The under noted Policies and Human Rights are for information only, Borders ASN Parent Carer Forum's intention is to provide Parent Carers with this information, which can be useful for parents in advocating for this child, young person, and Parental Rights. It is not exhaustive and there are other organisation's who may support your children and young people with additional support needs rights.
The Children and Young People (Scotland) Act 2014 is to make Scotland the best place to grow up by putting children and young people at the heart of planning and delivery of services and ensuring their rights are respected across the public sector.
GIRFEC Getting It Right For Every Child.
Getting it right for every child (GIRFEC) is based on children’s rights and its principles reflect the United Nations Convention on the Rights of the Child (UNCRC). It is for all children and young people because it is impossible to predict if or when they might need support. GIRFEC also respects parents' rights under the European Convention on Human Rights (ECHR).
The GIRFEC approach:
is child-focused - it ensures the child or young person – and their family – is at the center of decision-making and the support available to them.
is based on an understanding of the wellbeing of a child in their current situation - it takes into consideration the wider influences on a child or young person and their developmental needs when thinking about their wellbeing, so that the right support can be offered
is based on tackling needs early - it aims to ensure needs are identified as early as possible to avoid bigger concerns or problems developing
requires joined-up working - it is about children, young people, parents, and the services they need working together in a coordinated way to meet the specific needs and improve their wellbeing
The GIRFEC approach has been tested and developed across Scotland since 2006. It is based on research evidence and the experiences of practitioners, families and children.
A report published by the Nuffield Trust found that the GIRFEC approach to promoting and improving wellbeing is leading the way in the UK.
GIRFEC is central to all government policies which support children, young people and their families and is delivered through services and people who work with families.
Click of the link : https://www.gov.scot/policies/girfec/principles-and-values/
My Right My Say: All children have the right to have their views considered when decisions are being made about the support they get with their learning. Children aged 12–15 now have the right to be more involved in decisions that affect them. My Rights, My Say provides: - advice and information about a child’s rights - advocacy to support a child to have their voice heard when talking to their school - independent support to make sure the child’s views are heard in the formal process (such as assessments) - support to enhance professional practice in listening to children’s views - legal representations to support a child making a reference to the Additional Support Needs Tribunal. Further Information: https://enquire.org.uk/service/my-rights-my-say/
Parents Rights in Education
Parents can access information on: Education (Additional Support for Learning) (Scotland) Act 2004: https://www.legislation.gov.uk/asp/2004/4/contents Under the Education (Additional Support for Learning) (Scotland) Act 2004 (as amended), education authorities have a statutory requirement to identify, provide for and review the additional support needs of children and young people for whose education they are responsible
Within the Law Parents have the right to :
have their views listened to and be involved in decisions about their child’s education and support
have a supporter or advocate present at meetings about their child’s needs
ask the local authority to find out whether their child has additional support for learning needs
ask the local authority for a specific assessment of their child’s additional support needs
receive information or advice about their child’s additional support needs
ask the local authority responsible for their child’s education to find out whether their child requires a co-ordinated support plan (CSP)
ask their local authority for a specific assessment to find out if their child needs a CSP
be asked for their views and for them to be taken into account in their child’s CSP
use the free independent ASL mediation service
make a referral to the Additional Support Needs Tribunal
make a placing request
an appeal against a local authority decision to refuse their placing request
request independent adjudication.
Learning Together is the National Action Plan on parental involvement, engagement, family learning and learning at home. This is due to be updated in 2021 please get in touch if you would be engaged with any consultations regarding this: https://www.gov.scot/publications/learning-together-scotlands-national-action-plan-parental-involvement-parental-engagement/pages/7/
Disability Equality Scotland : provide vast resources on policy and equality in Scotland, this is a great site for information and resources on Equality and Disability laws : https://disabilityequality.scot/
Scotland Childrens Service Coalition
SCSC are a campaigning organisation and have supportive resources for Parent carers who children have an Additional Support Need: https://www.thescsc.org.uk/campaigns/additional-support-needs-asn/
ENQUIRE Advice for parent to get the answers to your questions about additional support for learning : https://enquire.org.uk/advice-for-parents/
Contact the Enquire Helpline on : 0345 123 2303
Let’s Talk ASN – National Advocacy Service for Additional Support Needs : https://enquire.org.uk/service/lets-talk-asn-national-advocacy-service-for-additional-support-needs/
RESOLVE: ASL RESOLVE:ASL provides independent additional support for learning mediation https://enquire.org.uk/service/resolveasl/
Additional Support Needs Tribunal
The Additional Support Needs jurisdiction (the ASN Tribunal) hears references (appeals) from parents and young people against decisions of education authorities regarding the provision of educational support under the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act). Children aged between 12 and 15 years who have capacity to make a reference (and where their wellbeing will not be adversely affected) can also make two types of references: • A reference in relation to a co-ordinated support plan (CSP) • A reference appealing against the education authority’s assessment of the child’s capacity or wellbeing. The Equality Act 2010 (the 2010 Act) provides the right to make a claim (appeal) to the ASN Tribunal in respect of disability discrimination relating to pupils in school education. Claims may be made by the parent, the young person or the child (where the child has the capacity to make the claim).
Telephone : 0141 302 5860
Web Address : https://www.healthandeducationchamber.scot/home
Scottish Child Law Centre Free expert legal advice on children’s rights and child law across Scotland. Our free confidential legal advice service is provided via telephone and email, on all aspects of Scots law relating to children and young people. All calls and emails are answered by fully qualified solicitors https://sclc.org.uk/
PARTNERS IN ADVOCACY
Independent Advocacy for Adults in Edinburgh and Children & Young People across Scotland. We provide independent advocacy to support people to have their voices heard, their opinions respected and to be involved in the important decisions that affect their lives. Independent advocacy is free and confidential – anyone can make a referral. Partners in Advocacy is independent of all other agencies, such as social work and NHS professionals. We are happy to answer any questions and if you would like to make a referral, just get in touch with us.