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Consultation on Extending Children’s Rights - Guidance on the assessment of capacity and consideration of wellbeing. Analysis of Responses

Consultation on Extending Children’s Rights - Guidance on the assessment of capacity and consideration of wellbeing. Analysis of Responses

Wednesday, December 20, 2017

ISBN: 9781788515184

Analysis report of the responses from the consultation on Extending Children’s Rights- Guidance for education authorities and school staff on assessment of capacity and consideration of wellbeing of children who have attained 12 years of age in respect of additional support for learning in school education

Executive Summary

The Scottish Government opened a 12 week consultation on Extending Children’s Rights - Guidance for education authorities and school staff on assessment of capacity and consideration of wellbeing of children who have attained 12 years of age in respect of additional support for learning in school education, on 25 August 2017. The consultation closed on 17 November 2017.

The consultation sought views from those involved in supporting children and young people with additional support needs. This consultation would also have been of interest to those organisations and individuals who have an interest in the promotion of children’s rights in Scotland.

The Education (Additional Support for Learning) (Scotland) Act 2004 (“the Act”) has been amended by the Education (Scotland) Act 2016. This extension provides that eligible children will have largely the same rights as young people and parents under the Additional Support for Learning legislation, except in relation to placing requests and the use of mediation services. It is intended that these amendments to the Act will commence in January 2018.

The purpose of this guidance is to provide education authorities and schools with non-statutory guidance on the assessment of capacity and adverse impact on wellbeing, which is a requirement introduced as part of the extension of children’s rights.

As well as providing this non-statutory guidance on extended children’s rights, the amendments to the Act have also required the statutory guidance to the Act (The Supporting Children’s Learning Code of Practice) and associated regulations to be updated, which were part of a separate consultation held earlier this year. An analysis report and a link to the published consultation responses can be found at: http://www.gov.scot/Publications/2017/11/2376

Extending Children’s Rights – Guidance on the assessment of capacity and consideration of wellbeing can be found at: http://www.gov.scot/isbn/9781788515177

Supporting Children’s Learning: Statutory Guidance on the Education (Additional Support for Learning) Scotland Act 2004 (as amended) Code of Practice (Third Edition) 2017 can be found at:  http://www.gov.scot/ISBN/9781788515160