Education (Additional Support for Learning) (Scotland) Act 2004

[F1 3A Children: assessment of capacity, etc. S

(1) Subsection (3) applies where, under a provision of this Act—

(a) a child who has attained the age of 12 years may do something only if an education authority is satisfied that the child has capacity in relation to the thing,

(b) an education authority may or must do something in relation to such a child only if the authority is satisfied that the child has capacity for the thing to be done in relation to the child,

(c) a child may do something in relation to an education authority only if the authority is satisfied that the child does not lack capacity in relation to the thing, or

(d) an education authority may or must do something in relation to a child only if the authority is satisfied that the child does not lack capacity in relation to the thing.

(2) Before a child does a thing as mentioned in subsection (1)(a) or (c), the child must notify the education authority that he or she proposes to do the thing.

(3) Before the child or (as the case may be) education authority does the thing, the education authority must—

(a) carry out an assessment of the capacity of the child to do the thing, or have the thing done in relation to the child, and

(b) consider whether it would adversely affect the wellbeing of the child to do the thing or have the thing done in relation to the child.

(4) Subsection (5) applies where an education authority, having complied with its duties under subsection (3), is satisfied that—

(a) the child lacks capacity to do the thing or have the thing done in relation to the child, or

(b) it would adversely affect the wellbeing of the child to do the thing or have the thing done in relation to the child.

(5) The child or (as the case may be) education authority may not do the thing in question.

(6) Where an education authority is notified by a child under subsection (2) that the child proposes to do the thing mentioned in that subsection, the education authority must—

(a) notify the child's parents that the authority intends to—

(i) carry out an assessment of the child's capacity to do the thing, and

(ii) consider whether it would adversely affect the wellbeing of the child to do the thing, and

(b) notify the child and the child's parents of—

(i) the result of the assessment, and

(ii) the authority's determination as to whether it would adversely affect the wellbeing of the child to do the thing.]

Textual Amendments

F1 Ss. 3A-3C inserted (10.1.2018) by Education (Scotland) Act 2016 (asp 8), s. 33(2), sch. para. 3; S.S.I. 2017/354, reg. 2(a)