Unlike in England, Wales and Northern Ireland, the Coronavirus Act did not allow for any changes to the legal duties under SEND laws in Scotland. In Scotland the duties under the Education (Additional Support for Learning) (Scotland) Act 2004 and the Education (Additional Support for Learning) (Scotland) Act 2009 remain unchanged.

However, as with the rest of the UK, the Coronavirus Act grants powers to the Scottish Government to close schools and nurseries. The Scottish Government have asked Local Authorities to do so, except for “critical provision” in certain circumstances. For example, for children of key workers whose parents must go to work or for children who are in vulnerable situations and school is critical to keep them safe and well. Local Authorities are responsible for identifying which children may need critical childcare provision. You can read the Scottish Government’s Guidance on key workers and vulnerable children here