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Section 3: Reviewing the current legislation
38. Her Majesty's Inspectorate of Education ( HMIE) conducted a 2 year inspection programme into how local authorities are implementing the ASL Act. An interim report of their findings was published on 31 October 2006 and their final report was published on 14 November 2007. Key issues raised from these reports include the need for better information to parents and young people, inter-authority arrangements and better engagement of health and social work services. They also raised some issues over arrangements for preparing CSPs.
39. Adam Ingram, Minister for Children and Early Years, wrote to all local authority Chief Executives on 21 December 2007 asking them to ensure that their authority's procedures are in line with the requirements of the ASL Act and associated code of practice.
40. Additionally, recent Court of Session rulings, namely a decision by Lady Dorrian in the case Deborah Gordon against a decision of an Additional Support Needs Tribunal dated 25 August 2006 (2006 CSOH 45) on the jurisdiction of an ASNTS to hear placing request appeals and an Inner House decision given by Lord Macphail in the case of WD v Glasgow City Council (2007 CSIH 72) on an ASNTS's jurisdiction to in relation to out of authority placing request have highlighted the need to amend the current legislation to reflect the original policy intention that firstly, provision should be made to enable parents of children with CSPs to make out of area placing requests to any authority in Scotland and secondly, that a right of appeal against the refusal of such a request should lie with an ASNTS. Furthermore, a report produced by the Additional Support for Learning Advisory Group, and the annual report from the President of Additional Support Needs Tribunals for Scotland both identify areas for possible amendment which are covered in the paragraphs on the proposed legislative changes below.
41. There is no intention to change the thrust or ethos of the ASL Act.
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