The United Nations Convention on the Rights of the Child (UNCRC) was incorporated into Scots law in 2024. This means that parents, young people and children can make an application to the Additional Support Needs Tribunal if they think an education authority or an independent or grant-aided school (where the school place is funded by an education authority) is acting or failing to act in a way which is compatible with the UNCRC. The President has issued Guidance on this - PGN 01 2025 UNCRC.
Parents and young people (aged 16 years and over and still in school) can make any of the following types of reference (appeal) to the Additional Support Needs Tribunal:
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placing request refusal
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coordinated support plan
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school transitions
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assessment of the child’s capacity or wellbeing
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incompatibility with the UNCRC
Children do not have the right to make a placing request reference.
Children aged between 12 and 15 years who have capacity to make a reference and where their wellbeing will not be adversely affected can make the following types of references:
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coordinated support plans
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school transitions
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incompatibility with UNCRC
