Placing Requests
Parents have a right to make a "placing request" on behalf of their child. Strictly speaking, a placing request is any written request to place a child at a specified school, although education authorities will usually insist that the request be made on a form created for that purpose. Such forms usually prompt parents to include reasons for the choice of school, which can be helpful in deciding how to allocate places in the event of over-subscription.
Once a pupil reaches school leaving age, they are entitled to make a placing request for themself.
A placing request for a pupil with additional support needs may be made for the following types of school:
- a local authority school in the area the parent(s) or young person lives;
- any independent or grant-aided special school in Scotland (provided the managers of the school are willing to accept the pupil);
- any special school in England, Wales or Northern Ireland (provided the managers of the school are willing to accept the pupil).
Where a placing request is made, the education authority must grant the request, unless one or more grounds for refusal apply. The grounds for refusal in relation to pupils with additional support needs include:
- where the school or year group is too full;
- where the education normally provided at the school is not suitable for the pupil's age, aptitude or ability;
- where the school is a special school but the pupil does not require the special education or facilities provided;
- where the school or year group is too full, except for the retention of reserved places;
- where the school is a special school and the authority's duties indicate that they require to educate the child in a mainstream school;
- where the school is not a local authority school in Scotland; and
- the authority are able to meet the pupil's needs in a different school;
- having regard to the respective cost and suitability of both schools it is not reasonable to send the pupil to the parent's choice of school; and
- the authority have offered a place at the different school.
If a placing request is refusal, there is a right of appeal. The appeal is heard by an education appeal committee (if there is no CSP), or by the Additional Support Needs Tribunal where there is a CSP (or where there is also an appeal to determine whether the pupil requires one). The committee or Tribunal may refuse an appeal only if they are satisfied both:
- that there is a ground for refusal; and
- that it is appropriate in all the circumstances to refuse the placing request.
Otherwise, the committee or Tribunal must allow the appeal. If the appeal is refused, there is a further right of appeal from the education appeal committee to the Sheriff. There is a right of appeal from the Tribunal (on a point of law only) to the Court of Session.
The next section is all about Transition stages.