Additional Support Needs legislation

Rights of parents and young people

Parents and young people have the right to:

Request help

• request the education authority to establish whether their child has additional support needs

• request, at any time, a specific type of assessment and/or examination to consider the child’s additional support needs

• request the education authority to establish whether their child needs a co-ordinated support plan or to review an existing plan

Make placing requests

• to the education authority requiring them to place the child or young person in a specified school, which can include an independent or grant-aided special school if their child has additional support needs

• to another education authority for their child to attend a school under the management of that authority

Obtain information about their child

• that is, receive advice and information about their child’s additional support needs

• so they are informed of the outcome of requests under the Act, including reasons why a request is refused.  This includes any applicable rights to have a decision reviewed through mediation or dispute resolution, or referral to a Tribunal or an education authority appeal committee

• receive a copy of the co-ordinated support plan and any amended plan

Be asked for their views

• and to have them taken into account

Help with mediation and tribunals

• to request the use of mediation services

• to make use of dispute resolution regulations for issues about additional support needs

• and the right to refer to the Tribunal issues relating to

  • co-ordinated support plans,

  • appeals against the refusal of placing requests to special schools

  • failures by an education authority in relation to their duties regarding school to post-school transitions

• have a supporter with them or an advocate to present their case at any meeting with the school or education authority about the local authority’s duties and at Tribunal hearings

• and have access to a free advice service in Tribunal proceedings

Functions and duties of education authorities

Some of the functions and duties on education authorities for the provision of school education for children and young people in their area with additional support needs, are listed below:

Identify and review the additional support needs of children or young people

• make arrangements to identify additional support needs

• make adequate and efficient provision for each child or young person with additional support needs for whose school education they are responsible, subject to certain exceptions

• review the additional support needs and the adequacy of support provided to meet the needs of each child or young person

• provide those children or young people who need one with a co-ordinated support plan and keep this plan under regular review

• assess and provide appropriate additional support for certain disabled children under school age (in this case, generally children under 3 years of age) belonging to their area

• presume that all looked after children and young people have additional support needs and require a co-ordinated support plan unless the authority determines otherwise

Provide information

• provide parents of children with additional support needs (and young people with additional support needs), for whose school education the education authority are responsible with all of the information they are required to publish under the Act

• make sure that a summary of the information published under the Act is available, on request, from each place in the authority’s area where school education is provided

• provide this summary in any handbook or other publications provided by any school in the authority’s area and on any website maintained by any such school or the authority for that purpose

• publish, review and update information about policies and arrangements relating to provision for each child or young person with additional support needs for whose school education the authority are responsible

Have mediation and dispute resolution services

• provide independent and free mediation services for those parents and young people who want to use such services and publish information on these services

• have in place arrangements for resolving disputes

Inform relevant agencies of child leaving school

• at least 12 months prior to the expected school leaving date, request, and take account of, information and advice from appropriate agencies likely to make provision for the child or young person when he or she leaves school

• no later than 6 months before the child or young person is expected to leave school provide information to the agency who may be responsible for supporting the young person once he or she leaves school, if the child’s parent or young person agrees