Education in Scotland

Education can be a minefield for children with a disability; particularly one with a confusing illness like ME/CFS. LINK member Alison Dunsire from Edinburgh sets out the legislation and guidance relative to sick children in Scotland.

Provision and planning of education in Scotland is devolved to the Scottish Executive. Local authorities fund the vast majority of schools via the Scottish Executive and education is provided free to pupils until they leave school. Education Maintenance Allowance is available for some children over-16 who remain at school or attend Further Education (FE) College, but is dependent on family income and is not related specifically to disability. Unless children attend fee-paying schools there is only one type of school available in Scotland, although some schools are denominational. Compulsory education runs from age five to 16, with an optional two years further education until age 18.

National Examinations are run by the Scottish Qualifications Authority (SQA), with Standard Grades taken in S4, Intermediates and/or Highers in S5 and S6, with the option of Advanced Highers in S6. This flexible system is particularly suited to youngsters with ME/CFS. Older pupils may attend FE college part-time to study subjects their schools do not offer.

If youngsters wish to pursue education after leaving school, the most common options are FE or Higher Education (HE) in college or university, either full- or part-time. Many establishments run access courses for people who do not have the required entrance qualifications, others are establishing online distance-learning courses. A further option is to enrol in evening classes, which may suit youngsters whose most able time of day is in the evening.

In most cases ME/CFS will impact on a child’s education to some degree. The following legislative framework dictates the regulations about education provision and the need for a multi-disciplinary approach. There is a standard procedure that should be followed in all circumstances, including over-16s still on a school roll.

The basis of education for all disabled children, including over-16s, is the 2002 Code of Practice for Schools (Disability Discrimination Act 1995) Part 4. It states that the terms ‘children’ and ‘child’ include young people over the age of 16 where they are pupils at a school or prospective pupils at a school. Therefore, schools have an obligation to treat over-16s the same as under-16s if the child wants to remain on the school register. Also under the code, education authorities are obliged not to discriminate against disabled pupils: they must "not treat disabled pupils less favourably" and they must "take reasonable steps to avoid putting disabled pupils at a substantial disadvantage". Other relevant legislation includes:

1. The Human Rights Act 1998 includes a right not to be denied education.

2. The Children (Scotland) Act 1995 requires local authorities to "promote the welfare of ‘children in need’ by providing a range and level of services appropriate to the children’s needs".

3. The Education (Disability Strategies and Pupil’s Educational Records) (Scotland) Act 2002 requires authorities to improve the accessibility to education of disabled pupils.

Once a child has been absent from school for more than 15 days, the primary school Headteacher or the secondary school Guidance Teacher should notify the Department of Community Child Health (CCH), where school doctors are based. If discussions from this referral suggest that prolonged absence or reduced attendance are anticipated (and it may be unclear, given the length of time it can take to diagnose ME/CFS), a meeting of the school representative, school doctor and the family should be arranged. There may also be input from the Educational Welfare Officer, the Educational Psychologist and the Hospital and Outreach Teaching Service (HOTS). Assessment of children who require extra support is now covered by the recent Additional Support for Learning Act 2004 (ASL). This Act dictates how children should be assessed for the new Co-ordinated Support Plan (CSP) and what rights of appeal parents have if they disagree with the decisions. The CSP relates to education within school and at other venues, including the child’s home. The CSP should state an agreed level of education to be attempted and where this should take place. Some children may attend school full-time with extra supports in place (such as transport), whilst others may require the input of visiting tutors from HOTS. Other children may be too unwell to participate in any form of education. The position should be reviewed regularly and any changes agreed upon by all.

With regard to examinations, application to the SQA for additional time, rest breaks, use of scribes or laptops etc should be made in good time. The number of subjects studied and examined will need to be reviewed regularly. The school should arrange for the child to be allocated the required candidate number by the SQA. The SQA summarises procedures on its web site. When the child is approaching the age of 16, a multi-disciplinary review should be held to discuss whether the child wants to remain on the school roll, or to make plans for FE, HE or employment. A Careers Officer (from Careers Scotland) should be invited to attend this meeting. If the child stays on at school, further reviews should be organised prior to leaving. If the child wishes to pursue post-school education, contact should be made with the Disability Liaison Office of the proposed institution to facilitate transition and arrange additional support.

The above legislation is also relevant to over-16s on a school roll. However, anecdotal evidence shows that adherence to the legislation is variable, as is professional understanding of the legal requirements. Some over-16s with ME/CFS find they have been removed from school registers without their knowledge because of prolonged school absence. Others have been told by HOTS that outreach teaching is not available for the over-16s, or that under-16s or those studying for exams take priority. Financial constraint is not a justifiable reason to deny education to the over-16s. The organisations Children in Scotland and Contact a Family Scotland give useful commentaries and advice on the legislation. Pupils attending fee-paying schools will need to negotiate all the above with the individual school, although these schools are bound by the same legislation.

The following will help young people who leave school at any stage post-16:

1. The Scottish Executive document Life through Learning: Learning Through Life describes the vision for learning opportunities at all ages.

2. learndirect Scotland supports the above strategy and helps anyone over-16 participate in learning.

3. The ASL indicates how transition from child to adult services should be co-ordinated and stipulates the duties of the education authority.

4. Post-school transitions were developed for the Scottish Executive by the Beattie Review Committee, with ‘inclusiveness’ its core aim. This means that post-school learning should be designed and delivered to meet the needs and abilities of young people.

Financial support may be available for disabled students attending FE or HE, including payment of fees, living allowances, disabled student allowances and travel allowances. Advice can be obtained from the National Bureau for Students with Disabilities and full details of available allowances can be found on the Scottish Executive web site.

Education Advice - www.childreninscotland.org.uk

Contact a Family Scotland - www.cafamily.org.uk/scotland

Scottish Qualifications Authority - www.sqa.org.uk

Additional Support for Learning, Post -School Transitions and Student Allowances can all be searched for at www.scotland.gov.uk

National Bureau for Students with Disabilities - www.skill.org.uk

Careers Advice - www.careers-scotland.org.uk

learndirect Scotland - www.learndirectscotland.com

Article last edited on Thursday 12th August 2010                          Printable Version