Before 2004, children's educational needs were managed according to the special educational needs system. However, in November 2005 the Education (Additional Support for Learning) (Scotland) Act 2004 was issued, marking a complete overhaul of the previous framework.
Educational Needs - The Current Position.
Amended by the Education (Additional Support for Learning) (Scotland) Act 2009, the current legislation places the onus upon 'additional support needs'. In this context, a child can be said to have additional support needs if he/she would benefit from having extra assistance with their education. This could be for any number of reasons, including a child who:-
* Has a disability;
* Has a long-term medical condition;
* Has social/emotional/behavioural issues;
* Does not speak English as a first language;
* Is coping with bereavement;
* Is being bullied;
* Is especially gifted.
Education Authorities have a duty to assess all children over the age of three for additional support needs. If a child is identified to have such needs, measures must be taken to provide the necessary support. There is also an obligation for authorities to provide help to children under the age of three who have a disability and have been referred by the NHS.
The exact nature of additional support will vary from child to child, as it will be determined by each individual's needs. Nevertheless, it is important that teachers involve parents and (if possible) the child in all decision-making.
Does Your Child Need Help?
However, what if you believe your child has additional support needs, but he/she is not receiving extra help? Is there anything you can do? As a parent facing this situation, there are a number of options available to you:-
1. Speak to your child's teacher or heath/social worker;
2. Contact your Education Authority and request an assessment;
3. Seek expert advice from a family lawyer.
Child Education Needs - What Can A Solicitor Do?
If your child is struggling at school, he/she could be legally entitled to receive additional support. If your local Education Authority is failing to provide the extra help you believe is necessary, your next step should be to speak to a lawyer. A family law solicitor can:-
* Contact the relevant Authority, requesting your child is sent to a special school or receive additional support;
* Appeal decisions relating to your child made by the Education Authority;
* Advise on methods of dispute resolution, including mediation;
* Take your case to an Additional Support Needs Tribunal.
Contact A Solicitor For Legal Advice.
If you have concerns that your child is not receiving the correct level of educational support, contact A Solicitor today.
Author Resource:-
Need specialist Family Law Solicitors Edinburgh?
McKay Norwell are Edinburgh Lawyers serving individual and business clients across Scotland.
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