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significance itself relates to the dimensions of the support provided not to the effect of that support on the child or young person
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the support from the appropriate agency or agencies is required to help the child benefit from school education and achieve his or her educational objectives and the question to be answered in these examples is whether or not that support is significant and, therefore, triggers the preparation of a co-ordinated support plan.
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In the grids below the term agency(ies) is used to mean (a) appropriate agencies as defined in the Act (appropriate agencies can be any other local authority, any NHS Board, Skills Development Scotland, further education colleges and higher education institutions in Scotland, and the Scottish Agricultural College and (b) those parts of an education authority which carry out functions relating to the provision of additional support but which are not functions relating to the provision of school education (eg housing, social work services,...)
Extracts from chapter 5 – paragraphs 18 and 19 18. The Act does not define what “significant additional support” means but the issue has been considered in the Tribunal and courts. In particular, the opinion delivered by Lord Nimmo Smith in the Inner House of the Court of 78 Session in the case of JT is particularly relevant and is binding here . The use of the term “significant” signals that the scale of the support provided, whether it is in terms of approaches to learning and teaching (e.g. adaptation or elaboration of the curriculum) or personnel (eg provision of learning support assistant) or resources (eg specialist aid to communication or a special hoist), or a combination of these, stands out from the continuum of possible additional support. Significant additional support may be provided to a child or young person with additional support needs on an individual basis, in a group setting with others or through personnel working under the direction and guidance of those from the appropriate agency. The issue of significance thus refers to the extent of the provision. Judgments about significance have to be made taking account of the frequency, nature, intensity and duration of the support and the extent to which that support needs to be co-ordinated and is necessary for the achievement of the educational objectives which will be included in the plan. In particular, the support must be of sufficient duration to make it worthwhile preparing a co-ordinated support plan in order to ensure that it is coordinated properly. 19. Where a child has several professionals involved from the one appropriate agency, such as from an NHS Board, then the cumulative effect of these professionals’ involvement may amount to significant additional support from that agency even although the input from each professional individually is not significant. For example, a child may receive speech and language therapy and physiotherapy on a regular basis. Taken separately the additional support from each individual professional may not be significant but taken together their contribution may represent significant additional support from the NHS Board as an appropriate agency. A similar argument could apply to additional support provided by the education authority exercising its functions other than education. For example social work and occupational therapy from the local authority social work services may amount to significant additional support when considered together but not when considered separately. In considering the significance of the additional support then it is important to consider cumulatively what an appropriate agency is providing.
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Lord Nimmo Smith, Inner House, Court of Session , June 2007 http://www.scotcourts.gov.uk/opinions/2007CSIH52.html
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