Supporters and Advocacy
The new law includes a (limited) right for parents or young people (i.e. 16 and 17 year olds) to make use of supporters or advocates. The Scottish Executive have discouraged the use of solicitors or other legal representatives by parents or local authorities in relation to the Act. Instead, parents are encouraged to make use of supporters or advocates.
Supporters
A supporter is someone who attends a meeting with a parent for the purpose of lending moral or emotional support. A supporter plays a more passive role in meetings than an advocate. If a parent or young person asks that a supporter accompany them to any meeting or discussion concerning the child or young person's additional support needs, the education authority must allow this, unless the request is unreasonable.
Advocates
An advocate is someone who may attend a meeting with a parent to speak on their behalf. They might also "advocate" for a parent in other ways (e.g. by making written submissions to the authority). The role of an advocate is more pro-active than that of a supporter. If a parent or young person wishes to make use of an advocate in relation to the child or young person's additional support needs, the education authority must allow this, unless the request is unreasonable.
When is a request unreasonable?
Given the general rule of law that people are entitled to conduct their business through a third party (an agent) in the same way they can do in person, it is likely that very few, if any, requests to have a supporter or advocate would be unreasonable. The Code of Practice says that it might be unreasonable for a parent to be allowed a supporter or advocate who was verbally abusive or was promoting their own views, rather than those of the parent or young person.
The next section is all about Mediation.