#IncludED – ENABLE Scotland National Conference

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Presentation transcript:

#IncludED – ENABLE Scotland National Conference

The extension of rights to children aged 12 to 15 with additional support needs. Education (Scotland) Act 2016 ENABLE National Conference 2017

4 Types of Rights Acts Decisions Advice or Information Views

Included Establish additional support needs Establish Co-ordinated Support Plan Assessment request Named advice and info contact (CSP) Request review of CSP Receive info on EA proposal to establish 1 or 2 Receive copy of the CSP Consent to data sharing (post- school transition) Supporters and advocacy Views re: mediation Dispute resolution Reference to ASN Tribunals Information published by education authority Not Included Mediation Placing requests Children with no additional support needs

How an adult exercises their rights … Adult decides to exercise right Adult exercises right

How a child exercises their rights … Child decides to exercise right Child notifies authority of their intention to exercise right Authority notifies child’s parent of their intention to assess child’s capacity to exercise right Authority assesses child’s capacity Authority assesses impact on child’s wellbeing Authority not satisfied Child refers this to the ASN Tribunal ASN Tribunal assesses child’s capacity ASN Tribunal assesses impact on child’s wellbeing ASN Tribunal overturns the authority’s decision Child exercises right Authority informs parents (and child) of outcome

Support Service Distinct from advocacy service provided for parents / young persons Free service for children aged 12 or over who: wish (or may wish) to exercise their rights; or whose parents wish or may wish to exercise their rights. Service includes: Advice, assistance and information (incl. legal advice) re: these rights A supporter or advocate for discussions in relation to these rights An advocate to conduct discussions with education authorities and make representations An advocacy service for children re: ASN Tribunals

Other developments in the Education (Scotland) Act 2016 Definition of “young person” Learning hours Section 70

Cairn Legal www.cairnlegal.co.uk info@cairnlegal.co.uk @CairnLegal

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