The Scottish Government’s annual census, published in December 2024, shows a record number of pupils in Scotland identified with additional support needs (ASN). This growing trend is significantly impacting families, particularly when it leads to legal disputes about their children. Senior Associate Clair Cranston discusses some of the challenges parents are facing.
The census results point to an increased awareness and identification of children with additional support needs in schools across Scotland. But while awareness is up, many parents report that it’s harder than ever to get the right support for their children. The number of specialised schools is declining, and fewer children are receiving coordinated support plans. However, statistics can’t always capture the full picture of each child’s individual needs, making the situation more challenging for families.
In this context, it’s not surprising that parents often find themselves in dispute about their child’s education and the support they need. Disagreements can range from education and medical care, to where the child should primarily live.
Parental rights and responsibilities are held by both parents – automatically given to mothers, and to fathers if they are married to the mother or named on the child’s birth certificate. However, disagreements can arise about how these rights should operate. Ideally, both parents should consider the child’s views, where this is possible, bearing in mind their age and maturity. But for children with additional support needs, expressing these views can be difficult. Add in everyday issues – like routines, sleep patterns, and activities – and the challenges of parenting can become even more complicated.
When parents can’t agree on key decisions, such as contact, residence or a specific issue in relation to their child’s education, it may be necessary for a Court action to be raised. However, reaching out for legal advice at an early stage can often help avoid this. Mediation and collaborative practices are effective ways to help parents communicate and focus on what’s best for the child. A family solicitor can guide parents through these processes, ensuring the child’s needs remain at the centre of discussions.
If Court action is required, the Children (Scotland) Act 1995 states that the welfare of the child must be the paramount consideration. But determining what exactly is in the child’s best interests can be a tough question to answer, especially when parents have different views.
At Lindsays, we offer clear, straightforward advice to help parents navigate these difficult decisions. Our family team is here to support you every step of the way. Whether through mediation, collaboration, or going to court, we always ensure the child’s best interests come first.
Published 28 January 2025
