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ASL progress report reveals too many children still missing out

30 November 2022

Children in Scotland has responded to the latest ASL Implementation Plan progress report, published by the Scottish Government. 

The second ASL Implementation Plan progress report from government identifies work undertaken since November 2021 and actions to be delivered over the course of the current Parliament in response to the recommendations made during the current review of implementation of additional support for learning, started in January 2019.

Published today (30 November) it identifies that across the 76 original recommendations, 24 have been fully met whilst progress continues to meet and deliver on the 52 outstanding.

Review of progress

Some key progress points highlighted include:

  • Continued work of the Inclusion Ambassadors to raise awareness of the experiences of pupils with ASN, provide resources to support better inclusion practices and celebrate best practice through the new Success Looks Different Awards
  • Ongoing funding for vital national services including Enquire, Let's Talk ASN and My Rights, My Say
  • Representation of parents and carers on all Scottish Government groups about additional support for learning as well as additional funding for groups who support and enable continued engagement
  • Creation of a new Pupil Support Staff Professional Framework
  • Revised teaching standards with specific mention of additional support needs and neurodiversity
  • Additional support for learning now forms part of the Association of Directors of Education Scotland leadership programme.

Too many children still missing out

While Children in Scotland welcomes progress so far and a commitment to deliver on the remaining recommendations, we worry that progress continues to be slow. This means too many children and young people are still failing to receive the support they are legally entitled to.

We would also like to see more analysis of the impact of current measures and how these are making a tangible difference to the educational experiences of children, young people and their families.

Billy Anderson, Children in Scotland’s Head of Services responded to today’s report, saying:

“The delivering of a number of recommendations made originally in Angela Morgan’s 2019 Review of ASL Implementation is very welcome. We thank the Scottish Government for continuing to focus their efforts to deliver change and improvements for all young people who require additional support for learning.

“We are pleased to be able to play a part in delivering on these through our continued support of the Inclusion Ambassadors group and delivery of the Enquire, Resolve and My Rights, My Say national services.

“However, the pace of progress is slow and there are some gaps in the reporting that need to be filled in order to provide a fuller picture of the impact for children and families so far.

“We also note there is a lack of reference to children who are on part-time timetables, those who have been excluded from school, as well as children and young people with additional support needs who are disproportionately affected by the ongoing impact of the Covid-19 pandemic and are faced with the current cost-of-living crisis."

“We welcome the progress and will continue to support the Scottish Government to deliver on their commitments but are calling for a sharpening of focus and an increased pace of progress so that those who are currently in education see a direct improvement to their educational experiences as well as laying the foundations of positive, sustainable change for the future.”

Children in Scotland is also calling for more evaluation of the actions taken so far, as well as reference to how they have directly impacted on the specific issues raised in the original report, including more input from parents, young people and teachers about the real-terms difference to their lives.

The Additional support for learning review action plan: second progress report is now available on the Scottish Government website.  Click here to read the full report.

Enquire has also produced an easy-read version suitable for children, young people and their families.  Click here to access this version of the report.

ASL Implementation progress report

Read the Scottish government's second progress report

Click here to view

ASL Progress report: easy read version

Read the easy read version of the progress report from Enquire

Click here to view

Policy briefing: Education and learning

Outlining evidence supporting our calls for change

Click here to read

Enquire

More about the national advice service for additional support for learning

Click here to visit their website

Inclusion Ambassadors

Find out more about the work and resources from the Inclusion Ambassadors

Click here to visit their website

My Rights, My Say

Supporting 12-15 year olds with ASN to be more involved in decisions about their lives

Click here to visit their website

Resolve ASN Mediation services

Creating solutions for educational disagreements

Click here to visit their website
Headshot_Lucy McKee

Magazine /

Comment: We need more action on the use of restraint and seclusion in schools

Posted 23 November, 2022 by Jennifer Drummond

Additional support ASL ASN Children's rights Education

Three years on from its report into the use of restraint and seclusion in schools, ENABLE Scotland has highlighted the lack of progress. Here, Lucy McKee (pictured), reiterates the call for more to be done to protect the rights of disabled young people.

