The Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005

Disclosure of the plan

10.—(1) Without prejudice to section 11(5)(e) of the Act, a plan or extracts from it must not be disclosed without the consent of the persons mentioned in paragraph (2) below except–

(a) to persons to whom in the opinion of the education authority it is necessary to disclose the plan or extracts from it in the interests of the child or the young person to whom the plan relates;

(b) for the purposes of any reference, including to any mediation service provided under section 15 or dispute resolution arranged under section 16 of the Act, or appeal under the Act;

(c) to the person who by virtue of section 11(6) of the Act is to discharge the education authority’s duty under subsection (5)(d) of that section;

(d) to Her Majesty’s Chief Inspector of Schools, one of Her Majesty’s Inspectors of Schools or any person appointed by the Scottish Ministers for the purposes of section 66 of the 1980 Act who wishes to inspect or take copies of a plan in pursuance of an inspection of a school under section 66 of the 1980 Act;

(e) to Her Majesty’s Chief Inspector of Schools, one of Her Majesty’s Inspectors of Schools or any person appointed by the Scottish Ministers for the purposes of section 9 of the Standards in Scotland’s Schools etc. (Scotland) Act 2000(1) who wishes to inspect or take copies of a plan in pursuance of an inspection of an education authority under section 9 of that Act;

(f) to the Scottish Ministers when they request such disclosure for the purposes of deciding whether to make an order under section 70 of the 1980 Act;

(g) to the Scottish Ministers when they request such disclosure for the purposes of deciding whether to give a direction under section 27(9) of the Act;

(h) for the purposes of educational research which, in the opinion of the education authority, may advance the education of children and young persons with additional support needs, or for statistical purposes, if, but only if, the person engaged in that research or statistical purposes undertakes not to disclose or publish anything contained in, or derived from, a plan otherwise than in a form which does not identify any individual concerned including, in particular, the child or young person concerned or the parent of the child or young person;

(i) on the order of any court or for the purposes of any civil or criminal proceedings; or

(j) to the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994(2), or any officer of the Scottish Children’s Reporter Administration to whom there is delegated any of the Principal Reporter’s functions under section 131(1) of that Act for the purposes of performing functions under any enactment with respect to a matter concerning a child or young person for whom the plan has been prepared.

(2) The persons referred to in paragraph (1) are–

(a) in the case of a child to whom the plan relates, the child’s parent; and

(b) in the case of a young person to whom the plan relates–

(i) the young person, or

(ii) if the education authority are satisfied that the young person lacks capacity to give consent, the young person’s parent.

(1)

2000 asp 6.

(2)

1994 c. 39.