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The main features of dispute resolution are that the disagreement will be considered by a person with experience of additional support needs who is appointed by the First Minister of the Scottish Executive and who will be able to make a recommendation for what the Children and Families Department should do.
As with mediation, if the parent or young person chooses not to use dispute resolution, this cannot be held against them at any later time including at the time of any tribunal.
Parents or young people can use dispute resolution for disagreements about:
· the assessment of the nature of the difficulties causing the additional support needs.
· the amount or kind of additional support which the department or an external service plans to provide.
· the amount or kind of additional support which the department or an external service is actually providing.
To request dispute resolution, the parent or young person must contact the Parent and Pupil Support Manager at the Children and Families Department. A member of the Parent and Pupil Support Team will then explain in more detail how dispute resolution works and pass the request to the First Minister of the Scottish Executive. As with mediation, supporters or advocates can support parents and young people as part of dispute resolution.
In dispute resolution, the adjudicator will normally reach a decision based on reports and papers provided by the parent or young person and the Children and Families Department. The adjudicator will decide if there is also a need for a meeting.
It should take no longer than eight weeks from the time that the parent or young person makes their request to the Parent and Pupil Support Manager to the time that the independent adjudicator makes any recommendation.
The Scottish Parliament expects that both sides will accept any recommendation made by the independent adjudicator, although neither side has to do this. The Children and Families Department intends to accept all recommendations - unless there are exceptional circumstances which at this time it is unable to predict.
Dispute resolution does not cover:
· Disagreements relating to the refusal of a placing request for a particular nursery or school. This can be taken to the Appeals Committee of The City of Edinburgh Council, or to an Additional Support Needs Tribunal if a coordinated support plan is involved.
· Disagreements relating to exclusions. This can be taken to the Appeals Committee of The City of Edinburgh Council.
Disagreements about the general conduct of the Children and Families Department which go beyond additional support needs, for example allegations of failing to meet all of a child’s educational needs including those which have nothing to do with their need for additional support; or allegations of incompetence against a member of our staff. Some disagreements of this kind can be taken to the First Minister of the Scottish Executive or to the Scottish Local Government Ombudsman.
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