| SECTION 5: GENERAL PROVISIONS | |
This section covers a range of miscellaneous provisions in the Act not covered in earlier sections of the Code. |
Placing Requests |
1. The system relating to placing requests where the child has additional support needs is contained within Schedule 2 of the Act. Whilst the scheme there is largely like that which operates where the child does not have additional support needs (which is contained in section 28A of the Education (Scotland) Act 1980) there are some notable differences. The more important of these differences are highlighted below. Young persons with additional support needs have the same placing request rights as parents of children with additional support needs. For ease of reference the following refers to parents, but young persons also have these rights in their own name. | Schedule 2 |
2. Parents of a child with additional support needs can make a request: - for their child to attend any school under the management of the education authority, which includes a nursery school.
- for their child to attend an independent special school or a grant-aided special school in Scotland. Parents make the request to the education authority for the area to which their child belongs. Before doing so, they must ensure that the managers of the school they wish to request are willing to offer their child a place there.
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3. Parents are not able to make a placing request for any independent or grant-aided school which is not a special school. |
Elsewhere in United Kingdom |
4. Parents of children who have additional support needs may make a placing request, to the education authority for the area to which the child belongs, for a school in England, Wales or Northern Ireland that makes provision wholly or mainly for children with additional support needs. Again, before doing so, they must establish that the school is willing to accept the child. |
Outwith the United Kingdom |
5. There is no duty upon the education authority to comply with a request for a school outside the UK. However, section 25 does give the power to an education authority to make arrangements to enable a child or young person with additional support needs to attend an establishment or school outwith the UK. This is where the establishment or school is one that makes provision, wholly or mainly, for people having such additional support needs as the child or young person. Education authorities have discretion as to what arrangements they consider appropriate and the power allows an education authority to meet the fees payable, or the travelling, maintenance and other expenses of the child or young person. They can also meet similar expenses for the parents or some other person, where they consider it to the advantage of the child or young person that the parent or other person were present during the time the child or young person attended the establishment. |
Pre-school |
6. Where an authority has entered into arrangements for other persons to provide pre-school education (partnership providers) a parent of a child with additional support needs may also make a placing request for that nursery institution. |
Costs of placement |
7. When a pupil with additional support needs attends a school, which is not an education authority school, as a result of a placing request the education authority must meet the fees and other necessary costs of the placement. |
Timing of placing requests |
8. Parents of children with additional support needs can make a placing request at any stage of a child's education. The authority must notify them of that right where a child is due to start at one of its schools, or where the authority proposes that the child should, for any reason, be moved to a new or different school. An education authority should invite parents to take part in consultations leading to the school placement for children with additional support needs. They should also provide parents with the opportunity to visit the school or schools proposed. |
Rights of young people |
9. Young people have the same rights to make placing requests on their own behalf as parents have for their children. Where the education authority are satisfied that a young person is not capable of making a request then the young person's parents have the right to make a placing request for the young person. |
Refusal of placing requests |
10. An education authority must comply with a placing request unless they can bring themselves within one or a number of the exceptions contained in paragraph 3 of Schedule 2 to the Act. For example - an education authority may refuse a request if the specified school is a special school, and for the authority to place a child there, would cause it to be in breach of its duty to provide mainstream education. | s15 (1) of the 2000 Act |
11. A request may be refused if to comply involves significant expenditure on extending or otherwise altering the accommodation or facilities at the school. In refusing a request under these grounds, an education authority would have to act reasonably in assessing what amounts to significant expenditure. |
Refusal of request involving a school not under the management of an education authority |
12. An education authority do not have to comply with a placing request for an independent, or grant-aided, special school in Scotland (or a school in England, Wales or Northern Ireland making provision for children, or young people, with additional support needs) where, for example: |
- the child does not have the additional support needs requiring the education or special facilities normally provided at the school; or
| Schedule 2. paragraph 3(1)(d) |
- the authority have offered to make alternative provision for the child (which may or may not be in one of their schools) and it is not reasonable to place the child or young person in the specified school, having regard to both the respective suitability and cost of the provision for his or her additional support needs there and in the school which she or he would otherwise attend; or
| Schedule 2. paragraph 3(1)(f) |
- if the education normally provided at the specified school is not suited to the age, ability or aptitude of the child.
