Costs were left out of Scottish special needs law

29 May 03
The Scottish Parliament failed to consider the cost implications when it legislated to provide mainstream teaching for pupils with special education needs, Audit Scotland has found. In a report published this week, the spending watchdog says the Parli

30 May 2003

The Scottish Parliament failed to consider the cost implications when it legislated to provide mainstream teaching for pupils with special education needs, Audit Scotland has found.

In a report published this week, the spending watchdog says the Parliament did not have information on what the costs might be when it amended the Standards in Scotland's Schools etc Act 2000.

In what is the first assessment of the likely impact of the legislation, the report estimates the cost of mainstreaming for special educational needs (SEN) at between £38m and £121m. As a result of the amendment, between 2,000 and 5,000 more pupils with SEN are expected to be able to attend mainstream or special schools.

The study, carried out jointly by Audit Scotland and HM Inspectorate of Education, points out that all Bills introduced to the Scottish Parliament have to be accompanied by a financial memorandum setting out the best estimates of costs.

The memorandum to the Schools Act stated that 'in general... there will be few additional costs that arise as a direct result of the Bill. Those that do arise will tend to fall on local authorities'. The memorandum was not subsequently updated to take account of the costs.

Audit Scotland says: 'In the case of SEN mainstreaming, there could be significant financial consequences for councils and the NHS.'

Bob Black, the auditor general for Scotland, said no-one knew the likely cost of mainstreaming. He added: 'It is essential for effective democratic scrutiny that the financial consequences of all legislation are analysed and considered by Parliament.'

The report says that planning for the mainstreaming change is patchy in councils and minimal in NHS bodies. Audit Scotland recommends that councils and NHS bodies work together to plan for the change.


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