As an ENABLE Scotland Ambassador, my role is to raise awareness of our work to promote and support the rights of people with learning disabilities throughout Scotland. An important issue for the rights of young people with learning disabilities we have been campaigning on is the use of restraint and seclusion in schools, where young people are physically restrained or removed from classrooms as a result of behaviours directly linked to their disability. For too many young people, this has resulted in physical and emotional injury which have lasting effects for them and their family.

Legislative change

We believe there need to be new laws to protect young people from the damage caused by restraint and seclusion.

In 2019 we published our report, In Safe Hands, which provided testimony from young people and parents of how they had been affected by restraint and seclusion. It highlighted the fact these practices are used on hundreds of occasions in schools each year.

ENABLE Scotland Trustee and campaigner Beth Morrison has campaigned on this issue for many years since her son Calum was forcefully restrained in his school setting. Since 2010, Beth has campaigned tirelessly for Calum’s Law on restraint and seclusion. Since 2019 when ENABLE published In Safe Hands, Beth took calls from over 600 families who claim their child has been the victim of seclusion and/or restraint in their school setting. She is now working with Daniel Johnson MSP who is examining the potential to bring forward a Members' Bill on restraint and seclusion in the Scottish Parliament.

Slow progress

The campaigns which ENABLE and Beth have worked on together to raise awareness of these incidents led to the Scottish Government consulting on new guidance for staff in schools to reduce the use of restraint and seclusion. During the Scottish Government’s consultation, ENABLE published a new report, In Safe Hands Yet. This report stated that, three years after we called for action, there has not been enough progress to protect the rights of young people with learning disabilities on this important issue.

Call to action

While we welcome the consultation on new guidance for schools, we are concerned that this will be non-binding and does not go far enough. In Safe Hands Yet calls for urgent action to:

  • Publish statutory guidance
  • Centrally monitor and regulate the use of restraint and seclusion in schools
  • Introduce and mandate training for education staff in strategies to minimise the need for seclusion and restraint in schools
  • Launch a national strategy to eliminate the use of seclusion and restraint in our schools.

We believe the Scottish Government’s proposed Learning Disability, Autism and Neurodiversity Bill also gives us the chance to change the law. We do not want to have to ask the question 'in safe hands yet?' again in another three years with little progress. We want to see concrete action being taken to protect the human rights of children and young people with learning disabilities in our schools.

Lucy McKee is ENABLE Scotland’s Membership Ambassador

Click here to visit the In Safe Hands campaign pages

Related content

New report reveals what really matters to pupils accessing additional support for learning

6 Oct 2022

A new report from Children in Scotland has identified key messages from young people with additional support needs on how best to support their education journey.

The work is part of a larger project, managed by Education Scotland, to contribute to the development of a new professional framework for pupil support staff.

The Pupil Support Staff Engagement Project report, which follows engagement with 150 young people aged 4-19 years old across 27 local authority areas, highlights the importance of support staff and how they help young people feel safe and happy in school.

The young people involved in the participation work, led by Children in Scotland, highlighted their desire for:

  • meaningful relationships and connection with staff
  • support staff to use a nurturing approach, demonstrating kindness, patience, empathy and treating the young people with respect.
  • support staff to have up-to-date training in additional support for learning and have a good understanding of the breadth of issues people may experience
  • a recognition of individual needs and that a one-size fits all approach does not work
  • flexibility to adapt to different situations, including new ways of learning and alternative methods of support
  • consistent support
  • transparency around information sharing and decision-making.

Chris Ross, Children in Scotland's Senior Policy, Projects and Participation Officer,  said: 

“Our work on the Pupil Support Staff engagement project has reaffirmed much of what we already know about additional support for learning. Children and young people consistently tell us they want staff to focus on their wellbeing and to get to know them as individuals and that doing so supports them to learn. This continues to be reflected within the findings of this project so far.

“Putting children’s voices at the centre is key to any development relating to service provision for children and young people.

"We look forward to seeing the development of the professional framework and believe the learning from this stage of the project can play a key part in ensuring we are meeting the needs of young people with additional support needs, and embedding a rights-based approach to education in Scotland.”

Following on from Children in Scotland’s engagement work, Education Scotland will now be leading a period of engagement with practitioners across Scotland.

Click here to read the Pupil Support Staff Engagement Project report

 

Pupil Support Staff: young people's views

Sharing the views and experiences of young people who access additional support for learning

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Inclusion Ambassadors

Find out more about the work of the Inclusion Ambassadors

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"Some support assistants are sound"

Access these podcast episodes on what makes a good PSA, and why they are vital

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Looking for support or advice?

