Section 18 of the Education (Additional Support for Learning) (Scotland) Act 2004 enables parents, young persons and children (aged between 12 and 15 years) to make the following types of references:
Co-ordinated support plans - section 18(3)(a)-(d)
References may be made by a parent, young person or child. The decisions or failures that may be appealed include:
-
a decision to prepare a CSP
-
a decision not to prepare a CSP
-
a decision to continue a CSP following a review
-
a decision to discontinue a CSP following a review
-
a failure to meet the timescales for preparing the CSP
-
a decision not to comply with a request to establish whether a child or young person has additional support needs requiring a CSP
-
some of the information contained in a CSP
-
a failure to review a CSP
-
a refusal of a request to review a CSP
-
and a failure to provide, or make arrangements for the provision of the additional support contained in a CSP which is necessary for the child or young person to achieve their education objectives
Capacity and Wellbeing - section 18(2A)
References may be made by a parent of child in circumstances where the disagree with a decision of the education authority in respect of the child's capacity or wellbeing.
Placing requests - section 18(3)(da)
References may be made by a parent or young person regarding the refusal of a placing request in respect of a school under the management of a Scottish education authority:
-
where a CSP exists
-
where the need for a CSP is established but the CSP is not yet prepared
-
where no CSP has been prepared but the education authority have informed the parents of young person that they propose to establish whether a CSP is required or would be required
-
and where a CSP has been refused and that decision has been referred to the Tribunal
AND in respect of a school other than a public school as follows:
-
a special school the managers of which are willing to admit the child or young person
-
a school in England, Wales or Northern Ireland the managers of which are willing to admit the child or young person which is a school making provision wholly or mainly for children or young persons having additional support needs
A school used a local authority has made arrangements with to provide education for children in terms of section 1 of the Education (Scotland) Act 1980. Section 19 of the 2004 Act sets out the powers of the ASN Tribunal in relation to references made to it.
The procedures of the First-tier Tribunal for Scotland Health and Education Chamber are governed by the First-tier Tribunal for Scotland Health and Education Chamber Rules of Procedure 2018 ('the 2018 Rules') (schedule to SSI 2017/366). The regulations are supported by Guidance and Information Notes issued by the President.
United Nations Convention of the Rights of the Child (Incorporation) (Scotland) Act 2024 (UNCRC)
The UNCRC was incorporated into Scots law in 2024. UNCRC incompatibility arguments can be added to a reference, a claim or a freestanding reference can be made. More information can be found here.
