The Additional Support Needs Tribunal for Scotland
The Additional Support Needs Tribunal for Scotland hears appeals which relate to co-ordinated support plans only. There are a number of decisions (or ommissions) which parents or young persons may refer to the Tribunal. An appeal may be brought against:
- a decision that a child or young person requires a CSP;
- following a review of their plan, a decision that a child or young person still requires a CSP;
- a decision that a child or young person does not require a CSP;
- following a review of their plan, a decision that a child or young person no longer requires a CSP;
- having established that a child or young person requires a CSP, a failure to prepare one timeously;
- any information contained in a CSP pertaining to the child or young person's additional support needs, the factor(s) giving rise to those needs, the educational objectives to be pursued, the additional support required to achieve those objectives and the persons providing additional support;
- a failure to carry out (or to complete) a review of a CSP within the designated time limits;
- a refusal to determine (or assess) whether a child or young person requires a CSP;
- a failure to respond to a request to determine whether a child or young person requires a CSP within 4 weeks; and
- a decision to refuse a placing request (where there is - or may be on appeal - a CSP).
The appellant has only 2 months from the date of the decision letter (which must give information on the right of appeal) or from the date of the failure in question to refer the matter to the secretary of the Tribunal. Following the receipt of a valid reference, there will be a 30 day case statement period, during which the appellant must submit all written evidence and a written statement of their case (which may include the child's views). By the end of the case statement period, the authority must have provided a written response to the reference, together with all written evidence to be relied upon.
The Tribunal is an independent body which is comprised of 1 legally qualified convener sitting together with 2 wing members with professional experience of additional support needs. The Tribunal has powers to compel the recovery of documents and the attendance of relevant witnesses. It is a criminal offence to fail, without reasonable excuse, to produce the documents requested or attend as a witness once cited. The Tribunal has powers to allow evidence to be heard by telephone, video link or other means, if necessary. The Tribunal may also appoint an expert witness to give evidence or prepare a report.
No Legal Aid is available for proceedings before the Tribunal, and legal representation is discouraged. However, both parents (or young persons) and education authorities are entitled to be represented and there is nothing to stop either side from bringing a lawyer to the hearing (funds / resources permitting).
The Tribunal is subject to an "overriding objective", which is to deal with references fairly and justly. That includes:
- dealing with appeals in a way which is proportionate to the complexity of the case;
- seeking informality and flexibility in the proceedings;
- trying to make sure that the parties are on an equal footing (this may include assisting a parent or young person to present their case);
- using their special expertise effectively; and
- avoiding delay, where possible.
The Tribunal's decision is final, although a further appeal - on a point of law only - lies to the Court of Session. The time limit for such an appeal is 42 days.
The next section is all about Placing Requests.