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The 2021-22 Programme for Government included a commitment to invest £4 million until March 2024 to support public services to consistently uphold children's rights. The financial memorandum that accompanied the original UNCRC Bill set out how that would be spent and included commitments to invest in: accessible guidance and training; awareness-raising to support children and young people to be human rights defenders; a sustainable approach to the strategic participation of children and young people in decision-making; a social marketing campaign to raise the profile and support for children’s rights across Scottish society; and support for public services and senior leaders to progressively realise the rights of children.

While the social media campaign could not be progressed due to the delay to the UNCRC Bill, all of the other support is either in place or in development.

Our investment in supporting the implementation of a children’s human rights approach has been £4,117,974 in 2021-22, £5,022,545 in 2022-23 and is currently forecast to be £5,121,064 in 2023-24. This includes the cost of:

• work to progress the UNCRC (Incorporation) (Scotland) Bill and develop supporting guidance;
• grant funding of organisations that are supporting public authorities to take a children’s human rights approach (Scottish Youth Parliament, Children’s Parliament, Together, Young Scot and the Improvement Service)
• grant funding of organisation that help children and young people to seek redress for rights issues (Clan Childlaw and Scottish Child Law Centre);
• grant funding of organisations delivering on children’s rights through the Children, Young People and Families Early Intervention Fund
• national funding of Unicef’s Rights Respecting School Award;
• the development of a child-friendly complaints process in partnership with the Scottish Public Services Ombudsman;
• the UNCRC innovation fund that is funding 8 local authorities and their partners to embed children’s rights; and
• the development of a national children’s rights skills and knowledge framework.

The Equalities, Inclusion and Additional Support for Learning budget was £26.8 million in each of 2021-22, 2022-23 and 2023-24 which equates to 0.65%, 0.63% and 0.65% of the wider Education and Skills portfolio budget.

This budget includes the Scottish Government’s investment of an additional £15 million per year since 2019-20 to help local authorities respond to the individual needs of children and young people. This investment has helped contribute to the highest recorded level of support staff in schools, 16,606 in 2022.

The Scottish Government’s policy towards local authorities’ spending is to allow local authorities the financial freedom to operate independently. As such, the vast majority of revenue funding is provided by means of a block grant. It is the responsibility of individual local authorities to manage their own budgets and to allocate the total financial resources available to them, including on education, on the basis of local needs and priorities, having first fulfilled their statutory obligations and the jointly agreed set of national and local priorities.

The most recently available Local Government Financial Returns show that Additional Support for Learning accounted for a record high of £830 million of Gross Revenue Expenditure in 2021-22, equivalent to 12.1% of Gross Revenue Expenditure on education.

The term additional support needs under the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act) applies where for whatever reason children or young people are unable to benefit from school education without the provision of additional support. Therefore, the information requested in relation to colleges and universities is not applicable.

There are no national recommended standards or benchmarks for the caseload of school staff working with children and young people with additional support needs. School staffing decisions are the responsibility of individual local authorities. Therefore the information requested is not held by the Scottish Government.

All teachers are responsible for supporting pupils with additional support needs, not just those teachers whose role is specifically related to additional support for learning. The ratio of pupils to teachers has remained at its lowest since 2009.

We currently estimate the awards of around 160,000 people will be selected for ‘managed transfer’ to Adult Disability Payment.

Data on the outcomes and achievements of school pupils with additional support needs are published on the Scottish Government website.

Achievement of Curriculum for Excellence Levels data provides information on attainment of school pupils in literacy and attainment ( ). Information on pupils with additional support needs can be found in Section 4.3 of the publication. The latest data available is for 2021-22 with 2022-23 data due to be published on 12 December 2023.

Data on the attainment and initial destinations of school leavers can be found in the Summary Statistics for Attainment and Initial Leaver Destinations publication ( ). Information on pupils with additional support needs can be found in tables 3 and 6. The latest data available is for 2021-22 with 2022-23 data due to be published in February 2024.

Data on the follow-up destinations of school leavers can be found in the Summary Statistics for Follow-up Destinations publication ( ). Information on pupils with additional support needs can be found in table 3. The latest data available is for 2021-22 with 2022-23 data due to be published in June 2024.

The Higher Education Statistics Agency (HESA) and the Scottish Funding Council (SFC) publish a range of information for colleges and universities for disabled students. Information can be accessed through their websites at ( ) and releases ( ).

The Students Awards Agency Scotland (SAAS) publish data each year on the number of supported Higher Education students at college and university claiming Disabled Students’ Allowance (DSA). Data is available through the Higher Education Student Support in Scotland publication ( ).

This information is not held centrally.

However, the Pupils with complex additional support needs: research into provision published on 19 September 2023 reflects practice and provides examples of the transition process followed by a child or young person with additional support needs to a specialist settings.

The term additional support needs under the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act) applies where for whatever reason children or young people are unable to benefit from school education without the provision of additional support. Therefore, the information requested in relation to colleges and universities is not applicable.

Local authorities have duties under the 2004 Act to identify, provide for and review the additional support needs of their pupils. Local authorities are supported in fulfilling these duties under the 2004 Act through the on additional support for learning. Chapter 3 of the code covers identifying additional support needs and the assessment process.

As set out in published on 19 September 2023, there were 241,639 pupils recorded as having additional support needs in 2022.

Under section 70 of the Education (Scotland) Act 1980, any interested party can make a complaint 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.

For Independent Adjudication, applicants write officially to Scottish Ministers with their complaint. Ministers will nominate an Independent Adjudicator. However they do not have any involvement in decisions after that point. Ministers also officially appoint the panel of Independent Adjudicators.

Since 2016-17, 7 complaints have been made under section 70 of the Education (Scotland) Act 1980 relating additional support needs provision, and 13 complaints have been made through applications for independent adjudication.

Complaints under section 70:

1 – City of Edinburgh Council

1 – Perth and Kinross Council

2 – Highland Council

1 – West Dunbartonshire Council

1 – Comhairle nan Eilean Siar (Western Isles)

1 – Midlothian Council

Complaints through Independent Adjudication:

1 – East Dunbartonshire Council

1 – Aberdeen City Council

2 – Scottish Borders Council

1 – Dundee City Council

2 – Glasgow City Council

1 – East Lothian Council

1 – Comhairle nan Eilean Siar (Western Isles)

1 – West Dunbartonshire Council

1 – North Lanarkshire Council

2 – City of Edinburgh Council

Under the Additional Support for Learning Act 2004, education authorities have duties to identify, provide for and review the additional support needs of their pupils. Parents and carers are encouraged to continue to engage with their child or young person’s school about the support that is in place. The aim is for disagreements to be resolved at as local a level as possible, and as quickly as possible, to ensure that children and young people receive the support they need to access and benefit from learning. As these complaints are dealt with at a local level, the information is not held centrally.