Braille

A Vision for Equal Education

80% of learning in schools is through vision – which means that traditional education models exclude children with visual impairments. The number of
children with a visual impairment (VI) has more than doubled in the last seven years which, when coupled with a reduction in specialist VI teachers, makes the issue of how VI children are supported in their learning journey a critical one.

Attainment, measured by the number of pupils moving onto a ‘positive destination’ after school, is 5% lower for children and young people with a visual impairment than for those without additional support needs (although it is currently on an upwards trajectory). More worryingly, progression to higher education for VI students is on the downturn.

With Scotland’s education system presuming that a child will be educated in a mainstream environment (Section 15, Standards in Scotland’s Schools etc Act 2000), it is likely that visually impaired pupils will attend a mainstream school. The fall in numbers of specialist teachers and support staff, however, can mean that VI children are left to cope with a visual learning environment without adequate adaptation or support.

The Royal Blind, the charity which runs the Royal Blind School, has recently launched a campaign to highlight the difficulties faced by pupils with a visual impairment. ‘Our Vision for Equal Education’ furthers their commitment to a future where all vision impaired children and young people receive the specialist support they need.  The campaign includes four key actions:

  1. A Scottish Government Action Plan to recruit and retain the specialist teachers needed for the increased numbers of vision impaired pupils.
  2. A new SQA training qualification in vision impairment for education support staff and others, including those providing care and therapy.
  3. Effective transitions for vision impaired young people post-school education.
  4. A fair and pupil centred placement system for vision impaired young people.

These campaign aims, if realised, would support education authorities and others in fulfilling their duties to make adequate provision for the additional support needs of pupils with a visual impairment, and to make reasonable adjustments to avoid substantial disadvantage to such pupils as a result of their disability.

For more information about the campaign, please go to: https://www.royalblind.org/royal-blind/campaigns/reports-and-consultation-responses/our-vision-for-equal-education

Photo credit: https://www.flickr.com/photos/rolanddme/4944962234

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Additional Support Needs Update (Issue 2)

The second newsletter is now available to download. Do please read it, share it and subscribe for future editions.

This editions covers: notes on the news; the attainment challenge; meeting children’s healthcare needs in school; school clothing grants; and a spotlight on Enquire.

You can also let me know what you think about the newsletter or its contents in the comments.

The Additional Support Needs Update, Issue 2

Autism, Disability and School Exclusions

Regular readers of this blog and my Additional Support Needs Update newsletter may recall a case in which a mother successfully claimed against Glasgow City Council for discriminating against her son, who has an Autistic Spectrum Disorder. The nub of that case was that he had been excluded, to the detriment of his mental health, for behaviour related to his disability. The behaviour in question included occasions when he was distressed, and when feeling cornered, he could lash out.

The Tribunal, in that case, was satisfied that the child met the definition of a disabled person for the purposes of Section 6 of the Equality Act 2010. This meant that the protection against discrimination afforded by the Equality Act came into play, and the education authority had an obligation to make reasonable adjustments for him in school.

The reasoning of the Tribunal seems straightforward. The child had a disability, and the behaviours linked with it were protected by the Act. However, as often is the case, the law is not as straightforward as it could be. There are situations where being a disabled person in terms of the Act may not offer universal protection. Although all disabilities should be treated equally, some are more equal than others.

The Regulation 4 exception

Reg 4 of the Equality Act 2010 (Disability) Regulations 2010 sets out conditions that are not to be treated as impairments or disabilities – including things like voyeurism and a tendency to set fires. One such exception at Reg 4(1)(c) is “a tendency to physical .. abuse of other people”. Guidance issued in May 2011 makes it clear that this exclusion applies not only where such behaviour constitutes an impairment in itself, but where it “arises as a consequence of, or a manifestation of, an impairment that constitutes a disability for the purposes of the Act”. In the latter circumstance, the behaviour that falls within the exception will be excluded from protection, but the rest of the effects of the disability will be covered.

