If you live in Scotland and have been searching for information about EHCPs and the SEND Code of Practice, you may have noticed that a lot of the guidance online does not apply to you. That is because education is devolved, and Scotland has its own legal framework for supporting children with additional needs. It is different in some important ways, and worth understanding on its own terms.
The legal framework in Scotland
In Scotland, the key piece of legislation is the Education (Additional Support for Learning) (Scotland) Act 2004, amended in 2009. It uses different terminology to England: children are said to have "additional support needs" (ASN) rather than "special educational needs" (SEN). The term covers a broader range of circumstances, including not just disabilities and learning difficulties, but also factors like being a looked-after child, family disruption, or being a young carer.
This broader definition means more children technically qualify for support, but it also means the nature of that support varies significantly from child to child and from local authority to local authority.
Co-ordinated Support Plans
The closest equivalent to an EHCP in Scotland is the Co-ordinated Support Plan (CSP). A CSP is a statutory document for children whose additional support needs are significant, cannot be met by the school alone, and require co-ordination of support from more than one agency (for example, both education and health).
Not every child with additional support needs will have a CSP. Many will have a more informal planning document, sometimes called an individualised educational programme or similar. A CSP is reserved for children with complex, multi-agency needs. The threshold for getting one is higher than for SEN Support in England, and the process of requesting one is different.
Key differences from the English system
There are several practical differences that families moving between Scotland and England sometimes find confusing:
- There is no equivalent to the 20-week statutory timescale for completing an EHCP assessment in Scotland. Timescales for CSPs are set out in regulations but work differently.
- Scotland has a tribunal system, the Additional Support Needs Tribunals for Scotland (ANSTS), but its jurisdiction is narrower than the English SEND Tribunal.
- The right to request a placing request (equivalent to naming a school preference) works differently, and local authorities have different grounds for refusal.
- Scotland places a stronger emphasis on inclusion in mainstream settings in its legislation.
Where to get help in Scotland
The most important resource for families in Scotland is Enquire, the Scottish advice service for additional support for learning. Enquire is funded by the Scottish Government and provides free, independent advice and information for parents and carers. Their helpline and website are both excellent, and their guides are written in clear, accessible language specifically for Scottish families. If you are in Scotland and you are trying to understand your child's rights, Enquire is your starting point.
Moving between Scotland and England
If your child has an EHCP and you move to Scotland, or vice versa, the receiving authority has legal obligations to continue support. In practice, transitions can be bumpy, and it is worth getting specific advice before you move. Enquire in Scotland and your current SENDIASS service in England can both advise on what to expect and what to ask for.
Where to start
If you are in Scotland and you have concerns about your child's additional support needs, start by contacting the school's named person or the local authority's ASN team. Ask what planning is in place and whether your child meets the criteria for a Co-ordinated Support Plan. If you are unsure about your rights or the process, contact Enquire before your next meeting with the school. Having that background knowledge going in makes a real difference.