Enquire is the national advice service for additional support for learning

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My Rights, My Say

The advice and advocacy service making sure children's rights in education are heard

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Reach

Helping young people understand their right to education and support

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New award for schools celebrating pupils with additional needs

4 May 2022

MEDIA RELEASE

Schools who actively celebrate the successes and achievements of their pupils with additional support needs are to be recognised with a new award launched today.

The Success Looks Different award, developed by Scotland’s national Inclusion Ambassadors group, is asking schools to share how they are supporting the achievements of their pupils with additional support needs out with traditional academia. This could highlight school-wide celebrations of non-academic successes, or how individual pupils are recognised.

The award has been developed to support the Scottish Government’s commitment to recognise and appreciate success for pupils with additional support needs, and the forms this takes, as outlined in their Additional Support for Learning Action Plan (click here to access).

Lucy Johnson, Children’s Rights and Communications Officer with Enquire, who is managing the award said:

“We know for many children and young people, particularly those with additional support needs, exam results do not represent the successes achieved in someone’s educational journey.

“This award provides a platform for schools to share some of the innovative work we know that is going on to support and celebrate the success of their pupils where success and achievement does not necessarily come in the form of test scores.

“We look forward to hearing some of the wonderful work that is going on across the country and announcing our very first Success Looks Different award winner.”

The award is open to all publicly funded schools in Scotland, including primary, secondary, ELCs and special schools.

Schools can self-nominate by completing a short entry form available at childreninscotland.org.uk/inclusion-ambassadors-success-looks-different.

Entries will close on Friday 10 June at 5pm.

/ENDS

Contact: Jennifer Drummond, Communications Officer at Children in Scotland jdrummond@childreninscotland.org.uk

Shout about success

Find out more about the award and how to apply

Click to visit the award page

Inclusion Ambassadors

More about the work and resources created by the national Inclusion Ambassadors

Click to find out more

A vision for the future

The award is directly linked to the Inclusion Ambassadors' Vision Statement, published in August 2021

Click to download the vision
Photo of young person kicking a football on some grass, wearing football clothing. The sky is big and blue, with some clouds and the sun is bright

Magazine /

News: New Bill proposed to give legal right to transition support for disabled young people

Posted 21 September 2021 by Jennifer Drummond. Main image: Phil Wilkinson

Additional support ASL ASN Education transitions

New proposed legislation has been lodged with the Scottish Parliament to secure the statutory right to a transition plan from school to adulthood for every disabled child.

The proposed Disabled Children and Young People (Transition to Adulthood) Bill,  lodged by Labour MSP Pam Duncan-Glancy, calls for a statutory requirement on local authorities to develop a transitions plan for every young disabled person.

It also looks to introduce a Ministerial brief specifically to oversee and manage how transitions are supported.

Speaking after lodging the Bill, Ms Duncan-Glancy said:

“For too long, young disabled people have been let down. Their outcomes from school are far poorer than anyone else’s and that is not a situation we should allow to continue. The talent and potential of every disabled young person is undervalued and underused.

"That lets them down, and society down – we need to harness the potential in all of us if we’re to create a society where all children can grow up and have a fighting chance at realising their ambitions.

“This bill will help do that. By assigning a minister to oversee transitions, requiring, by law, a strategy and plan for every child’s transition from school to adulthood, we can be sure that no one falls through the cracks.

This will be the second time proposed legislation to better support transitions has been lodged in the Scottish Parliament.

In October 2019, a Members' Bill was introduced by Labour MSP Johann Lamont but fell in May 2020, at the end of the fifth parliamentary session.

The Disabled Children and Young People (Transition to Adulthood) Bill was announced on the same day BBC One Scotland aired the documentary Disclosure: On a Cliff Edge.

The 30-minute documentary film highlights the experiences of young disabled people as they move into adulthood. It features interviews with Children in Scotland’s Head of Inclusion, Sally Cavers, and former Inclusion Ambassador, Ciaran Buchanan.

Speaking in the documentary, Sally Cavers commends some local authorities for their innovative and positive practices, but highlights a need for a consistent approach that incorporation of this bill would address, and the absence of young people's participation in the planning process.

