Tag: Holyrood commitee

Committee warns of “intolerable” situation for children and young people with additional support needs

A Scottish Parliament Committee has reported its alarm at the gap between the ambitions and implementation of a policy that aspires for children and young people with additional support needs (ASN) to be taught in mainstream education.

Holyrood’s Education, Children and Young People Committee unanimously agreed that the policy behind mainstreaming is the best route forward, however its inquiry found that the Scottish Government and local authorities are failing to implement it properly.

Speaking as the report was published, Sue Webber MSP, Convener of the Education, Children and Young People Committee, said: “The situation faced by children and young people with additional support needs is intolerable.

“During our inquiry, we were extremely concerned to hear about negative experiences of additional support for learning provision, the educating of children and young people in mainstream schools and the detrimental impact this has had on some pupils, their parents and carers, and teachers and support staff.

“Things must change. The Scottish Government and local authorities have been repeatedly warned about the consequences of failing to improve support for children with additional support needs. With a rising number of children reporting with additional support needs, a third of pupils in some areas, the Government and local authorities must not ignore the concerns and recommendations made in this report.”

During the inquiry, children and young people told the Committee that it can be hard to understand when someone does not give them the support they need and that a lack of support staff to cope with the number of pupils who need support can leave them feeling frustrated.

The Committee was particularly concerned by evidence that highlighted challenges of getting children the support they required.

In evidence to the Committee, the National Autistic Society said: “We see continually that autistic children and young people are forced to “fail” in mainstream settings before any other option or support is offered.

“Families have to fight the system to get that support, with many being forced into legal action and having to engage a solicitor before a solution is found.”

Other concerns raised in the Committee’s report look at the problems with a move towards open-plan schools, which could prove extremely overwhelming for children with autism and the number of neurodivergent children who are masking at school.

To improve the situation, the Committee makes several recommendations including reviewing placing requests, undertaking research on the prevalence and impact of masking, and urgently addressing gaps in specialist provision.

Responding to the report, a spokesperson for the Scottish Children’s Services Coalition commented: “The report by the Parliamentary committee on a lack of support to children and young people with additional support needs (ASN) is not a surprise to any of those involved in the sector.

“We have consistently warned of a potential ‘lost generation’ of those in this group, now amounting to more than 259,000 children.

“The number of those with ASN, such as autism, dyslexia and mental health problems, amounts to more than a third of pupils, a doubling in numbers over the past decade, including an increase in those with complex needs. 

“As a coalition of organisations that support vulnerable children and young people, we have however for many years shared the concerns of the committee over a lack of resourcing to support an escalating number of pupils with ASN, including a lack of specialist teachers and support staff.

“There has, for example, been a cut in ASN spending per pupil of just under £2,000 over the last decade, and the number of specialist ASN teachers has fallen by just under 400.

“Under the new First Minister, we need a ‘national crusade’ to address of the needs of more than a third of our children and young people, providing the necessary resources to address their needs.

“While we support the principle of mainstreaming, that all children and young are taught in mainstream classes unless exceptional circumstances apply, it is difficult to see how this can work effectively when those with ASN are in many cases not receiving the necessary care and support. 

“This situation is putting an incredible level of pressure on teachers and other staff, with an impact also in terms of surging levels of school violence and poor behaviour we are witnessing.

“The committee noted this gap between policy ambition and implementation, which is leading to mainstream education being ‘intolerable’ for many children and young people with ASN.

“There are also many of those in mainstream education, whose complexity of needs would be far better served in a special school setting, delivering what is best for their educational and social requirements.

“The Scottish Government, local authorities, health and other agencies need to work in collaboration with the private and third sectors to provide the necessary resourcing and support to address the needs of children and young people with ASN.“

Reform to regulation of legal services backed by Committee majority

Proposals to reform how legal services are regulated in Scotland have been backed by a majority of MSPs on Holyrood’s Equalities, Human Rights and Civil Justice Committee.

The Regulation of Legal Services (Scotland) Bill sets out a modernised regulatory framework, which any firm that provides legal services in Scotland would be subject to. The Bill also reforms how complaints about legal firms are handled.

Evidence presented to the Committee showed that consumer groups, including Consumer Scotland, the Competition and Markets Authority and the Scottish Legal Complaints Commission’s Consumer Panel, broadly welcomed the proposals to modernise the regulatory framework. The groups told the Committee that the changes could address some of the difficulties consumers face in accessing and affording legal services.

However, the Committee also heard criticism of these proposals from the Senators of the College of Justice, Faculty of Advocates and Law Society of Scotland, who told the Committee that the current model of regulation was effective and independent.

The Committee’s report concludes, by majority, that the need to not further delay the reforms, alongside promised amendments to the proposals from the Scottish Government, outweighs the concerns that were raised.

The report calls on the Scottish Government to carry out further work on the Bill, including ensuring that the existence of two categories of regulator does not add to complexity for consumers and requests that the complaints process be further simplified.

The Committee would also like the Scottish Government to support the Scottish Legal Complaints Commission in developing a process so that complaints without merit can be quickly addressed.

Commenting on the findings, Kaukab Stewart, Convener of the Equalities, Human Rights and Civil Justice Committee, said: “During our scrutiny, we heard many strong views, particularly around the proposals to establish an independent regulator of the profession.

“Everyone on the Committee accepts that reform of the regulatory framework is long overdue and accepts that the current complaints process must be simplified.

“However, we are also aware of several significant issues with the Bill which must be resolved to ensure that the independence and efficacy of Scotland’s legal system is not undermined. The Scottish Government has sought to reassure us that it will introduce amendments to resolve these concerns.

“On balance, a majority of the Committee accept these reassurances and recommend that the Parliament should agree to the general principles of the Bill in order that we can review the amendments and not further delay these important reforms.”

Three Committee Members, Meghan Gallagher MSP, Paul O’Kane MSP and Annie Wells MSP, dissented from the report’s recommendation on the general principles of the Bill.