Put simply, where your child has a condition which manifests itself in a number of ways, including physical outbursts, they will be protected by the Act except where any discrimination they may experience is as a result of the physical outbursts (if the outbursts amount to a tendency to physical abuse). Those are an excluded condition under the Act.

Even if your child, like the child in the Glasgow City Council case, is excluded because the school environment leads to a violent response, you may find that there is a barrier to challenging that exclusion.

Human Rights for all

You may be thinking that that does not seem in the spirit of the Act – and you would, in my view, be right. Although it was not an argument that ultimately required to be decided in the Glasgow City Council case, it was one I made in front of the Tribunal – in that case and in others.

Now, however, the matter has been put determined in a recent Upper Tribunal decision in England: C & C v The Governing Body of a School (SEN) [2018] UKUT 269.

The child, in this case, had autism, anxiety and Pathological Demand Avoidance (PDA). The appeal concerned a fixed term exclusion from the school for 1.5 days. The reason given for the exclusion was ‘aggressive behaviour’. The First Tier Tribunal dismissed the claim as although it considered that the child generally met the definition of a disabled person, he had been given the exclusion as a result of his ‘tendency to physical abuse’.

The family appealed on the basis that Reg 4(1)(c) should be disapplied to avoid a breach of Article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Article 14 provides that the enjoyment of the rights conferred by the Convention should be secured without discrimination. One of the rights covered by the Convention is the right to education (in Article 2 of the First Protocol).

The Upper Tribunal agreed that Reg 4(1)(c) applied to both freestanding conditions as well as conditions arising in consequence of protected impairments. While there may be good social policy reasons to exclude free standing conditions ‘that are not generally recognised as disabilities’, the Secretary of State failed to justify, in the context of education, maintaining a provision:

“which excludes from the ambit of the protection of the Equality Act children whose behaviour in school is a manifestation of the very condition which calls for special educational provision to be made for them.”

The decision making process was fortified by the belief of officials, set out in a discussion paper in October 2017 and produced to the Tribunal, ‘that there would be fewer exclusions of disabled children from school if regulation 4(1)(c) applied only to free-standing conditions’

For those reasons, the Tribunal found that, in the context of education, regulation 4(1)(c) of the 2010 Regulations violates the Convention, and should not be applied in the circumstances of this particular case.

So, what now?

This is a decision of great significance across Great Britain. In Scotland, exclusion rates for children with additional support needs are twice those of children who don’t require support. In England and Wales, a child with a disability is seven times more likely to be permanently excluded. It is hoped that this judgement will lead to schools thinking twice before resorting to exclusion, and to more appropriate supports being put in place by budget holders at authority and government levels.

The decision does not mean that disabled children cannot be excluded for violent behaviour, simply that the school must be able to justify in law any such exclusions. Education authorities in Scotland should also consider their exclusion practices more generally, as higher rates of exclusion for disabled pupils may leave them vulnerable to indirect discrimination claims as well.

It is encouraging that the Westminister Government seem to be considering an amendment to the Regulation. Hopefully, this judgement will speed that up. With Brexit putting the UK’s commitment to the Convention in doubt, having this concession enshrined in statute would offer some peace of mind to families with disabled children.

school tie

School Uniform Grants across Scotland’s 32 education authorities

As schools return, remember that it may not be too late to apply for a school clothing grant from the local authority. School uniform can be expensive and the Scottish Government have recently provided additional funding to ensure that the minimum grant available is £100. Different authorities have different eligibility criteria, however, and the deadlines and application processes vary, too.

I have therefore put together a spreadsheet which summarises the position in each of the 32 local authorities in Scotland for this school year (2018/19). This is based on my understanding of what the websites say, so you are best to check locally, but this should be a helpful pointer.

Remember that there may also be other supports available, such as school uniform banks or back to school banks, which are becoming more widespread.

Spreadsheet guide to School Uniform Grants

 

Image Credit: lucuzade – https://en.wikipedia.org/wiki/File:Richmond_School_Tie.jpg

Learning Disability Week 2018

It is Learning Disability Week 2018: a week focusing on, and celebrating, the lives and talents of people with learning disabilities in Scotland. The theme this year is “My Generation” – aiming to highlight the experiences of young people with a learning disability, and what changes can be made so that this generation can reach their goals in life.

