1. #IncludED – ENABLE Scotland National Conference

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

3. 4 Types of Rights
Acts
Decisions
Advice or Information
Views

4. 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

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

6. 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

7. 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

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

9. Cairn Legal
@CairnLegal