Evidence The Provision of Education in Residential Settings for Disabled Children and Young People and Children with Additional Support Needs: Key Legislation and Policy Developments from 1974 to 2024.

Authors: MacIntyre, G., Stewart, A. & Kendrick, A.

Dr Gillian MacIntyre (Senior Lecturer in the School of Social Work and Social Policy, University of Strathclyde), Dr Ailsa Stewart (Lecturer in the School of Social Work and Social Policy, University of Strathclyde), and Prof. Andrew Kendrick (Professor Emeritus, School of Social Work and Social Policy, University of Strathclyde) wrote a research review for the Scottish Child Abuse Inquiry to set out the relevant Scottish legislation and policy in relation to the provision of education in residential settings for children and young people with disabilities and additional support needs from 1974 to 2024. The review draws on a wide range of policy and legislation (including education, disability, special educational needs/additional support needs, health, social work, children’s rights). The review illustrates how the interconnectedness of relevant legislation and policy across agency, sector and professional boundaries makes this a complex, fragmented landscape with many aspects often in direct conflict with each other and difficult to disentangle. The authors argue that while the ambition to treat all children equally—as in the GIRFEC approach—is commendable, it risks minimising or overlooking the specific needs of children and young people. The evidence reviewed also suggests that there is a gap between policy aspirations and policy interpretation and implementation, and limited resources attached to implementation. Whilst there has been significant progress in the past 80 years in promoting inclusion and embedding rights-based approaches, significant challenges remain in ensuring that these ambitions are consistently realised in practice. Disabled children and young people require tailored approaches to engagement, assessment, intervention, and practice—approaches that reflect the complexity and individuality of their experiences.