Education is critical to creating opportunities for children with learning disabilities, and the right support and environment can make all the difference. In Scotland, Section 15 of the Standards in Scotland’s Schools etc. Act 2000 provides children with learning disabilities with the right to be educated in a mainstream school (although there are some specific exceptions) and the education system in Scotland is structured around this concept of inclusive education.

We’ve come a long way

Educating pupils with learning disabilities in Scotland has evolved considerably since the Warnock Report in 1978 – and the passing into law of the “presumption of mainstreaming” did not mark the end of the process. Far from it. Over subsequent years, there has been a progressive increase in the recognition of the rights of all pupils to have fair access to education.

The Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002 introduced the requirement for Accessibility Strategies for education authorities and independent schools, with an emphasis on:

  1. increasing the extent of participation in education;
  2. improving the physical environment of schools; and
  3. improving communication with pupils with a disability.

The revised Scottish Government guidance on Accessibility Strategies is particularly good, and well worth reading.

“..through Curriculum for Excellence, the curriculum in Scotland is recognised as the totality of experiences which are planned for children and young people through their education, wherever they are being educated. This totality includes the ethos and life of the school as a community, curriculum areas and subjects, interdisciplinary learning and opportunities for achievement.

“Disabled pupils have exactly the same curriculum entitlements as their non-disabled peers.”

Accessibility Strategies guidance (Scottish Government, 2014)

The Education (Additional Support for Learning) (Scotland) Act 2004 introduced the concept of additional support needs and aimed to modernise and strengthen the system for supporting children’s learning needs. Alongside this sits the Equality Act 2010 (replacing the Disability Discrimination Act 1995 and others) which makes disability discrimination in schools unlawful.

Importantly, the legislative framework (particularly the Equality Act 2010) aims for the inclusion of pupils with disabilities not just in the classroom, but in the playground, after-school clubs, school social events, school trips etc. Full inclusion in the whole life of the school is the aim.

“the way in which a trip is organised can lead to discrimination if, for example, the necessary reasonable adjustments are not made for a disabled pupil. A school is less likely to discriminate if it plans a trip taking into account the need to include all pupils irrespective of their protected characteristics rather than if it arranges a trip and then tries to adapt it to make it inclusive. ”
Technical Guidance for Schools in Scotland, para 3.10 (Equality & Human Rights Commission, 2014)

Has inclusion been achieved in practice?

The framework for inclusion is in place, and when supported by well-trained teachers, assistants, allied health professional and other external agencies, the benefits to the child and the whole class is manifest.

One family, providing evidence to the Education and Skills Committee in 2017 noted that they were encouraged to pursue mainstreaming for their child with Down’s Syndrome when a young friend pointed out:

“that some young people might also want to meet and help people like our daughter and this made us think of a more positive side to mainstreaming, which meant that others (staff included) might benefit and blossom meeting her”

Four years later they and their daughter have not looked back…

The opportunities now available to her, both socially and educationally, could not have been provided to the same extent had their daughter not attended mainstream school. They certainly would not have been available to her forty, or even twenty, years ago.
There are many successful inclusion stories, but there are also concerns that some children’s needs are not being met in mainstream – and an ever present suspicion that finance, and not inclusion is driving the push to mainstream.

So, what’s next?

The Education and Skills Committee’s recent investigation noted inconsistencies across education authorities and schools. The provision was better in schools whose ethos embraced inclusion and where individual teachers adopted inclusive practices as a matter of course. There was also evidence of children from advantaged backgrounds receiving better support as their parents pushed for identification, and after that the appropriate support.

Education authorities and schools need to have a consistent approach to inclusion. It should not be left to a child’s parents (although their involvement in the system is to be encouraged). In instances where mainstream school is not appropriate, this needs to be identified as early as possible – without waiting for crisis point to be reached.

