Chloe Minto

Chloe Minto, senior solicitor in GLC’s education law unit, appeared before the Scottish Parliament’s Education, Children and Young People Committee, which is considering how the Education (Additional Support for Learning) (Scotland) Act 2004 has been implemented and how it is working in practice.

The inquiry’s focus is on three themes: implementation of the presumption of mainstreaming; the impact of COVID-19 on additional support for learning; and the use of remedies as set out in the 2004 Act. This was the fourth formal evidence session of the inquiry, in which the Committee focussed on themes one and three.

In GLC’s evidence, Ms Minto discussed the importance of education authorities taking responsibility for exploring whether a child is masking when in school. Without understanding why a child is presenting differently at home than at school, it is very difficult for them to be able to comment whether the school is suitable for their needs.

Ms Minto said: “We have seen children who’ve experienced exclusion through ‘inclusion’ – it’s not a tragedy when a child has to be placed in a special provision; it’s a tragedy when we are not meeting their needs and trying to fit a child into a mould. Integration is not enough, children have the right to achieve their own potential.”

She emphasised GLC’s concern that, despite GLC’s service being funded to provide free legal representation to parents and young people across Scotland, with a right of reference to the Additional Support Needs Tribunal, its casework figures suggested there were groups who, for whatever reason, were not accessing the service.

In particular, GLC has a concern around looked-after children accessing its service where the number of engagements with this group is disproportionately low.

GLC’s evidence also raised the importance of education authorities understanding their legal duties in order to ensure that they are meeting the needs of the children and noting that GLC has training available to them and other groups and organisations.