Extending Children’s Rights – Guidance on assessment of capacity and wellbeing of children 12 years + in respect of additional support for learning

Date: 2nd October 2017
Category: Education, Leisure and Cultural Activities

This consultation seeks views on the non-statutory guidance which has been developed in preparation for amendment to the Additional Support for Learning Act.

The Act has been amended by the Education (Scotland) Act 2016 ("the 2016 Act"). This extension provides that children will have 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 consultation seeks views in relation to the non-statutory guidance which has been developed on the provisions within the Act which require:

  • Assessment of capacity for children in relation to the use of their rights and;
  • Consideration of whether there may be adverse impact on the child's wellbeing as a result of using their rights.

The purpose of this guidance is to provide education authorities and schools with non-statutory guidance and information on the new rights of children who have attained 12 years of age and who have capacity.