Resources are always an issue, but the resources need to be spent wisely as well. My own view is that significant additional resources spent now on intensive training and awareness building for front-line teaching staff would pay dividends in the not too distant future.

Scottish Government remain committed to mainstreaming, and inclusion, but are reviewing the best way to put these principles into practice.

In their consultation, which closed for comment in February 2018, they cast light on how they intend to support authorities in this process, by introducing a newly created draft guidance for mainstreaming. According to the Scottish Government:

“This non-statutory guidance will present a vision for mainstreaming, building on the best available evidence on inclusive approaches to education. It will aim to touch upon other, complementary policies as part of a joined-up approach. The guidance has been developed to support all local authorities, all schools, and all teachers and practitioners.”

The four key principles are to:

  • Improve outcomes;
  • Meet the needs of all children and young people;
  • Support and empower children, young people and all those involved in their education; and
  • Outline an inclusive approach which identifies and addresses barriers to learning for all children.

Implementation of the presumption of mainstreaming requires a commitment to inclusive practice. The guidance links inclusive practice with the presumption throughout and includes key features of inclusion and guidance on how to improve inclusive practice in schools. While these could be more strongly worded (and may yet be revised in the final draft), I am of the view that the revised guidance will be an important stepping stone towards a truly inclusive system.

My own response to the Scottish Government consultation on the presumption of mainstreaming can be read elsewhere on this blog.

Additionally, the Scottish Government is researching inclusion in practice to get a wider understanding of the current state of play. It is hoped that the final research report will be available by the end of the summer. Both the consultation responses and the research will be used to inform the final version of the guidance and future policy development and reporting.

Online resources on inclusive education for practitioners are being developed by Education Scotland, along the same lines as the Addressing Dyslexia Toolkit.
These next steps in the journey are of critical importance and all those involved in education must strive to make sure that inclusion is not just jargon, but becomes a daily reality for pupils in every school in Scotland. Children with learning disabilities deserve no less.


I am a trustee of the Scottish Commission for Learning Disability, but this article (as with everything on this site) is a personal view.

Get involved with Learning Disability Week and let as many people as possible know about it by applying the handy Learning Disability Week themed designs from the SCLD website to your social media channels and documents.

Use #LDWeek2018 in your posts to raise awareness and help SCLD to keep all news related to the week in one place!

The Scottish Commission for Learning Disability is

Additional Support Needs Update

I am very excited to be able to tell you that my first ever free newsletter is now available to download. Do please read it, share it and subscribe for future editions.

This editions covers: notes on the news; a case law review; transitions; placing requests and appeals; and a spotlight on DIFFERabled Scotland.

You can also let me know what you think about the newsletter or its contents in the comments.

The Additional Support Needs Update, Issue 1

Do Check Plan & Act

Education authorities in Scotland should be paying attention at the back, following a decision under the Equality Act 2010 and its application to the planning of additional support for disabled pupils. A recent Tribunal decision (now upheld on appeal) found that a failure to provide an adequate Co-ordinated Support Plan (CSP) amounted to unlawful disability discrimination by the Council.

The duty to provide a CSP is not found in the Equality Act 2010 but in Section 2 of the Education (Additional Support for Learning) (Scotland) Act 2004. The fact that a failure to comply with a duty in this unrelated statute can amount to discrimination is of particular importance – especially for pupils who are both disabled and have additional support needs. Alert readers may recall the case of DM v. Fife Council in which the Council’s failures under the post-school transition duties under the 2004 Act, led to a finding of discrimination under the 2010 Act.

Continue reading “Do Check Plan & Act”

ASN Tribunal launches child centered website

Perhaps anticipating a rush of applications following the recent extension of rights for 12 to 15 year old pupils, the Health and Education Chamber of the First-tier Tribunal for Scotland (Additional Support Needs) has launched its website ‘needs to learn’. And very helpful it is too.

The Additional Support Needs Tribunal is set up to adjudicate on disability discrimination claims relating to school, as well as references made under the Education (Additional Support for Learning) (Scotland) Act 2004.

