Education (Additional Support for Learning) (Scotland) Act 2009
Jurisdiction | Scotland |
(1) The Education (Additional Support for Learning) (Scotland) Act 2004 (asp 4) (“the 2004 Act”) is amended in accordance with this section.(2) In section 1(3) (a) (additional support needs) , after “authority” substitute “ responsible for the school education of the child or young person, or in the case where there is no such authority, the education authority ” .(3) In section 7(1) (b) (other children and young persons) , for “the” substitute “ an ” .in subsection (1) , for “belonging to their area” substitute “ for whose school education they are responsible ” ,after subsection (5) insert—“ an ” ,after “request” substitute “ , other than a placing request mentioned in paragraph (da) , ” ,for “the”, where it occurs for the second time, substitute “ a ” ,at the end add “ (including such a decision in respect of a child or young person for whose school education the authority refusing the request are not responsible) ” ,after that paragraph insert—“ (3) (da) or (e) ” .after subsection (4) insert—“ by such time as the Tribunal may require” ,after paragraph (b) insert—
- “(5A) Where any such co-ordinated support plan as is mentioned in subsection (1) is transferred to the education authority by virtue of regulations made in pursuance of section 11(8) , the authority must carry out a review of the plan as soon as practicable after the date of transfer.
- “(3A) Where any such co-ordinated support plan as is mentioned in section 10(1) is transferred to the education authority by virtue of regulations made in pursuance of section 11(8) , the authority's duty under subsection (2) (a) includes a duty to seek and take account of information and advice (within such period as will enable the authority to comply with their duty under section 10(5A) ) from the education authority from which the plan was transferred and any agencies or persons involved in providing support under the plan prior to its transfer.
- (da) a decision of an education authority refusing a placing request made in respect of a child or young person (including such a decision in respect of a child or young person for whose school education the authority refusing the request are not responsible) —
- (i) made under sub-paragraph (1) of paragraph 2 of schedule 2 in relation to a special school, or
- (ii) made under sub-paragraph (2) of paragraph 2 of schedule 2 in relation to a school mentioned in paragraph (a) or (b) of that sub-paragraph,
- (f) a decision of an appeal committee on a reference made to them under paragraph 5 of schedule 2 but only where the things mentioned in any of paragraphs (a) , (b) , (ba) and (c) of subsection (4) occur—
- (i) after the decision of the appeal committee, but
- (ii) before the time by which any appeal must be lodged in accordance with paragraph 7(3) of schedule 2.
- (ba) no such plan has been prepared, but under subsection (2) (a) of section 11 the education authority have informed the persons mentioned in subsection (3) of that section of their proposal to establish whether the child or young person requires, or would require, such a plan,
- “(4A) Where the reference relates to a decision referred to in subsection (3) (da) of that section the Tribunal may—
- (a) confirm the decision if satisfied that—
- (i) one or more grounds of refusal specified in paragraph 3(1) or (3) of schedule 2 exists or exist, and
- (ii) in all the circumstances it is appropriate to do so,
- (ba) where—
- (i) the decision was referred to the Tribunal by virtue of the application of subsection (4) (ba) of that section, and
- (ii) the education authority have decided the child or young person does not require a co-ordinated support plan and that decision has not been referred to the Tribunal under subsection (1) of that section by the time within which such references are to be made, refer the decision to an appeal committee set up under section 28D of the 1980 Act,
- (d) where—
- (i) the decision was transferred from an appeal committee to the Tribunal by virtue of paragraph 6(4) and (5) of schedule 2 because the thing described in subsection (4) (ba) of that section occurred, and
- (ii) the education authority have decided the child or young person does not require a co-ordinated support plan and that decision has not been referred to the Tribunal under subsection (1) of that section by the time within which such references are to be made, refer the decision back to the appeal committee,
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