Current status: Answered by Jenny Gilruth on 13 June 2025
To ask the Scottish Government how it evaluates whether local authorities, including Scottish Borders Council, are fulfilling their duties under the Education (Additional Support for Learning) (Scotland) Act 2004.
Local authorities are supported in fulfilling their duties under the 2004 Act through the statutory code of practice on additional support for learning.
In instances where parents/carers are concerned that education authorities may not be fulfilling their duties under the Education (Additional Support for Learning) (Scotland) Act 2004, there are a range of dispute resolution mechanisms available under the 2004 Act. These include mediation, independent adjudication, and referral to the Additional Support Needs Tribunal.
Under section 70 of the Education (Scotland) Act 1980 any interested party can make a reference to the Scottish Ministers that a responsible body (the managers of a school or education establishment, an education authority or other persons) has failed to discharge a duty imposed on them by or for the purposes of any enactment relating to education.