Click here to watch 'Disclosure: On a Cliff Edge' on the iPlayer, aired on BBC One (Scotland) at 8.30pm on Monday 20 September, 2021.

Related content

ASL Review action plan welcome, but actions speak louder than words

21 October 2020

Children in Scotland has welcomed publication of the Scottish Government’s ASL Review Action Plan but warned action is now required to make a tangible difference for children and young people.

Sally Cavers, Children in Scotland’s Head of Inclusion, said:

“We fully support the recommendations to systematically increase involvement of children and young people in education decisions, as outlined in the Action Plan, and welcome the comment that both national and local governments will seek to expand opportunities for engagement.

“But while we are pleased to see a commitment to strengthening involvement in policy and guidance, more action is needed to include young people in their own planning decisions.

“Evidence from our own services, such as My Rights, My Say, suggests that work should be taken forward to establish a bank of evidence highlighting barriers to involvement and participation, and identifying actions that make a tangible difference.

“The Scottish Government’s action plan, working with local authorities, commits to seeking and sharing the views of children and young people when considering responses to policy proposals. We, collectively, now need to ensure this is embedded across all schools and services.”

Calls for a new Inclusion Charter

While welcoming the vision statement, Ms Cavers warned that words alone will not lead to change on the ground. She highlighted calls for an inclusion charter which recognises those schools across the country meeting inclusivity milestones.

“The idea of an inclusion charter has been suggested by both Inclusion Ambassadors and the group of school pupils involved in My Rights, My Say," she said.

"It would commend schools, through a nationally recognised award, that demonstrate active involvement and participation of their pupils and would show genuine progress.”

The independent review, chaired by Angela Morgan, considered the implementation of the additional support for learning legislation and how this could be enhanced through a better use of resources, staffing or other aspects of provision. The review report was published in  June.

The Scottish Government’s response, the ASL Review Action Plan, was published on Wednesday  21 October.

Click here to read the Action Plan in full

Review of additional support for learning

Read the original report, prepared by review Chair, Angela Morgan

Click to read the report

Enquire

The Scottish advice service for additional support for learning

Click to visit the website

Inclusion Ambassadors

Young people have their say on how to create a more inclusive educational environment

Click to find out more

Reach

Advice for children & young people who need support in education

Click to visit

My Rights, My Say

A support service for children aged 12-15, advising on their right to additional support for learning

Click to visit

School closures 'monumental' for children with ASN

Sally Cavers writes for TES on the additional challenges facing learners with ASN

Click to read the article

"There have been too many promises of change, followed by a failure to act."

14 Aug 2020

We need to respond swiftly, effectively and listen to the many testimonies provided during the ASL implementation review, writes Sally Cavers

In June, the report of the review of the implementation of Additional Support for Learning was published. The recommendations, to me, seem well considered and an achievable response to the information gathered by the Review team, alongside the plethora of previous related reports and research.

The introduction of the report notes ‘Scotland has ground breaking, rights widening legislation for children who face additional barriers to learning and to fulfilling their potential.’ Our additional support for learning legislation is more or less universally agreed as sound and outlines what we want for our children and young people. Internationally, we are applauded for our approach.

However, like many others who have been following this legislation and its impact for a long time, I have also seen the increased dissatisfaction about resourcing and inconsistency in its application. In my view, there are four key areas where we can almost immediately change our approach and practice to vastly improve delivery, engagement and outcome.

Children and young people must be listened to in all decision making

During the review process Angela Morgan talked to children and young people, including some of the network of Inclusion Ambassadors. The young people identified what they consider to be important, and there were two stand out points for me: school needs to be a safe place, and children and young people with additional support needs continually feel underestimated in their ability and capability.

The overarching recommendation is that children and young people must be listened to and involved in all decision making relating to additional support for learning.

Co-creation and collaboration with children, young people and their families will support more coherent, inclusive, and all-encompassing policy making, which improves implementation, impact, and experience.

As one of the organisations that makes up the My Rights, My Say support service Children in Scotland is ready to fully support this recommendation for children who wish to exercise their rights in relation to additional support and also in our work to independently seek children’s views.

Improve access to online learning

The past few months have created major challenges for families and highlighted the impact and importance of good communication and support. It has also shown what can be provided for children at home which might be of benefit to some children in the longer term.

