Education rights in Scotland

The wellbeing of children and young people is at the heart of GIRFEC. Services working with children under 18 years old track 8 wellbeing indicators, known as SHANARRI. The indicators are safe, healthy, achieving, nurtured, active, respected, responsible and included.

Schools should use SHANARRI to measure how a child or young person child is doing. Read more about the SHANARRI wellbeing indicators (gov.scot).

A key part of GIRFEC is the named person. This is someone with an overview of all the services involved with a child or young person. The named person is the central point of contact for a family if you want advice or support.

Read more about the role of a named person (gov.scot).

Some children and young people need extra support to meet their wellbeing needs. In this case, the local authority may suggest a personalised plan. This is often called Child’s Plan (gov.scot). Some local authorities have different names for it.

If a child or young person needs a Child’s Plan, a lead professional will be agreed. This person will work with the family and services. Their role is to coordinate and review the support agreed for a child or young person.

Read more about the role of the lead professional (gov.scot).

A Child’s Plan sets out a child or young person’s needs and how those needs should be met. It should reflect the child or young person’s voice.

All the professionals who work with a child or young person must use the Child's Plan to meet their wellbeing needs. This includes a named person, the lead professional and their Teacher of the Deaf (ToD), if they have one. The ToD will explain the deaf-specific support a deaf child or young person may need as part of a Child’s Plan.

Some children with a Child's Plan will also have additional support needs (ASN). They will need extra support, known as additional support for learning (ASL). This will be recorded in an Individualised Educational Programme (IEP). Children and young people with complex needs may have a Co-ordinated Support Plan (CSP).

Information from an IEP or CSP can be included in a Child’s Plan.

Transition is the name given to any change related to education. This can include the time a child moves from primary school to secondary school. It can also include moving from P4 in one school to P4 in different school.

Whatever the reason for the transition, the local authority has a duty to undertake transition planning. They must do some form of transition planning for children with ASN.

Find out more about planning for transitions in education (gov.scot).

Reasonable adjustments are simple or inexpensive changes an education setting can make. These changes help disabled children and young people access learning. By law, education settings must make reasonable adjustments for those who meet the definition of disabled.

The laws do not say exactly what is or is not a reasonable adjustment. This is because what is ‘reasonable’ depends on different factors. Including, individual needs and the education setting they’re attending. As an example, a very small school in an older building may find it harder to improve their acoustics. A larger school in a modern building and with a bigger budget may find this easier.

Here are some examples of possible reasonable adjustments for deaf children and young people:

• staff receiving training on how to use a radio aid
• adjusting the pace and length of a learning session
• using visual cues to support teaching
• creating opportunities for one-to-one and small group work
• checking level of understanding after a lesson
• tutoring before or after a lesson
• providing equipment and technology, such as radio aids or flashing fire alarms
• providing a good listening environment
• making sure staff and students at the school are deaf aware
• writing down homework rather than giving it verbally
• adjustments to help deaf pupils access specific subjects, like foreign languages or music
• meeting communication needs, such as, providing qualified interpreters for pupils using sign language.

During school admission, schools can make reasonable adjustments, such as:

• allowing extra visits to the school and at quieter times
• staggering school start dates
• gradually increasing the amount of time a child or young person spends at school
• providing photos of staff and school areas, maps and timetables
• giving opportunities to meet other deaf students before starting
• giving information in an accessible format, for example, translating materials into BSL.

Use our template letters to request reasonable adjustments at a school and raise a failure to implement reasonable adjustments:

Children and young people with ASN may have a formal plan in place. This may be a co-ordinated support plan (CSP) or another educational plan. CSPs include reasonable adjustments. Education settings must make these reasonable adjustments.

However, many deaf children and young people with ASN will not have an education plan or CSP. If there is not a plan in place, speak to the setting about reasonable adjustments. The school can also ask for support from the local authority. This could include deaf awareness training for all the staff at an education setting.

If a setting fails to make reasonable adjustments, this is discrimination.

If you think you have experienced discrimination, contact our Helpline for support. One of our specialist advisers may be able to provide advice and support.

You can use our template letter to raise the issue of direct discrimination:

The Equality and Human Rights Commission (EHRC) has more information about disability discrimination.

If you request a place at a school managed by another local authority, you should discuss transport with the school before making a placing request, as your child won’t ordinarily be entitled to free transport. The home local authority may provide transport at its discretion.

If your child has ASN and you make a placing request to an independent special school or grant-aided special school outside your local authority, your child should be entitled to free transport. You can check with the local authority if you plan to request a school placement. However, your child should receive free transport in this situation.

Children with special transport needs will normally be individually assessed so that transport is designed for their personal needs. This may include door-to-door transport, special car seats, transport in a wheelchair-accessible minibus or the provision of an escort.

If you’re concerned about your child’s transport arrangements, you should discuss the problem with the head teacher at your child’s school in the first place.

Each LA will have its own home-to-school transport policy giving details of local arrangements. This should be available on their website. If it isn’t, you can contact your local authority and ask for a copy of their policy (COSLA).

Enquire is the Scottish advice service for additional support for learning. It produces a factsheet on school transport (Enquire).

Some schools have attendance reward schemes. The aim of these is usually to:

• encourage attendance at school
• discourage parents from taking their child out of school unnecessarily

Reasonable adjustments should be made so disabled children and young people aren't at a disadvantage. For example, children and young people should be rewarded if they have 100% attendance. Not including authorised time off due to their disability or for medical appointments.