DOL - Children's Services Advocacy Support and Legal Representation

The Scottish Government has awarded a contract to provide a demand led service for both Advocacy Support and Legal Advice service to children, aged 12-15. The Education (Additional Support for Learning) (Scotland) Act 2004 (2004 Act) provides the legal framework for the provision of additional support for learning.

The Education (Scotland) Act 2016 (2016 Act) amends the 2004 Act to provide that children (aged between 12-15 with capacity) can access certain rights conferred on them by the 2004 Act. This service provision consists of the management/ administration and delivery of the following: 1) Advocacy support – to support children to prepare to use their rights, use their rights and understand the outcome of using their rights, and to support children to understand the outcome where their parents have used their rights in relation to the child. 2) Legal representation – to provide advice and representation in support of children using their rights to make a reference to the Additional Support Needs jurisdiction of the Health and Education Chamber of the First-tier Tribunal for Scotland (ASN Tribunal).

These must be able to be delivered in partnership with the Advice and Information service provided by Enquire and the service which seeks children’s views. All organisations involved in delivering the four elements of the service will work collaboratively to support children in accessing their rights, in relation to additional support for learning.