Additional Support Needs jurisdiction

The Additional Support Needs Tribunal hears references (appeals) from parents and young people against decisions of education authorities regarding the provision of educational support under the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act).  Children aged between 12 and 15 years who have capacity to make a reference (and where their wellbeing will not be adversely affected) can also make two types of references:

• A reference in relation to a co-ordinated support plan (CSP)
• A reference appealing against the education authority’s assessment of the child’s capacity or wellbeing

The Equality Act 2010 (the 2010 Act) provides the right to make a claim (appeal) to the ASN Tribunal in respect of disability discrimination relating to pupils in school education.  Claims may be made by the parent, the young person or the child (where the child has the capacity to make the claim).

Tribunal Members

A tribunal will usually have one legal member, who has a minimum of 5 years legal experience and two specialist members who have knowledge and experience in health, education or social work.  Sometimes, a legal member will sit on their own in certain types of cases.