Scottish campaigners 'deeply concerned' over 60% drop in number of ASN pupils with legally-binding care plans

Campaigners have set out a series of urgent measures they say are required by the Scottish Government to address a “worrying” fall in the number of pupils with legally-binding support plans.

Councils have a statutory duty to put in place a co-ordinated support plan (CSP) for youngsters with long-standing additional support needs (ASN) if they are linked to factors requiring significant help from more than one service.

In the past decade, the proportion of pupils in Scotland with ASN has doubled to more than 40 per cent of the entire roll, or 284,448 youngsters.

However, at the same time the number of pupils with a CSP has plummeted by more than 61 per cent, from 3,128 to just 1,215 children.

It means only 0.4 per cent of those identified with ASN in Scotland have a CSP.

School pupils in Scotland (Pic: Michael Gillen) | NW

The plans not only impose duties on local authorities but provide access to legal redress, with appeals over support and care decisions able to be taken to a tribunal.

Concerns about the downward trend in CSPs have been highlighted by the campaign group ASN Reform Scotland, which represents more than 5,000 parents and carers, and the Scottish Children’s Services Coalition (SCSC), which is a group of specialist care providers.

They say the sharp decline in CSPs, in contrast to the rise in pupils with ASN, suggests a “serious shortfall in meeting the needs of Scotland’s most vulnerable learners”.

Erin McCart, spokesperson for ASN Reform Scotland, said: “The gap between the growing number of children with ASN and the declining number of CSPs is simply not justifiable.

“The threshold for receiving a CSP is already difficult to meet, and local authorities are using vague terminology to deny children the support they need. We must act now to reverse this worrying trend.”

A spokesperson for the SCSC said: “We are deeply concerned that the significant reduction in CSPs goes against the Scottish Government’s previous assurances that the proportion of pupils with CSPs would not decrease.

“With more children than ever identified with additional support needs, the reduction in CSPs leaves many vulnerable pupils without the legally enforceable support they are entitled to.”

It is claimed local authorities often reject requests for CSPs, citing a child’s needs as not being “significant”, even when all other criteria are met.

ASN Reform Scotland and SCSC are calling on the Scottish Government to expand access to CSPs, ensuring all eligible pupils receive a legally binding plan, while also removing barriers preventing their effective use, and improving collaboration between local authorities, health, education, and social work services to ensure statutory duties are being met.

They also want investment in resources and training to raise awareness and understanding of CSPs among families, carers, and professionals, including targeted training for local authority and school staff.

“We urge the Scottish Government to take immediate action to address the decline in CSPs and ensure that children with complex needs receive the legally binding support they are entitled to,” said the spokesperson for the SCSC.

“We are committed to working with the Government and other stakeholders to ensure that every child in need of a CSP can access one.”

In 2023, the biggest reason for ASN in Scotland was “social, emotional and behavioural difficulty”, followed by having English as an additional language, having moderate learning difficulties, dyslexia, autistic spectrum disorder, other specific learning difficulties, and having family issues.

The rising numbers of ASN pupils has been linked to greater awareness and better diagnosis, as well as the impact of disruption to education during the pandemic, and deepening poverty amid the cost of living crisis.

Following an inquiry last year, MSPs on the education committee at Holyrood said they were “extremely concerned” about the negative personal experiences they had heard about additional support for learning provision in Scotland, and the implementation of the presumption of sending most ASN pupils to mainstream schools.

The committee’s report also noted that the number of children and young people with a CSP was “extremely small” and the criteria set out for qualifying for a CSP is “creating a barrier to pupils and parents and carers being able to access the Tribunal”.

Meanwhile, an investigation by The Scotsman last year found huge concern among parents at the shortage of spaces in special schools for the soaring number of children with complex ASN, as well as a lack of transparency over the way they are allocated.

A spokesperson for council umbrella body Cosla said: “Local authorities are committed to supporting all children and young people to achieve their full potential and enjoy their learning experiences.

“Our Additional Support for Learning action plan, overseen jointly with the Scottish Government, sets out the steps we are taking to improve the support for children, young people and their families.

“Support for children and young people is based on their individual needs, and coordinated support plans are used where input is required from more than one service or agency, such as health or social work.

“The purpose is to ensure that there is effective co-ordination of support from education authorities and other agencies so that complex needs can be met. Through Getting it Right for Every Child, other approaches may be used, such as a multiagency Child's Plan.

“If any child, young person or family member would like to understand more about the support they may need, they should speak to their school. They will endeavour to address any concerns and work with partner agencies to facilitate the support required."

A Scottish Government spokesperson said: “All children and young people should receive support to reach their full potential. It is reflective of the inclusive approach of Scottish education that additional needs in schools are increasingly recognised by local councils, who carry the statutory responsibility for the delivery of education in Scotland.

“Spending on ASN by Scotland's councils reached a record £926 million in 2022/23 and it is welcome the latest statistics show a record high level of attainment levels amongst ASN pupils. We recognise the growth in ASN presents challenges which is why the Budget offers a package of measures worth an additional £29 million, including support for the recruitment and retention of ASN workforce.

“Children should receive appropriate support regardless of whether a coordinated support plan (CSP) is in place.”