A new Bill is currently being considered in the Scottish Parliament, which will extend the rights of children and young people with additional support needs.
The Bill, which has been introduced by the Scottish Government's Cabinet Secretary for Education, Angela Constance, is intended to reduce inequality of outcome by introducing legislative measures around content, delivery and fulfilment of education practices in Scotland. In amongst the proposals are plans to extend the rights of children and young people under the Education (Additional Support for Learning) (Scotland) Act 2004.
The 2004 Act puts a duty upon education authorities to ensure every child is appropriately and effectively supported in their learning, providing additional support for any child who needs it, for any reason, for any amount of time. The new Education Bill presented to Parliament which is now being examined at Committee stage, looks to extend rights of children and young people aged 12 and over, potentially allowing them to directly influence the identification of their needs their learning support.
Although some concerns have been raised around the potential for conflict, both in the decision making process but also in determining whether the child or young person involved has the required capacity to exercise these rights, organisations such as Children in Scotland have suggested these issues could be resolved with appropriate guidance and support the proposals to establish a Children’s Service providing advice, clear and accessible information, and advocacy services.
If passed, the Bill will ensure Scotland further meets the obligations and recommendations of the United Nations Convention on the Rights of the Child (UNCRC).
Read more about the Education (Scotland) Bill on the Scottish Parliament's website.