In Scotland, most children over the age of 12 are deemed to have the capacity to make a disability claim directly, and not rely on their parents to do so on their behalf. For additional support needs references, the process is a bit more complex than that, involving assessment of both capacity and wellbeing. Nonetheless, most pupils aged 12-15 with additional support needs should also be in a position to access the Tribunal directly.

The recent extension of rights for this age group enables pupils to ask their school or local authority if they need extra educational support and, if they do, allows them a say in how that is provided. This places the child front and centre in their education journey.

Equipping children with the information and support required to make a claim or reference to the Tribunal is a critical part of this empowerment. The needs to learn website sets out to do just that.

The website is easy to navigate and is split into to two main sections. One providing general information and the other aiming to guide a child through the steps required to make a claim or a reference.

The information section has helpful contacts, including that of the My Rights, My Say service, that was set up by the Scottish Government at the beginning of the year, along with that of Enquire and the Equality Advisory and Support Service. Importantly this section also explains commonly used legal terms in an attempt to demystify the legal process and explains what happens once a claim or reference has been made. It also outlines all the options available to allow the child’s voice to be heard through the tribunal process.

The remaining part of the site contains practical information to help a child make an application to the tribunal, be that a claim or a reference. This is a great resource for pupils and their parents and carers alike. Even if an appeal is made by the parent on behalf of their child, then the information section will still assist in explaining the process to the child and outline all the ways in which they can participate in it.

There is a very short time limit for making an appeal to the tribunal (two months in many cases). If you think you may have been discriminated against, or are not receiving the right educational support, then please contact one of the organisations contained in the tribunal information section, or a solicitor, as soon as possible.

Mainstreaming, presumably.

The passing of the Standards in Scotland’s Schools etc. Act 2000 brought with it a statutory requirement for education authorities to provide education for all in mainstream schools unless certain exceptions applied. This is known as the “presumption of mainstreaming”.

Since then, there have been many changes in education law in Scotland. As such the legislative framework now requires education authorities to consider a wide range of issues alongside the presumption of mainstream education. When considering placements for children, authorities need to consider: the need to make provision of additional support to children and young people with additional support needs; the need to avoid discrimination (including disability discrimination) and to comply with their public sector equality duty; the need to plan for improving accessibility of all aspects of school life (Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002); and to consider the wellbeing of children and young people (Children and Young People (Scotland) Act 2014 – still to be brought into force).

The Scottish Government remain committed to a presumption of mainstreaming, and this consultation sets out draft guidance for education authorities. According to the Scottish Government:

“This non-statutory guidance will present a vision for mainstreaming, building on the best available evidence on inclusive approaches to education. It will aim to touch upon other, complementary policies as part of a joined-up approach. The guidance has been developed to support all local authorities, all schools, and all teachers and practitioners.”

The four key principles are to:

  • Improve outcomes
  • Meet the needs of all children and young people
  • Support and empower children, young people and all those involved in their education.
  • Outline an inclusive approach which identifies and addresses barriers to learning for all children.

So, does it do that?

The principles outlined above do support a wider goal of inclusion. However, the key features outlined to support these principles often fall short of promoting true inclusion. A strengthening of the wording of the expectations is required to create clear and unambiguous guidance for local authorities.

The guidance does seem to deal in generalities and overlooks the fact that decisions require to be made about an individual and their particular needs and circumstances. Mainstream education requires to be properly supported (and resourced) to ensure it is properly inclusive, while recognising that it will not be the answer for everyone.

My view is that the guidance requires to focus on the needs of the individual child in order to achieve the inclusion goals set out by the Scottish Government.

For further comments on the guidance as currently drafted, please see my full consultation response, below.

Continue reading “Mainstreaming, presumably.”

Long division of power

The consultation on the new Education (Scotland) Bill closed on 31st January 2018. The Scottish Government’s aim was for the consultation paper to set out how the proposed “changes will improve educational outcomes for young people, how they will work in practice, and what legislative changes are needed to enable them to happen.” In short, they invited views on whether the changes would deliver empowered schools and a teacher-led system.

