References to the Additional Support Needs Tribunal
The Additional Support Needs Tribunal (ASN Tribunal) hears appeals (known as references) from parents, young people and children against decisions regarding educational support needs. If you or your child are considering making a reference to the ASN Tribunal about a decision you disagree with, our Education Law Solicitors can help. Our team can support you when preparing your case and represent you at the Tribunal hearing.
We know how important it is that your child benefits from the educational support they need and are entitled to. When there are barriers to this, we aim to help you gain access to these opportunities as quickly as possible and with minimal impact on your child. To find out how we can help, contact our Education Law Solicitors.
Who can make a reference to the ASN Tribunal?
Parents of children with additional support needs have a right to appeal decisions made by an education authority. Alternatively, a young person (aged 16 or over) with capacity can make their own reference to the Tribunal. Children aged between 12 and 15 who have capacity can also appeal certain decisions, as long as their wellbeing would not be adversely affected by doing so.
What decisions can be referred to the ASN Tribunal?
You can appeal decisions made by an education authority relating to:
- capacity and wellbeing assessments (concerning a child’s rights under the Education (Additional Support for Learning) (Scotland) Act 2004;
- co-ordinated support plans;
- placing requests for mainstream and special schools (please note, children under 15 cannot appeal placing request decisions); and
- transitions from school to post-school.
The ASN Tribunal also hears claims of disability discrimination where it is alleged a pupil has been discriminated against by a school because of their disability.
What is the reference process?
You must complete the reference form provided on the Health and Education Chamber website. The information you give should be carefully considered and worded, include the views of the child and be supported by evidence (such as witness statements and school reports). Our Education Law specialists will help you prepare an honest and factual appeal form with substantial supporting documentation.
If the Tribunal is satisfied it can deal with your case, a hearing will follow. Here, the Tribunal will consider the evidence presented by both you and the education authority. Within ten days of the hearing, the Tribunal will notify you of its decision to either support or oppose the education authority’s decision.
If you are unhappy with the outcome, you may be able to request the Tribunal review its decision, or you might have a further right to appeal. The grounds on which this is possible are complex. Our lawyers will advise you in clear, straightforward terms and continue to ensure the best representation of your case.
Contact our Education Lawyers in Glasgow & Edinburgh, Scotland
We understand it is vital that your children have access to the right educational support. Our solicitors are here to help. To discuss your situation with our Education Law Team today, arrange a free* consultation on 0808 169 5822 or complete our online enquiry form.
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