A SCOTTISH children's group has warned that many young people with additional support needs (ASN) are being "failed" by a lack of legal support plans.
The Scottish Children’s Services Coalition (SCSC), an alliance of leading providers of specialist care and education to vulnerable children and young people, has raised concerns over a sharp decline in the number of legally-binding education support plans for those with complex or multiple ASNs.
So-called co-ordinated support plans (CSPs), prepared by local authorities, are the only education plans that are legal documents.
This provides some guarantees of entitlement to additional resources and legal redress, placing statutory duties on local authorities to review and ensure the provisions contained within it are being met.
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Despite a Scottish Government promise that there would be no reduction in the proportion of pupils receiving them since their introduction in 2004, there has been a significant fall in the number of pupils with a CSP, from 3448 in 2012 to 1420 in 2021, amounting to a drop of 58.9%.
This is a reduction from 2.9% to 0.6% of those with ASN, amounting to 0.2% of the pupil population.
SCSC said this is in contrast with England where the number of those receiving an education, health and care plan (EHCP), the CSP equivalent, is 3.7% of the pupil population.
Amounting more than 18 times the rate of those percentage of those receiving a CSP in Scotland, this is also on the increase.
A concern raised by the coalition is that councils are reluctant to issue CSPs due to the legal protections they afford, against the backdrop of a lack of resources to support these, with non-statutory alternatives often being offered in their place.
This sharp fall in the number of CSPs is against a background of a dramatic increase in the number of pupils with ASN, such as autism, dyslexia and mental health problems which in 2021 has reached a record high of 232,753. Of this total 58.0% cent are boys.
This represents 33.0% of the pupil population, rising from 118,011 in 2012, and is a near doubling (97.2%) in numbers from that year. The coalition has called for an expansion in access to CSPs, ensuring that those requiring it receive the care and support they are entitled to, and to revise the relevant statutory guidance, with the necessary resourcing to support this.
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A spokesperson for the SCSC said: “We are deeply concerned that there has been a decline in the use of CSPs, which are designed to support those with the most complex needs. This is despite a Scottish Government assurance that they would not decline and a dramatic increase in the numbers of those with ASN.
“By not providing this statutory support, many of those vulnerable individuals are being failed and not getting the support they are entitled to, which is of particular significance given the impact of Covid-19.
"The Scottish Government, local authorities and other agencies need to collaborate to ensure that those requiring a CSP receive it, with the necessary resourcing to support this.
“With those with ASN drawn disproportionately from poorer neighbourhoods, if we are to genuinely close the educational attainment gap they must get the care and support they need, when they need it.”
A Scottish Government spokesperson said: “All children and young people should receive the support that they need to reach their full potential. Local authorities are responsible for identifying and meeting the additional support needs of their pupils.
“We have made progress against a number of key actions in the Additional Support for Learning (ASL) action plan to improve the educational experience of children and young people with additional support needs.
“This includes working with partners through the Short-life Working Group to review the use of Co-ordinated Support Plans (CSPs). A report published by the group in November makes recommendations on CSPs.
"These will be considered by the Additional Support for Learning Implementation Group as part of their wider work to respond to the ASL Action Plan. An update will be published in the spring.”
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