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13. In considering the ground in paragraph 3(1)(f) and whether the individual circumstances of the request justify its use, an authority may wish to consider whether the different provision made in the specified school can justify any additional costs of attendance there. | Schedule 2. paragraph 3(1)(f) |
| Power to accept a placing request | |
Schedule 2. Paragraph 3(2) | 14. Schedule 2 gives an education authority the power to accept a placing request notwithstanding the fact that there are the grounds for refusal. |
Reserved places |
Schedule 2. Paragraph 3(3) | 15. An education authority can also refuse a placing request, in certain circumstances, in respect of a child who is resident outwith the catchment area of the specified school. This is where accepting the placing request would prevent the authority retaining places at certain schools for incomers to the area served by the school. |
Decisions on placing requests |
16. An education authority must inform parents in writing of their decision on a placing request. Parents or young people can then proceed to appeal, if necessary. In complying with a successful placing request, an educational authority should update, where appropriate, the nomination of the school in a child's, or young person's, Co-ordinated Support Plan. |
Appeal routes |
17. Parents of a child with additional support needs can refer a decision by an authority to refuse a placing request to the education authority appeal committee. However, the Act makes specific provision for placing request appeals in which there is an issue surrounding the CSP which can be referred to the Additional Support Needs Tribunals, to be themselves referred to an Additional Support Needs Tribunal. |
Appeal committee |
18. An appeal committee can confirm or refuse to confirm an authority's decision to refuse a placing request. Where they refuse to confirm the authority's decision, the appeal committee must either require the authority to place a child in the specified state school requested or require the authority to meet the fees and other necessary costs of a child's attendance at the non-state school. The authority must comply with a decision of the appeal committee. Where an appeal committee upholds an authority's decision, they must notify the parents of their right to make an appeal to a sheriff. |
| Appeals to sheriff from appeal committee | |
19. A parent who has made a reference to an appeal committee may appeal to the sheriff against the decision of the appeal committee on that reference. In such a case, the education authority are the party to the appeal to the sheriff, not the appeal committee. An appeal must be made by way of summary application and lodged within 28 days from the date of receipt of the appeal committee's decision. The sheriff may hear an appeal, in the event of a late application, if the parents can show good cause for the delay in submitting the appeal. |
20. The sheriff can confirm or refuse to confirm the authority's decision to refuse a placing request. Where the sheriff refuses to confirm the authority's decision, the sheriff must require the authority to place a child in the specified state school requested or require the authority to meet the fees and other necessary costs of a child's attendance at the non-state school. The authority must comply with a decision of the sheriff. The sheriff has the power to make an order as to the expenses of an appeal as he sees fit. |
21. The judgement of a sheriff on an appeal is final. |
Publication of information |
22. The Act requires that an education authority publish information about a range of matters specified in subsection (2) relating to additional support needs. |
23. Those specified matters include information on their arrangements for identifying children and young people with additional support needs and those who require a Co-ordinated Support Plan. An education authority must also publish information outlining their arrangements for monitoring and reviewing the adequacy of additional support for children and young people with additional support needs. This can include information on schools' practice for the management of reviews and arrangements for support for learning. It should also outline the role of parents, children and young people in these arrangements. |
24. Education authorities must also publish information on the arrangements they have in place to for independent mediation services to help avoid, or resolve, disagreements between the authority and parents or young people. This should include details of the service and how to access it. |
25. They are required, also, to publish information detailing the officer(s) in the authority from whom parents of children having additional support needs, or young people who have these needs, can obtain further information and advice (ref. Regulations published for consultation - Additional Support Needs - 07). |
Requests under the Act |
s28 | 26. The Act uses the word "request" in a number of different situations and the term has been specifically defined. This provision allows authorities to be clear as to when any duty upon them has been triggered and details how declined requests are to be responded to and the type of information to be included in that response. A "request" is one which is in writing (including email), or another form which can be used for reference in future proceedings. For example, where the request has been recorded in audio or video format. Where, an education authority refuse a request under the Act, they must inform the person who made the request and provide reasons for their decision. They must also provide details of their arrangements for mediation and/or dispute resolution procedures. However, this requirement does not apply where the request is in connection with a child or young person being provided with education at an independent or grant-aided school. |
27. Where the request is a placing request, the education authority must inform the person who made the request of their right to either refer the decision to an appeal committee, or to a tribunal, where appropriate. |