Capacity and Wellbeing

Where a child aged between 12 and 15 years, or their parent, disagrees with a decision of an education authority on their assessment of the child’s capacity or wellbeing - when the child seeks to exercise a right under the Education (Additional Support for Learning) (Scotland) Act 2004 - they can make a reference to the  ASN Tribunal. 

The President has introduced Guidance to Tribunal Members No 01/2021 to clarify the approach to be taken by a tribunal when considering the two tests of 'capacity' and 'wellbeing'.

Needs to Learn

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If you're 12 to 15, have additional support needs and want to make a change to your school education, then yes you are.