Inclusion

The Scottish Government promotes the importance of an inclusive approach, which recognises equity, equality, diversity, and holds the ambition that all children and young people are enabled to achieve to their fullest potential in education. Stirling Council is an inclusive authority, which is rights respecting and child centred, supported by nurturing and relationship based approaches.

Most children and young people are supported within their local mainstream school or early learning and childcare setting. This is in line with Scottish Government guidance on the 'Presumption to Provide Education in a Mainstream Setting'.

Other policies and guidance that informs Stirling Council's inclusive approach are detailed below.

Education (Additional Support for Learning) (Scotland) Act 2004 (as amended 2009)

The Education (Additional support for Learning) (Scotland) Act outlines that all children and young people should receive the additional support to meet their individual needs and to help them achieve their potential in education.

Education (Scotland) Act 1980

Education authorities must provide adequate and efficient school education for children of school age within their area.

Standard in Scotland's Schools etc. Act (2000)

Section 15 of the Standards in Scotland’s Schools Etc. Act 2000 states that “an education authority, in carrying out its duty to provide school education to a child of school age, shall provide that education in a school other than a special school unless one of a number of circumstances arise.”

• Where education in a school other than a special school would not be suited to the ability or aptitude of the child.
• Would be incompatible with the provision of efficient education for the children where the child would be educated.
• Would result in unreasonable public expenditure.
• If one of the circumstances mentioned in subsection (3) above arises, the authority may provide education for the child in question in a school other than a special school; but they shall not do so without taking into account the views of the child and of the child’s parents in that regard.

Children (Scotland) Act 1995

In Scottish law, children’s views must be sought and considered in key decisions that affect them.

Getting it Right for Every Child (GIRFEC) approach

The GIRFEC approach aims to improve outcomes for all children and young people and to ensure that all agencies respond appropriately and, when required, to work together to address the needs of children and young people by identifying and addressing potential risks. GIRFEC provides mechanisms for identifying and planning how adults help children and young people grow and develop, supporting their well-being and overall development. 

Equality Act (2010)

Stirling schools and early learning and childcare settings comply with the Equality Act (2010) to eliminate discrimination, harassment and victimisation. This means we promote and encourage the participation of all, including those who face disadvantage, and for those with a protected characteristic.

The Equality Act applies to children and adults and identifies nine protected characteristics. These include:

• age
• disability
• gender reassignment
• marriage and civil partnership
• race
• pregnancy and maternity
• religion or belief
• sex
• sexual orientation

The UNCRC (Incorporation) (Scotland) Act came into force in July 2024. All children and young people have the right to have their voice heard in matters that affect them. There are various ways this can happen, including through our staged intervention process.

Stirling Council has a duty to report on its activities highlighting where it protects, promotes and fulfils the rights of all children and young people under the age of eighteen.

These reports are written for children and young people, the next report will reflect on the period 2023-2026 and is due for publication at the end of 2026.

Stirling Council has an accessibility strategy that sets out the plan for areas of development in meeting the individual needs of children and young people who have a disability or additional support need.

The strategy is based on physical, communication and curricular access for children and young people with a disability or additional support needs.

The strategy also covers the needs of parents and carers who may have a disability. 

LGBTQ stands for lesbian, gay, bisexual, transgender and queer. Along with heterosexual, they describe people’s sexual orientation, gender identity or expression.

Nurseries, primary schools and secondary schools work to ensure all children and young people feel respected, included and safe. Supporting this are organisations such as LGBT Youth Scotland, TIE Campaign, Stonewall Scotland and national guidance supporting transgender children and young people.

Supporting transgender young people in schools

Guidance produced by the Scottish Government aims to help schools provide transgender young people with the best possible educational experiences.

It is recognised that achieve this, there are several considerations which schools must respond to. The guidance provides practical advice, information and signposts to age and stage appropriate resources to support schools. It may also be used by schools to support young people who identify as non-binary.

Guidance and information on the Scottish Government website:

Guidance for Scottish schools
Rights and wellbeing impact assessment
Equality impact assessment

We are committed to the inclusion of gypsy and traveller children and young people in Stirling nurseries and schools. We support parents and carers in providing this, taking full account of the specific needs of the gypsy and traveller culture.

Gypsy and traveller children may face interruptions and a lack of continuity to their education and may need support to overcome barriers to their learning.

Stirling Council has a specialised gypsy and traveller teacher, with knowledge and experience of working with children and young people from these communities.

Support can include:

• providing a link between families and schools
• working with schools to negotiate flexible access to schools
• meeting with parents in school or home visits
• working directly with children or young people
• supporting staff groups