An ASN tribunal of three people will hear the reference or claim; a legal member, who has a legal qualification, will chair the hearing and the two specialist members, who have knowledge and experience of children or young persons with additional support needs within the meaning of the 2004 Act.
It is possible for a witness to give written evidence or to speak to the tribunal by telephone conference call if they are unable to attend in person.
There are three types of hearings which may be conducted in the HEC:
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An in-person hearing, conducted with all participants in a hearing room.
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A remote hearing, conducted using Cisco Webex video conference (VC) or telephone conference call or a mixture of both.
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A hybrid hearing, conducted part in-person and part remotely.
The decision on hearing type will be taken by the legal member or tribunal, who will determine how best to deal with the reference or claim fairly and justly. The legal member and tribunal shall have regard to President’s Guidance: 01 2022 The Child, Young Person and the Tribunal.
Hearings will ordinarily start at 10 am and end by 4 pm, with a lunch break in between. A remote hearing must have at least one comfort break in the morning and one in the afternoon, in addition to the lunch break, which itself should last no less than 30 minutes. Participants shall be advised of timings by the legal member.
In-person hearings must take place in a Scottish Courts and Tribunals Service (SCTS) venue until the President advises otherwise.
It is difficult to say how long a hearing will last, some will last one day but more complex cases, where there may be additional witnesses, such as placing requests or disability discrimination claims can last longer.
Special Requirements
The ASN Tribunal is committed to ensuring that the hearing venue complies with The Equality Act 2010. Please let us know if anyone attending the hearing has special needs. We will do our best to accommodate these.
If a party or a witness needs an interpreter for the hearing, we will arrange this. Please contact the Operations Team Leader if an interpreter is needed as soon as possible.
