Navigating Support for Children with ASN When a Plan Resembles a CSP

Some ASN (SEND) children are “slow” learners due to high sensory awareness, physical and other challenges. Some are extremely capable, educationally, but with same or different barriers: like Dr Sean Murphy in “The Good Doctor”. Both are entitled to a statutory support plan providing extra help. However, admittedly limited, research discovered that statutory support plans and entitlements that come with them are not necessarily headed “Statutory Support Plan”. This article reveals why it is critically important to get a support plan headed correctly. Engage statutory entitlements like home education, school assistance and extra help. The message? If it looks like a CSP, it almost certainly is!

The topic of a child’s rights and expectations when their support plan resembles a Co-ordinated Support Plan (CSP) without holding the official title is intricate and multifaceted.1 This complexity is heightened when the child benefits from the full allocation of a Pupil Support Assistant (PSA) for 25 hours per week.[2] Existing legal resources predominantly address formal CSPs, leaving room for ambiguity and questions in cases involving these informal yet CSP-like arrangements.

Understanding the Legal Framework and Differences

The primary legal framework governing Additional Support Needs (ASN) in Scotland is the Education (Additional Support for Learning) (Scotland) Act 2004, referred to hereafter as “the Act.” The Act outlines the criteria for when a child must have a formal CSP, what the plan should include, and how it should be reviewed.[3] For a child to qualify for a CSP, they must meet several key conditions:

1. The education authority must be responsible for the child’s education.[4]
2. The child must have additional support needs resulting from complex or multiple factors.[5]
3. These needs are likely to persist for more than a year.
4. The child requires significant additional support, either from the education authority directly or from at least one external agency.[6]

If these criteria are met, the education authority is obligated to prepare a formal CSP. However, this statutory requirement does not extend to informal support plans, even if they mirror CSPs in content and structure. This lack of formal recognition can lead to several implications.

Implications of an Informal Plan

Legal Enforceability
A significant difference between a formal CSP and an informal plan is legal enforceability. A formal CSP carries statutory obligations that compel the education authority to provide specific support and coordinate services between various agencies.[7] In contrast, an informal plan does not have the same legal standing, which could lead to inconsistencies in delivering the agreed-upon support.[8] When legal backing is absent, it may be challenging for parents to hold the school or education authority accountable if the support arrangements are not followed through.

Co-ordination of Support Services
One of the critical purposes of a formal CSP is to establish coordination between different support services, including education, health, and social work.[9] An informal plan may lack a clear framework for coordinating these services, leading to fragmented or incomplete support. Without a CSP, there might be a lack of structured communication between agencies, which can affect the consistency and quality of the child’s support.[10]

Clarity of Roles and Responsibilities
A formal CSP clearly defines the roles and responsibilities of each party involved in supporting the child.[11] With an informal plan, the absence of a statutory structure can lead to ambiguity regarding who is accountable for various aspects of the child’s education and wellbeing.[12] This lack of clarity can contribute to confusion and gaps in service delivery, impacting the child’s learning experience.

Review and Monitoring
The Act mandates that CSPs must be reviewed at least annually, with the flexibility to review more frequently if needed.[13] This formal review process ensures that the child’s needs are continuously assessed and that support measures are adjusted as necessary.[14] However, informal plans often do not have such structured review processes, risking that the child’s evolving needs might go unaddressed over time.

Practical Expectations with Full PSA Allocation

Despite the absence of a formal CSP, children with informal plans who receive a substantial PSA allocation of 25 hours per week can expect certain standards of support.[15] This allocation reflects recognition of the child’s additional needs and should translate into individualized support, access to the curriculum, and open communication among stakeholders.

Individualized Support
The PSA allocation acknowledges the child’s significant need for additional assistance. This support should be customized to align with the child’s specific requirements.[16] Whether through academic interventions or social and emotional support, the individualized approach remains essential, even without a formal CSP.

Access to the Curriculum
A critical goal of the support measures, including PSA assistance, is to help the child access and engage with the curriculum.[17] This includes making necessary accommodations, modifying instructional methods, and addressing barriers that could impede the child’s learning progression.[18]

Consistent Communication and Collaboration
Open communication between the school, parents, and other professionals is vital to ensuring that the child’s needs are understood and addressed.[19] Regular meetings and collaborative approaches help keep all parties aligned in their efforts to support the child effectively.

Advocacy and Parental Engagement
Without a formal CSP, the responsibility often falls more heavily on parents and caregivers to advocate for their child’s needs. This advocacy includes requesting assessments, documenting support efforts, and staying proactive in their interactions with the school.[20] Active parental engagement can play a crucial role in maintaining consistency in the child’s support plan.

Requesting a Formal CSP Assessment

While an informal plan may provide adequate support in many cases, parents still have the right to request a formal CSP assessment from the education authority.[21] If parents believe that their child’s needs align with the statutory criteria, they can formally approach the authority to determine if a CSP is necessary.[22] The education authority is legally obligated to respond to such requests within a specific timeframe, providing clarity on the next steps.[23]

Documenting and Monitoring Support

To ensure the effectiveness of an informal plan, it is crucial for parents to meticulously document the support their child receives. Keeping detailed records of meetings, interventions, and outcomes helps in monitoring the plan’s implementation.[24] If concerns arise, having a documented history strengthens the case for requesting modifications or additional support.

Seeking External Advice and Support

Several organizations offer guidance to parents navigating the complexities of ASN support in Scotland. One notable resource is Enquire, an advice service funded by the Scottish Government, which provides information and support to families dealing with ASN challenges.[25] These organizations can help parents understand their rights, explore options for formal assessments, and communicate effectively with educational authorities.

Understanding the Child’s Unique Situation

It is essential to recognize that each child’s circumstances are unique, and the support required can vary widely.[26] Although the Act does not explicitly address informal plans, a thorough understanding of the legal framework governing CSPs can empower parents and caregivers to advocate effectively for their child’s needs.[27] Collaborating closely with the school and staying informed about statutory rights can significantly enhance the child’s educational experience, even without a formal CSP in place.

Conclusion

While informal support plans may offer substantial assistance, they differ significantly from formal CSPs in terms of legal backing, role clarity, support coordination, and review processes.[28] A full PSA allocation acknowledges the child’s needs, but it does not confer the same statutory rights as a formal CSP.[29] Parents and caregivers should stay vigilant, document the support provided, and proactively engage with the education authority when necessary.[30] By understanding the differences between formal and informal plans and leveraging their rights under the Act, parents can help ensure that their child receives the best possible support for their educational journey.[31]

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