Assessing Additional Support Needs
Each education authority has to put in place appropriate arrangements so that they can determine which of their pupils have additional support needs and which of those require co-ordinated support plans. The law does not specify what form those arrangements might take.
The process of determining one or both of these questions is triggered by one of two things:
- a written request by a parent or young person; or
- the education authority acting on the basis of their own observations (e.g. a class teacher notices a child having difficulty reading).
Where either of the above occur, the authority must formally determine whether the child or young person in question has additional support needs and/or requires a co-ordinated support plan (as the case may be) - unless it would unreasonable to do so. If the authority decide that a child or young person requires a co-ordinated support plan, they must then go ahead and prepare a plan for them.
As a part of either process of determination, a parent or young person may make an "assessment request". An assessment request is a written request that the authority carry out a particular type of assessment or examination. This might be an educational, medical or psychological assessment or examination, or it might be something more specific such as an assessment under the Children (Scotland) Act; a speech & language therapy assessment, or an assessment for a specific medical condition like dyslexia, Asperger's syndrome or ADHD.
The education authority must comply with an assessment request unless the request is unreasonable. The Code of Practice suggests that a request might be unreasonable if:
- it was not in the child's best interests;
- it was not relevant to the child's circumstances;
- it would duplicate assessments already carried out, etc.
It is important to remember that the right to make an assessment request does not include the right to specify by whom the assessment or examination should be carried out. The education authority decide upon the appropriate person to carry out any given assessment.
Time Limits
Where a parent (or young person) makes a written request that the authority determine whether or not a child (or young person) requires a co-ordinated support plan, the authority must notify the parent (or young person) as to whether or not they propose to comply with that request as quickly as possible, and certainly no later than 4 weeks after the request is received.
Where the authority has decided (whether following a parental request or otherwise) that it will determine whether or not a child or young person requires a CSP, it must formally inform the parent of their proposal to do so. Then, within 16 weeks of that date (i.e. the date of informing the parent(s) or young person) the authority must:
- give a copy of the plan to the parent(s) or young person; or
- inform the parent(s) or young person as to the reasons for the decision that the child or young person does not require a plan.
The 16 week time limit need not be adhered to if it is impractical to do so due to one of a number of exceptions, including:
- the parent or young person wish to provide additional advice and information after the time limit for doing so;
- the parent or young person has made an assessment request which cannot be completed within the time limit;
- the authority has requested advice, information or help from another agency and that agency has not complied within the time limit;
- exceptional personal circumstances affecting the child / parent / young person;
- the child / parent / young person is absent from the area for 4 weeks or more; or
- the child or young person fails to keep an appointment for an examination or assessment.
Once it becomes clear to the authority that they will not be able to meet the 16 week time limit, the authority must inform the parent or young person of that fact, the reasons for the delay and the new date on which a plan will be provided (or the reasons why a plan is not required). In any event the maximum period cannot be extended beyond 24 weeks.
The next section is all about Powers and Duties.