The mechanism for achieving this goal can be found in the raft of powers to be devolved to headteachers in the ‘Headteachers’ Charter’. Currently exercised primarily by the education authority these powers relate to the curriculum, staffing and budgets. The changes also propose the beefing up of parental involvement and engagement; pupil participation and new bodies called Regional Improvement Collaboratives.

While the scope and ambition of the proposals are to be commended, in my response to the consultation paper, I flag genuine concerns as to the division of power, duties and accountability. Empowering schools is one thing, but power without a transfer of legal responsibility creates a vacuum of accountability into which bad decisions could escape unchallenged. Throw Regional Improvement Collaboratives into this opaque accountability mix, and these issues become seriously problematic.

For this and other comments on the effect of the Bill as currently drafted, please see my full consultation response below.

Empowering Schools

The consultation document says that local authorities will retain their “overarching duties” in relation to the provision of education. The fifth paragraph of p7 specifically references the following duties:

  • The duty to ensure the provision of adequate and efficient education in their area (s.1(1) Education (Scotland) Act 1980), having regard to the age, aptitude and
    ability of the pupils (s.1(5) of the 1980 Act)
  • The duty to ensure that school education is directed to the development of the personality, talents and mental and physical abilities to their fullest potential.
    (s2(1) of Standards in Scotland’s Schools etc. Act 2000)
  • The duty to have regard to the views of children and young people in decisions which significantly affect them (s2(2) of the 2000 Act)

There are, in fact, many more duties which apply to education authorities – as I understand it, the legal duties (and legal responsibility) will remain with the
education authority in almost all regards.

The consultation document notes that “In practice, when it comes to actual provision of school education, headteachers and the teachers in their schools carry out
these roles on behalf of the local authority which employs them.” This is true of every legal duty imposed on a local authority and is not a good reason in itself to
consider a transfer of powers and responsibilities.

In fact, as the consultation reads, what is being suggested is that the power to make decisions should be transferred to Headteachers, without also transferring
legal duties, responsibility or accountability as well. There are obvious problems with this separation of power and accountability. For the parent who has a
complaint (or a legal case) in relation to the actions of a headteacher, to whom do they address that complaint. To the headteacher in the first place, perhaps.

Thereafter where? Is there any point in making a complaint about a headteacher to the education authority, if they are not able to direct the headteacher in
relation to that matter? What if the headteacher claims to be following the policy or guidance of the Regional Improvement Collaborative, which is headed by the
Chief Executive of another local authority altogether? Where does accountability lie for the legal responsibilities being devolved?

If power is genuinely to be transferred to individual headteachers, then meaningful (and legal) accountability for the exercise of those powers must also transfer.

Pg 9 mentions a “model of shared accountability” – the danger of this approach is that it can be difficult then to find meaningful redress where problems arise. Unless the Scottish Government actually intend to make each of these three (headteachers, local authorities and regional improvement collaboratives) jointly and severally liable for each others’ acts and omissions, it is difficult to see how this serves to do anything other than obscure where legal responsibility lies.

Headteachers’ Charter

The requirement for schools to work together will be difficult to achieve without first constituting schools as a legal entity with responsibilities all of its own. Has consideration been given to the potential impact of the duty to work collaboratively with other partners on the CSP? Where the collaboration involves a school from another local authority, that may be regarded as an “appropriate agency in terms of s.23 of the 2004 Act. Are the Regional Improvement Collaboratives to be regarded as an “appropriate agency”?

The local authority’s annual statement of improvement objectives, linked with both the school improvement plans and the national priorities. They required to include matters covered by the Equality Act 2010. The local authority will remain the responsible body in law – accountable for Equality matters in relation to each of the schools it manages. Removing that body’s requirement to plan to improve equality as part of an annual planning process is problematic.

Annual statement of improvement objectives also have a requirement re: Gaelic language – where does this responsibility lie now?

