The Education (Additional Support for Learning) (Scotland) Act 2004: Implication for the Practice of Educational Psychologists

Abstract

This year's PDP is unique in that the focus of all three documents within the publication is the Education (Additional Support for Learning) (Scotland) Act 2004, referred to here as the ASL Act. This Act represents for educational psychologists the most significant piece of legislation since the amendment to the Education (Scotland) Act 19801 which defined special educational needs and introduced the Record of Needs. A Code of Practice will accompany the ASL Act and it is fitting therefore, that the group had a significant role in shaping the first draft of the Code before moving on to look more closely at the specific implications for the practice of educational psychologists in Scotland. Even in law, there appear to be no certainties and much within the ASL Act will remain open to interpretation at this stage. For example, by what criteria is it established that a child is able to 'benefit from school education', or whether the additional supports required are 'significant'? This PDP publication has been produced within a complex and changing legal environment as it has progressed alongside the consultation period on the Code of Practice and has been finalised without having had sight of the final form of this Code. The commencement date for the ASL Act is anticipated to be November 2005, however, it is crucial that psychological services and local authorities are aware of and have discussed the many potential implications of this Act on day to day practice.