parent, or the young person himself. (However ENABLE Scotland
recommends that ideally this transition process should start when your child reaches
age 14, especially where they have complex needs.)
5. They must provide information TO the agencies or colleges who are going to
support the young person once he leaves school, if he agrees. It must be done at least
6 months before the school leaving date.
6. They have to allow the child’s parents or the young person to have someone
accompany them to meetings, either to support them, or to speak on their behalf. They
must take account of the views of the child or young person and their parent(s) or
carer(s).
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7. They must provide independent, free mediation services to help children or young
people with additional support needs and their parents resolve or avoid disagreements
with the education authorities. It is optional, and does not stop you taking the
disagreement to an Additional Support Needs Tribunal.
For further information on the 2009 amendments to the ASL Act, please see ENABLE
Scotland’s factsheet on “Changes to the Additional Support for Learning Act.”
Phone Enable Direct on 0300 0200 101 for a copy or download it from our website
www.enable.org.uk
If you need more help:
Enquire is the national advice service for Additional Support for Learning. They provide
information and advice and can answer your questions on all aspects of the education
system and how it works; your legal rights and responsibilities; resolving disputes or
concerns; local services to support and the meaning of educational jargon.
Contact the Enquire helpline on 0845 123 2303, email info@enquire.org.uk or visit their
website at www.enquire.org.uk
A parents’ guide to the Act can be found at
http://enquire.org.uk/publications/parents-guide , and a summary of common questions
and answers can be found at
http://enquire.org.uk/what-is-additional-support-for-learning/questions/reason-why-asl
For an easy summary of the differences between the original 2004 Act and the 2009
Amendments, click on
http://enquire.org.uk/20100622/wp-content/uploads/2010/05/ASL-Act-2009-changes.pdf
Govan Law Centre’s Education Law Unit is Scotland’s expert legal resource in the
field of school education, with a particular focus on tackling discrimination, promoting
human rights and the rights of disabled pupils and pupils with additional support needs.
The Education Law Unit works in partnership with schools, education authorities,
parents’ groups and charities across Scotland to make pupils’ rights and parents’ rights
in education a reality.
Govan Law Centre (GLC) is an independent, charitable community controlled law centre
operating in Scotland.
For legal advice on educational matters, contact Govan Law Centre’s Education Law
Unit on 0141 445 1955, email equality@edlaw.org.uk or visit their website at
www.edlaw.org.uk
ENABLE Scotland, Charity No. SC009024.
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