The Scottish Government

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Responding to this consultation paper

We are inviting written responses to this consultation exercise by Wednesday 3 August 2005.

We would be grateful if you would indicate clearly in your response which questions or parts of the consultation paper you are responding to (using the consultation questionnaire if appropriate) as this will aid our analysis of the responses received. Please complete the respondee information form contained within the booklet.

Please send your response to:aslact@scotland.gsi.gov.uk

or
Elaine Lane

If you have any queries or any comments on the consultation process, or would like a copy of this booklet in electronic format please contact Elaine Lane at the address/email above or telephone 0131 244 1589

Consultation seminars

It is intended that two consultation seminars will be held, one on 10 ^th June at Europa Building in Glasgow and the other on 13 ^th June at Victoria Quay in Edinburgh. These events will cover the same matters and will follow the same format. Spaces at these two seminars are limited, if you would like to attend one of the seminars please email aslact@scotland.gsi.gov.uk or call 0131 244 1589 to register your interest. You will be contacted in due course to confirm whether or not you have a place and to confirm the details of the venue and timings.

Information on the implementation of the Act can be found at http://www.scotland.gov.uk/Topics/Education/School-Education/19094/18690

What is the purpose of this consultation?

These consultation papers provides an opportunity to comment and to suggest improvements or alternatives to provisions within them, this will inform the development of the corresponding regulations.

What does this consultation pack contain?

This consultation, and all other Scottish Executive ( SE) consultation exercises, can be viewed online at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is. The Scottish Executive now also has an email alert system for SE consultations. You can register to receive a weekly email containing details of all new SE consultations at http://www.scotland.gov.uk/consultations/seconsult.aspx.

Access to consultation responses

We will make all responses available to the public in the SE Library by 1 Oct 2005 unless confidentiality is requested. All responses not marked confidential will be checked for any potentially defamatory material before being logged in the library.

What has already been consulted upon?

Please note the consultations below are now closed

RESPONDEE INFORMATION FORM

All respondents should be aware that the Scottish Executive are subject to the provisions of the Freedom of Information (Scotland) Act 2002 and would therefore have to consider any request to it under the Act for information relating to responses made to this consultation exercise.

Transitional arrangements consultation paper Additional Support Needs-08

Overview

The 2004 Act will replace the legislation that at is currently in place for children and young people with special educational needs and Records of Needs. This will mean that Records of Needs will no longer be statutory documents and education authorities will have no duties with regard to them.

However, the 2004 Act addresses the transition from the current system to the new one for children and young people who had a Record of Needs immediately prior to the commencement of the Act.

The consultation paper describes the effect the provision in section 30 will have and outlines some of our proposals for further provision that could be made by way of regulations for this transitional period. The consultation paper includes for information a draft Circular to Directors Of Education etc, outlining the protection the 2004 Act provides to children and young people with a Record of Needs.

Placing Requests consultation paper Additional Support Needs-09

Overview

Placing Requests paper: paper 09

Schedule 2 paragraphs 3(5), 4(3) and 6(6) of the 2004 Act give Scottish Ministers a discretionary power to make further provision, by way of regulations, on matters relating to "reserved places", "deemed decisions" and procedures relating to references to an appeal committee by way of regulations. The consultation paper sets out our intentions in relation to these provisions. We would welcome your views and suggestions relating to any aspect of this paper.

Tribunal Rules of Procedure consultation paper Additional Support Needs-10

Overview

This consultation paper sets out proposals for how the Additional Support Needs Tribunals for Scotland will deal with the cases referred to them. The paper aims to give an insight into how the Tribunals will work, although not all of the matters covered will be dealt with directly in the rules of procedure.

Questions/discussion points on all papers

The following pages invite comments on some questions about the content of consultation papers. These are designed to help you focus on some of the more significant issues, but are not meant to be an exhaustive list. We would welcome comment on these and any other issues you would like to raise.

Transitional Arrangements: paper 08

The consultation paper describes the effect the provision in section 30 will have and outlines some of our proposals for further provision that could be made by way of regulations for this transitional period. The consultation paper includes for information a draft Circular to Directors Of Education etc, outlining the protection the 2004 provides to children and young people with a Record of Needs.

Placing Requests paper: paper 09

Schedule 2 paragraphs 3(5), 4(3) and 6(6) of the 2004 Act give Scottish Ministers a discretionary power to make further provision, by way of regulations, on matters relating to "reserved places", "deemed decisions" and procedures relating to references to an appeal committee by way of regulations. The consultation paper sets out our intentions in relation to these provisions. We would welcome your views and suggestions relating to any aspect of this paper.

Tribunal Rules of Procedure: paper 10

The 2004 Act sets out the matters which a parent or young person can refer to the tribunal. The consultation paper sets out how the rules of procedure might govern the way in which a tribunal would handle such a reference covering such matters as: the way in which references are made; time limits for various actions; who may or may not be present at a hearing; the manner in which hearings are to be conducted; and other matters.