Your statutory rights under Scottish ASL law

A plain-English summary of the rights every parent, carer, and pupil has under Scottish additional-support-for-learning law. Sources are linked. This is informational, not legal advice.

The duty to identify and meet additional support needs

The Education (Additional Support for Learning) (Scotland) Act 2004, as amended by the 2009 Act, places a duty on every Scottish education authority to identify and meet the additional support needs of all the children and young people for whose education they are responsible. The duty applies regardless of whether there is a formal diagnosis.

Right to request assessment

A parent, carer, or young person aged 16+ can request that the education authority arrange an assessment to establish whether the child has additional support needs. The authority must comply unless the request is unreasonable, and must give written reasons for any refusal.

Presumption of mainstream

The Standards in Scotland's Schools etc. Act 2000 sets a presumption that children will be educated in mainstream schools, with the support they need to make that work.

Reasonable adjustments and the Equality Act

Dyslexia is recognised as a disability under the Equality Act 2010. Schools have an anticipatory duty to make reasonable adjustments so that a disabled pupil is not placed at a substantial disadvantage.

Child's right to be heard

The UNCRC (Incorporation) (Scotland) Act 2024 means children's UNCRC rights — including the right to be heard in decisions that affect them — are enforceable in Scots law. Schools should give children meaningful ways to share their view on the support they receive.

Co-ordinated Support Plan vs Child's Plan

A Co-ordinated Support Plan (CSP) is a statutory plan for children whose support is significant and continuing, requires input from at least one service outside education, and is expected to last a year or more. Most pupils with additional support needs are supported through a Child's Plan under GIRFEC, which is the day-to-day planning document and does not carry the same statutory weight as a CSP.

When you disagree

• Independent mediation — free, provided by your local authority. Often resolves things quickly.
• Dispute resolution — an independent adjudicator looks at specific issues under the 2004 Act.
• Additional Support Needs Tribunal for Scotland — part of the Health and Education Chamber, First-tier Tribunal. Handles references about CSPs, placing requests, and refusal to assess.

Frequently asked questions

Do I need a private dyslexia diagnosis to get support in a Scottish school?

No. The Education (Additional Support for Learning) (Scotland) Act 2004, as amended in 2009, places a duty on the education authority to identify and meet a child's additional support needs whether or not there is a formal label. Identification is a collaborative process led by the school.

Can I ask the school to assess my child?

Yes. A parent or carer can make a request for assessment in writing. The education authority must comply unless the request is unreasonable, and must give reasons for any refusal. There is no fee.

What is a Co-ordinated Support Plan (CSP)?

A CSP is a statutory plan for children whose needs require significant support from at least one service outside education (such as health or social work) and are expected to last a year or more. Most pupils with additional support needs do not need a CSP and are supported through a Child's Plan or staged-intervention paperwork instead.

What is a Child's Plan?

A Child's Plan is the GIRFEC planning document used when a child needs targeted support beyond what universal services provide. It records the wellbeing concern, the desired outcomes, and who is doing what. It is not a CSP and does not carry the same statutory weight, but it is the day-to-day planning tool.

What is Staged Intervention?

Staged Intervention is the framework most Scottish local authorities use to organise additional support. The exact levels vary by council, but the principle is the same: support intensifies in steps as needs become clearer, with universal good practice at level 1 and multi-agency planning at the higher levels.

What if I disagree with the school's decision?

You can ask for independent mediation (free, provided by your local authority) or use the dispute resolution route. For specific decisions about CSPs, placing requests, or refusal to assess, you can apply to the Additional Support Needs Tribunal for Scotland (Health and Education Chamber, First-tier Tribunal).

Where can I get free, impartial advice?

Enquire (0345 123 2303) is the Scottish advice service for additional support for learning. Dyslexia Scotland (0344 800 84 84) offers a free national helpline. My Rights, My Say supports children and young people aged 12 to 15 to use their rights under the 2009 amendment.

Where to get free, impartial help

• Enquire — Scottish advice service for ASL. 0345 123 2303.
• Dyslexia Scotland Helpline — 0344 800 84 84.
• My Rights, My Say — supports children aged 12 to 15 to use their ASL rights.

See also: classroom and SQA accommodations · what to say at the school meeting · glossary of terms

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