One of the calls we made with Scottish Autism and the National Autistic Society in our 2018  report Not Included, Not Engaged, Not Involved, was to improve access to online learning. Our report acknowledged that while it will not be appropriate for every situation, online learning opportunities could be utilised to ensure that those who are missing school, for whatever reason, are still given the opportunity to learn.

We recommended that Education Scotland commit to improve current digital educational resources to support the remote teaching of Curriculum for Excellence, including identifying any specific gaps in the current offer. This is particularly important, and will benefit from the learning gained from our collective experience in recent months.

Re-evaluate how we identify, and celebrate, successful learning

There is a fundamental issue with how we measure success. The ASL Implementation Review report observes the hierarchy in our education system, with some qualifications “valued significantly more highly than others”. The Scottish Government’s own summary statistics on attainment describe passes at SCQF level numbers ‘or better’, for example.

I would love to witness a real shift in recognition of achievements, with the successes of children and young people with additional support needs celebrated publicly, in equivalence to attainment and exam results. The Scottish Commission for Learning Disability is one great example of  leadership in this area, celebrating annual learning disability awards.

Review roles and remits of support staff

The points within the report related to Pupil Support Assistants (PSAs) sing to me. A call is made for a review of the roles and remits of these crucial support staff. I completely agree that standards of practice, learning pathways, career progression routes and remuneration need to be looked at.

Currently, the status awarded to PSAs says all the wrong things about our education system.

The Review itself was conducted in a very short timeframe, with evidence gathering taking place over just a few months. It was reflective of the urgency to re-evaluate how those with additional support needs were being supported throughout their learner journeys.

The response to the report’s recommendations from the Scottish Government, COSLA and the Association of Directors of Education is due to be provided in the autumn. I feel that children, families and practitioners justify a much speedier response than this, or the risk is that the momentum is not upheld.

Previously, there have been too many examples of agreement about action required but failure to progress. There were too many testimonies provided, detailing where things can be better for children and young people for us not to support, champion and action change. The past few months have shown that things can happen quickly. That it can be possible. Collaboration between services and sectors is what we need - for all our children and all of their potential.

Sally Cavers is Head of Inclusion at Children in Scotland

Road to renewal

Access more content from the latest edition of Children in Scotland magazine

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Enquire

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ASL Review

Angela Morgan published her report into ASL implementation in June

Read the report

Reach

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Read our summary of the ASL review for young people and using accessible language

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Learning after lockdown

Cat Thomson explains how Enquire is helping families as schools re-open

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New resource for children and young people summarises ASL review findings

8 July 2020

Children in Scotland was recently tasked with creating  a version of the review into Additional Support for Learning (ASL) for children and young people using accessible language.

The independent review, chaired by Angela Morgan, considered the implementation of the ASL legislation and how it could be enhanced through better use of resources, staffing or other aspects of provision.

The review report (click to read) was published by the Scottish Government on 19 June.

The new summary resource is based on the Executive Summary of the review and has been produced in an easy to read format.

Sally Cavers, Head of Inclusion at Children in Scotland, said:

“We were pleased to be asked by the Scottish Government to create a resource which shared the findings and recommendations of the review for young people, and others who may find a shorter version more accessible.

“Children, young people and their parents are key stakeholders in this review and will be most affected by any outcome, so it is essential that they are involved both in the review process and beyond.

“We are pleased the Scottish Government has taken this step to ensure young people, many of whom contributed to the review, can see how their experiences and feedback have been used.

“Members of Children in Scotland’s youth advisory group Changing our World have recommended that future publications and information for children and young people must also be in alternative formats and we have passed this recommendation on to our colleagues in government.”

The review summary, aimed primarily at children and young people, outline key findings and recommendations in 10 short sections.

These include what the current situation is, and what children, young people and parents told the review.

Click here to find out more and read the summary

Review of additional support for learning implementation

Read more about the report prepared by the review Chair, Angela Morgan (pictured)

Click to visit the website

Enquire

The Scottish advice service for additional support for learning

Click to findout more

Inclusion Ambassadors

Young people have their say on how to create a more inclusive educational environment

Click to find out more

My Rights, My Say

A support service for children on their right to additional support for learning

Click to visit the website

Reach

Advice for children and young people who need support to get the most out of their education

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Taking steps towards a more inclusive education system

10 Jan 2018

Today is a significant day in the recognition of rights of children and young people with additional support needs, writes Cat Thomson

As of today, 10 January 2018, the rights of children and young people aged 12-15 have been extended to give them many of the same rights as their parents and carers.

