A Single Strategy for Sensory Needs - The Highland Council

principle is that services are designed to minimise the adverse effect of the child’s disability and to
enhance the child’s opportunity to lead as normal a life as possible. Section 4 states that in carrying out an
assessment to determine the needs of a disabled child, the local authority is required to assess a carer’s
ability to provide and to continue to provide, care for the child.
Special Education Needs Disability Act (2001) makes it unlawful for educators to discriminate against a
disabled child by:
Treating a disabled child or young person less favourably, on the grounds of their disability, than a nondisabled
child without justification in the arrangements made for the provision of education;
Failing to take reasonable steps to change any policies, practices or procedures which place a
disabled child/ person at a substantial disadvantage compared to a non-disabled child/person;
Failing to take reasonable steps to provide education using a reasonable alternative method where a
physical feature places a disabled child/person at a substantial disadvantage compared to a nondisabled
child/ person.
The Education (Additional Support Learning)(Scotland) Act 2004 is likely to become law around Autumn
2005. The Act will remove the Record of Needs system, including the formal Future Needs Assessment.
However, until the changes become law the current system will remain in place.
Further relevant legislation includes:
Social Work (Scotland) Act (1968) – Sections 12, 12A and 14;
Chronically Sick and Disabled Person (Scotland)Act (1972) which extends section 1 and 2 (1) of the
Chronically Sick and Disabled Person (Scotland) Act (1970);
Education (Scotland) Act 1980 including sections 1, 60 (2) 65(B);
Disabled Persons (Services, Consultation and Representation)Act (1986) including sections 4, 8(1) and
13;
10
National Health Service and Community Care Act 1990 sections 47(2) and 55;
Carers (Recognition in Services) Act (1995) section 21.