ASL Tribunal

As of 14 November 2005, the Scottish Executive has brought into effect some important changes to the law affecting children and young people’s education in Scotland. These changes will help children and young people who require additional support to benefit from education.

One of these changes is the establishment of a new tribunal service which will hear cases brought by parents and young people concerning provision made for children and young people facing the biggest barriers to learning. These children will have their needs identified in a co-ordinated support plan.

Additional Support Needs Tribunals for Scotland

The tribunals are a completely new body created by the Act.  There are several tribunals, each covering a different part of Scotland. 

The main features of every tribunal are:

·      it is made up of three people - one is the Chairperson who has legal training while the other two people have expertise in additional support needs

·      it will take evidence on everything to do with the disagreement

·      there will be a hearing where the Children and Families Department and the parent or young person get to speak to the tribunal and explain their views.

·      the tribunal will make a decision which both sides must accept.

·      the decision of the tribunal is final, except that the parent or young person can appeal to the Court of Session if they believe that the tribunal has made a mistake in interpreting the law. There cannot be any appeal against the tribunal’s decision on what the facts of the case are.

Parents or young people can use the tribunal for disagreements about the following things which are all to do with coordinated support plans:

·      a decision that a plan is needed.

·      a decision that a plan is not needed.

·      a decision to continue a plan following a review.

·      a decision to stop a plan following a review.

·      a decision to refuse a request to assess a child to find out if they need a plan.

·      a decision to refuse a request to review a plan.

·      the information contained in the plan.

·      the length of time taken to decide whether or not to carry out assessments to find out if a plan is needed.

·      the length of time taken to complete the assessment process and to make a decision on whether or not a plan is needed.

·      the length of time taken to open a plan following a decision that a plan is needed.

·      the length of time taken to review a plan.

Parents or young people can also use the tribunal when the Children and Families Department has refused a placing request for a particular school in cases where:

·      a plan has already been opened.

·      we have decided a plan is needed but it is not yet opened.

·      the parent or young person is disagreeing with a decision not to open a plan or not to assess a child to find out if they need a plan.

Information about supporters and advocates has already been given above. This would include tribunal hearings.

Parents and young people who want to resolve a disagreement at the tribunal can request this by contacting the Parent and Pupil Support Manager at the Children and Families Department or by contacting the tribunal directly. 

The contact details for the tribunal are :