The extension of rights, as part of the Education (Scotland) Act 2016, means that from today, children and young people with capacity will have the opportunity to further influence decisions about their education and support.

Specifically, once children reach their 12th birthday they will now have the right to ask for their needs to be identified, have input into plans and decision-making around the type of support they may receive, have access to advocates to support them at meetings when exercising their rights, and be more involved in resolving disagreements about their support.

The Scottish Government's intention in delivering this Act is to empower children between the age of 12 and 15 to ensure they are able to influence decisions about their education and support including the identification, planning and review of their needs.

This is a welcome move. At Enquire, we know from our work with children and young people how important it is that they feel genuinely involved and listened to by the professionals supporting them and how much this can influence whether they feel school is a negative or positive experience.

These new rights will be particularly helpful to children whose parents are not always able to act on their behalf ,such as looked after children and young carers.

It is also important to note here that there may be some children and young people who do not have capacity to make their own decisions or where making use of their rights would have a negative impact on their wellbeing. Safeguards have been put in place to protect these children and we hope that these will be carried out by professionals who really know the child well, in line with the new guidance on this. The safeguards should still ensure that when a child does not have capacity or is unable to fully use their rights, decisions are still made in the best interest of the child by someone who is close to them.

Ultimately, the extension of rights is recognition that children and young people need to be, and should be, involved in decisions that directly impact on them. It provides an opportunity for those who work with and support children with additional support needs, to reflect on their practice and consider whether they are routinely listening to and involving children with additional support needs in the decision making process. If not, then there is now a legal requirement to change.

With this in mind, we support the Scottish Government’s creation of a new children’s service, My Rights My Say. This service, which will be delivered in partnership by Children in Scotland Enquire, Partners in Advocacy and Cairn Legal, is designed to support children and young people in understanding and accessing their rights and having their views heard.

Through My Rights My Say, and through Reach, our website for children and young people, we are delighted to offer advice and information to children to help them understand and use their rights. We can also offer advice and support for parents, carers and professionals through the Enquire website and helpline.

There will be much to be done in supporting professionals, parents, carers, children and young people alike to ensure their rights are realised and fully supported. But today is a step towards ensuring a more inclusive and equal education system.

Cat Thomson is Enquire's Senior Information Officer

Enquire

Find out more about Enquire, the Scottish advice service for additional support for learning

Visit the website

Reach

The website for young people offers advice and support on accessing their rights

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Children’s rights extended as new legislation comes into force

Children aged 12-15 have had their rights extended under new additional support for learning legislation which comes into force today (Wed 10 Jan).

Under the Education (Scotland) Act 2016, children under 16 years old now have many of the same rights as their parents and carers regarding additional support in education. From today, children and young people with capacity will have the opportunity to further influence decisions about their education and support, including in the identification, planning and review of their needs.

Launching the amendments during a visit to Wallace High School, Stirling, Deputy First Minister and Education Secretary, John Swinney, said:

“I am extremely proud of our record on inclusion but these new measures go even further to ensure that children in Scotland have the most rights in Europe when it comes to accessing the support they need within the education system.

Enquire, the Scottish government funded advice service for additional support for learning, welcomes the change.

Sally Cavers, Manager of Enquire said:

“We are very supportive of the extension of rights for our children.

“It is an opportunity for professionals supporting children to reflect on their practice and consider whether they routinely listen to and involve children with additional support needs in the decisions that directly affect them.”

A new children's service called My Rights My Say has also been created by the Scottish Government to make sure children know about and understand their rights and are able to access advocacy and legal representation where needed. The service will be delivered by a new partnership, of Children in Scotland and Enquire, Partners in Advocacy and Cairn Legal.

Read our press release

Read the Scottish Government's press release

Taking steps towards a more inclusive education system - Cat Thompson, Enquire’s Senior Information Officer writes about the legislation coming into force here

Enquire

Find out more about Enquire, the Scottish advice service for additional support for learning

Visit the website