Children (aged 15 years and under) cannot appeal placing request decisions.
The Additional Support Needs Tribunal can consider references about placing requests in the following circumstances:
Placing request for a special school
Where the education authority has written to the parent or young person refusing a placing request for a special school anywhere in Scotland, England, Wales or Northern Ireland. Or, the parent or young person made such a placing request and has not had a decision (this is only valid within a specified timeframe*).
Placing request for a mainstream school
Where the education authority has written to the parent or young person refusing a placing request for a mainstream school. Or, the parent or young person made a placing request and has not had a decision (this is only valid within a specified timeframe*). And, on that date (or the deemed refusal date*) one of the following applied:
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A co-ordinated support plan (CSP) was in place for the child or young person
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A CSP has not been prepared but the education authority has confirmed that the child or young person requires a plan or is in the process of preparing one
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The education authority has informed the parent of their proposal to establish whether a CSP is required.
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The education authority had decided that the child needed a CSP and was in the process of preparing on
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The education authority has decided that the child does not require a CSP and the decision has been referred to the ASN Tribunal
Timescale
A placing request reference must be received by the Additional Support Needs Tribunal no later than 2 months from the date on which the failure first occurred.
*If a placing request is made on or before 15 March for the child to start at a specified school on the first day of term in the next school year AND a decision is not received by 30 April, that placing request is ‘deemed’ to have been refused. For a placing request at any other point in the school year, if a decision is not received within 2 months of a placing request, it is ‘deemed’ to have been refused (Education (Placing in Schools Etc - Deemed Decisions)(Scotland) Regulations 1982, regulation 4 as amended)