Having individual schools create school improvement plans which are consistent with annual improvement objectives set by a larger central body (the education authority) is one thing. Having an even larger central body (a Regional Improvement Collaborative) create a single improvement plan which takes into account and somehow brings together potentially hundreds of different school improvement plans each based on individual local factors seems to me a much more difficult proposition.

Pg 11 states that “local authorities must be able to allocate resource to support the provision of additional support for learning.”. This seems to attempt to draw a
separation between the provision of mainstream education and “additional support”. This is a matter of concern. For one thing, the provision of additional support
is most often done within mainstream schools and carried out by existing school staff (class or subject teachers, support staff etc) using existing school resources. It is both artificial and retrograde to try and separate out “resource to support the provision of additional support for learning” from other resource allocation. To do so is to suggest that additional support is an added extra rather than a core requirement – something to be expected of every school and every teacher – it also undermines the idea of inclusion for pupils with additional support needs.

There are potential difficulties with allowing headteachers to recruit staff, while the education authority remain responsible as employer for performance, discipline or grievance. What happens if the grievance is that the member of staff was not selected for a promotion? Or that they are not adequately supported in their work due to a lack of recruitment to key roles? How does the local authority respond to such a complaint in relation to decisions in which they have had no input?

Pg 13 states that “Local authorities will continue to be responsible for ensuring provision of specialist services and for managing provision of support for learners’ additional needs.” Again, this is a matter of concern. It is unrealistic and a backwards step to try and differentiate “provision of support for learners’ additional needs” in this way.

Additional support is not an added extra rather it is a core requirement – something to be expected of every school and every teacher. It also undermines the idea of inclusion for pupils with additional support needs.

Parental and Community Engagement

Legal duties for working collaboratively with parent councils, and the definition of parental involvement and engagement are said to include a prominent place for
learning in the home and family learning. Is the intention to impose a duty (or expectation) that parents have a duty to engage in family learning in the home? To
do so in a particular way or to a particular standard? For schools to have a role in monitoring or supporting such learning? Such duties will need to be carefully
drafted to avoid creating unrealistic expectations.

Further, one important aspect of parental engagement is the ability to exercise a democratic control on the education authority through local elections. If the
responsibility for children’s education is being dispersed to schools and Regional Improvement Collaboratives, that means that there is little remaining over which
parents (and others) will have the ability to influence by voting.

Pupil Participation

The consultation document notes an intention for general duties on Head Teachers to promote and support pupil participation. However, there is no legal duty to consult with pupils or to hear and take account of their views in relation to these same “specific aspects”. Given that pupils have a right to be consulted on prescribed changes in terms of the Schools (Consultation) (Scotland) Act 2010, and can exercise their own rights in terms of recent amendments to the Education (Additional Support for Learning) (Scotland) Act 2004, my view is that the time has now come to formalise the role of the pupil council, especially for secondary age pupils. Statutory guidance to pupil councils should also be issued and support given to ensure that pupils councils are a genuine means of pupil expression and not just a tick box exercise with parameters set by school staff.

Regional Improvement Collaboratives

Care must be taken in embedding these requirements in legislation that the duties of the local authorities do not become diluted and masked. The collaborative areas are so large that it may be difficult to adopt strategic priorities for improvement that are not very general indeed. The next step down is school improvement planning. Given that so many other relevant plans will remain at local authority level (children services planning, public sector equality duty, accessibility strategies) it may be a mistake to remove the requirement for improvement planning from local authorities – and certainly difficult to retain a sense of local democratic accountability.

Education Workforce Council for Scotlan

It will also be important that as a registration and regulatory body, clear and impartial complaints processes are available and accessible for parents, pupils and others who may have cause to raise concerns about misconduct or competence.

The Education Workforce Council for Scotland is an opportunity to make sure that all those working with children in schools and other educational contexts are properly qualified and trained. There is a danger that specifying “additional support staff” or “ASL support workers” as a separate category gives the impression that responsibility for additional support lies only there. While such workers should certainly be covered, it would be important in terms of professional standards that this responsibility is specified front and centre for all those within the education workforce (of whatever type).

Iain Nisbet, Education Law Consultant