Strategy for parental involvement

The Act requires education authorities to have regard to how their policies for promoting parental involvement in school education will promote equal opportunities.

References to 'equal opportunities' and 'equal opportunity requirements' have the same meanings as in Section L2 of Part II of Schedule 5 to the Scotland Act 1998. 'Equal opportunities' means the prevention, elimination or regulation of discrimination between persons on grounds of sex or marital status, on racial grounds, or on grounds of disability, age, sexual orientation, language or social origin, or of other personal attributes, including beliefs or opinions, such as religious beliefs or political opinions.

There is a range of legislation covering equality issues that may have an impact on an education authority’s policies in respect of pupils and parents.

Disability

The main pieces of legislation covering disability are:

• Disability Discrimination Act 1995 (as amended)

• Education (Disability Strategies and Pupils’ Educational Records) (Scotland) Act 2002

• Disability Discrimination Act 2005

'Equal opportunity requirements' means the requirements of the law for the time being relating to equal opportunities.

The focus on 'equal opportunities' builds on the 2000 Act, which requires education authorities to prepare an annual statement of education improvement objectives which includes an account of the ways in which they encourage equal opportunities in the school education they provide.

The above range of legislation includes the requirement on local authorities and schools: not to treat disabled pupils less favourably and to make reasonable adjustments to avoid putting them at a substantial disadvantage; to have a strategy for improving accessibility to schools and the curriculum and improving communication with pupils with disabilities, especially in relation to the provision of school information; and to publish a disability equality scheme.

Race

The main pieces of legislation in respect of race are:

• Race Relations Act 1976

• Race Relations (Amendment) Act 2000

These include the requirement on service providers, including local authorities and schools, not to discriminate on grounds of race, a general duty on public bodies to eliminate discrimination on grounds of race and promote race equality, and under the Act a requirement to publish a race equality policy. Education authorities and grant aided schools must make arrangements to monitor and assess the impact of their policies on pupils, staff and parents from different racial groups, including in relation to pupil attainment.

Other key pieces of legislation include:

• Sex Discrimination Act 1975

This requires local authorities and schools not to discriminate on grounds of sex.

• Equality Act 2006

This places a general duty on public bodies in carrying out their functions to have regard to the need to eliminate discrimination on grounds of sex and promote equality between men and women. The Act also includes a power to allow an Order to be made which will require local authorities and schools not to discriminate on grounds of sexual orientation.

The education authority strategy must make reference to the needs of children who are looked after by the authority.

In addition to (a) and (b) above, the authority strategy should take account of issues relating to:

Where a person takes a major decision in fulfilling a parental responsibility or right under the 1995 Act they must have regard to the views of the child, taking account of the child’s age and maturity and whether the child wishes to express a view.

The definition of parent used in the Act covers all those who have parental rights and responsibilities for a child, including parents who no longer live with the child.

Under the 1995 Act, parents must, where it is in the interests of the child and is practicable, safeguard and promote their child’s health, development and welfare. This also applies to anyone over 16 who has care or control of a child under the age of 16. In addition, parents have a responsibility to provide their children who are under 18 years of age, with appropriate direction and guidance. They should maintain personal relations and direct contact with their son or daughter on a regular basis, if they do not live with their child. Parents also have a responsibility to act as their child’s legal representative.

The authority’s strategy should take account of all factors that inhibit or prevent families from supporting their children’s education and development.

There are a wide range of national and local policies being developed to promote social inclusion and raise educational standards. Increasingly, schools in Scotland are being encouraged to develop an integrated community schools approach. Such an approach requires teachers, social workers, family workers and health personnel to work together to develop common objectives and goals centred on the needs of children at school and on their families. This approach is essential to secure good outcomes, not only for children’s education, but also for their social welfare, their health and the wellbeing of the community where they live. The education authority strategy for parental involvement should take account of the full range of policy interests involved in supporting children and families.

The Act makes provision for Parent Councils to promote contact with providers of early years nursery education.

The Scottish Executive’s policy for integrated early years services offers a framework for the effective provision of universal and targeted services for children and their families and provides a vision of integrated early years services based on partnerships at all levels.

The National Standards for EarlyEducation and Childcare contain a number of standards relating to working with parents. These include provision for parents and carers to be encouraged to take part in the service and to establish an effective partnership with staff.

The authority’s strategy for parental involvement should link with its policies for additional support needs where necessary.

The Education (Additional Support for Learning) (Scotland) Act 2004 gives parents rights to be involved in aspects of their child’s education and services and places duties on local authorities to involve them. The range of factors which may give rise to additional support needs is broad and includes issues which may arise from particular family circumstances.

The Act requires education authorities to update their Statements of Education Improvement objectives as required by the 2000 Act.

Local authorities are required to have integrated planning arrangements in place with NHS Boards, police services, children’s reports, the voluntary sector and community groups to ensure effective planning and delivery of integrated children’s services. This includes education authority statements of education improvement objectives.

Integrated Children’s Services Plans are designed to ensure that local agencies work together to help deliver improved outcomes for all children and young people in line with the Ministerial vision. Plans must include reference to services for vulnerable children and children in need, including arrangements for early intervention and support within universal services and targeted additional support where required.