References are cases that are not disability discrimination claims.
Can I make a reference?
You will be able to make a reference yourself if:
- You are aged between 12 and 15 years old, AND
- You have capacity to make the reference, AND
- Making the reference does not harm your wellbeing.
You might be able to make certain types of references to the Tribunal, which include:
- Disagreement about your assessment for a Co-ordinated Support Plan
- Disagreement about you needing a Co-ordinated Support Plan
- Disagreement about what is in your Co-ordinated Support Plan.
- Disagreement about your capacity to take certain decisions about your education
There is a guide which gives you more details about the types of reference you can make.
Capacity and wellbeing
A tribunal will need to decide if you are able to make the reference AND that making the reference will not harm your wellbeing. The tribunal will look at what it is you are concerned about, what you want to happen and your level of maturity and understanding of the issues.
If you need to use a communication aid or if you need help from someone to communicate, this is not a problem and this will not affect the decision the tribunal makes on your capacity.
The Tribunal is very committed to helping children to exercise their rights.
A parent can also make a reference to the Tribunal for you.
How do I make a reference?
You can complete the form yourself. If you have someone representing you they can complete the form for you or help you to complete it. If you have an independent advocate, they can help you to complete the form.
On the form, you will have to explain these three things:
- Explain what your additional support needs are, AND
- Explain if you have communication difficulties, AND
- Explain what your reference is about
You should also think about any people you wish to come to your hearing to speak about the matters you have referred to in your reference (we call them 'witnesses') and write their names and addresses and how they can be contact on the form.
You may have letters from the school or education authority and papers such as Co-ordinated Support Plan that you think support your reference. Send these in with your reference form.
Keep a copy
Remember to keep your own copy of everything you send.
Within 2 months
Be careful about time because you only have 2 months to send your reference form in from the date of the decision or failure that your reference is about.