Additional Support for Learning Act 2004: tribunal procedures consultation, 11/05/05 [S]

Scottish Executive consultation on the Rules of Procedure that will govern the working of the Additional Support Needs Tribunals for Scotland which will be set up under the Education (Additional Support for Learning) (Scotland) Act 2004.

Consultation period: 11/05/05 to 03/08/05The document outlines that parents and young people can make references to the Additional Support Needs Tribunals regarding decisions, failures or information of an education authority in relation to the child or young person's co-ordinated support plan or regarding the refusal of a placing request.

Information is also provided in the document regarding how parents can make a reference to the tribunal, where they can get help to make a reference, what action will be taken by the education authority, and information on the management powers of the tribunal.

Details are also given in relation to hearings and decisions including information on who can attend hearings, what will happen at the hearing and what happens if the young person or parents wish to appeal the decision. The paper explains that parties can have a representative at the hearing and that the child themselves can attend and give evidence but would not necessarily have to stay for the duration. The paper also specifies that parties can bring one supporter to the hearing and that this supporter will not be able to speak during the hearing.

The Executive asks for comments on the following:

Time limits. The consultation paper sets out a number of time limits by which specific actions have to be done. Do you think any of these time limits are too long or too short?

Working day. Are there any changes to the definition of working day that you would like to see?

Representation. The tribunal rules allow for both parties to have a representative, a supporter and up to two witnesses each. The President can allow more witnesses in exceptional circumstances. The rules need to balance providing the tribunal with enough information to make a decision with keeping hearings short and user-friendly. Do you agree with these proposals?

Expenses. We propose that the tribunal will meet travel expenses for parents, their child, their supporter and any witnesses they bring. Do you agree with these proposals?

Children attending. In some cases, the tribunal will want the child to attend the hearing. In other cases, it may be at the discretion of the parents. Do you think parents should be encouraged to bring the child to the hearing, or should this only occur in the minority of cases?

Omissions. The consultation paper does not cover some technical matters which will need to be in the rules. Is there any other significant matter which you would like to see covered by the tribunal rules of procedure?

Other matters. Please make any other comments which are relevant to the rules of procedure.


Responses should be submitted by 3 August 2005 to:

Scottish Executive Education Department
Additional Support Needs Division
Area 3B (North)
Victoria Quay
EDINBURGH
EH6 6QQ
Email: aslact@scotland.gsi.gov.uk


The full consultation document, Education (Additional Support for Learning) (Scotland) Act 2004: Tribunal Rules of Procedure: Consultation Paper: Additional Support Needs 10, along with the response booklet is available on the Scottish Executive website.

Further Information

1. Additional Support for Learning Act 2004: tribunals consultation paper 10
2. Education (Additional Support for Learning) (Scotland) Bill (as passed)
3. Additional Support for Learning Act 2004: consultation response book

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