In late 2023 the Committee agreed to undertake an inquiry into Additional Support for Learning (ASL). The inquiry, which ran between November 2023 and May 2024, focused on the following themes:

• the implementation of presumption of mainstreaming, meaning that, where possible, children and young people with additional support needs should be educated in mainstream schools alongside other pupils, rather than in special schools
• the impact of the COVID-19 pandemic on additional support for learning
• the use of remedies as set out in the Act - these are dispute resolution options that are used when someone wants to dispute whether the provision put in place is adequate to support their child’s additional support needs.

As of 2022, there were 705,874 pupils in public and grant-maintained schools in Scotland. Overall, the number of pupils with an identified additional support need (ASN) was 241,639 pupils which represents 34.2% of all pupils. The percentages for mainstream primary and secondary pupils were 28.3% and 40.1% respectively.

The inquiry aimed to explore how the Education (Additional Support for Learning) (Scotland) Act 2004 had been implemented and how it was working in practice. Inquiries into how laws have worked in practice are known as post legislative scrutiny.

Read the Education (Additional Support for Learning) (Scotland) Act 2004

Legislation

Section 15 of the Standards in Scotland’s Schools etc. Act 2000, introduced a presumption of mainstreaming for children and young people with ASN except under certain circumstances. Section 15 came into force in force in August 2003.

Read the Standards in Scotland's Schools etc. Act 2000

The main provisions of the Education (Additional Support for Learning) (Scotland) Act 2004 introduced the legal framework for the provision of additional support for learning. The framework meant that, in providing school education, local authorities must identify and then make adequate and efficient provision for the additional support needs of children and young people.

Morgan Review

The Morgan Review was published in 2020. It intended to explore how additional support for learning (ASL) works in practice, across early learning and childcare centres, primary, secondary and special schools (including enhanced provision, services and units).

Read the Morgan Review

In response to the recommendations in the Review, the Scottish Government published an action plan a which set out how the recommendations would be taken forward. It also set up the Additional Support for Learning Project Board to “support the monitoring of implementation and oversee delivery of additional support for learning and inclusion policy, including through delivery of the Additional Support for Learning (ASL) Action Plan and its associated workstreams.”

Read the full role and remit of the Additional Support for Learning Project Board