The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005
| Jurisdiction | Scotland |
| Citation | SSI 2005/501 |
2005 No. 501
EDUCATION
The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005
Made 6th October 2005
Laid before the Scottish Parliament 7th October 2005
Coming into force 14th November 2005
The Scottish Ministers, in exercise of the powers conferred by sections 16 and 34 of the Education (Additional Support for Learning) (Scotland) Act 20041and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 and shall come into force on 14th November 2005.
Interpretation
2.—(1) In these Regulations–
“the Act” means the Education (Additional Support for Learning) (Scotland) Act 2004;
“the 1980 Act” means the Education (Scotland) Act 19802;
“advice and information” includes advice or information within the meaning of sections 12 and 13 of the Act;
“application” means a request from any person mentioned in section 16(1)(a), (b) or (c) of the Act for a specified matter to be referred to an independent adjudicator for consideration;
“independent adjudicator” means a person appointed by the education authority under regulation 6 to consider an application under these Regulations;
“request” means a request within the meaning of section 28 of the Act;
“specified matter” means a decision or failure specified in the Schedule to these Regulations;
“supporting material” in relation to an application means any information provided under regulation 3(2) and in relation to the response of the education authority means any information provided under regulation 7;
“working day” means any day which is not–
(a) a Saturday;
(b) a Sunday;
(c) a day from 27th December to 31st December inclusive;
(d) a day in July; or
(e) a day specified as a bank holiday in Scotland in or by virtue of the Banking and Financial Dealings Act 19713.
(2) Any reference in these Regulations to the doing of anything in writing shall be construed in accordance with section 29(5) of the Act, except where a parent or young person reasonably requires a particular form of communication, being a form which, by reason of its having some permanence, is capable of being used for subsequent reference (as, for example, an audio or video recording).
(3) Any reference in these Regulations to the receipt of anything which is posted, is to be presumed to be a reference to such a thing having been received (unless the contrary is proved)–
(a)
(a) on the day after the day on which it was posted; or
(b)
(b) if posted on a Friday, Saturday or Sunday, on the Monday next following.
Application for referral to dispute resolution
3.—(1) Where any person mentioned in section 16(1)(a), (b) or (c) of the Act submits an application in writing to the education authority in relation to any specified matter, the authority must, unless they consider regulation 4(3) applies, make the arrangements specified in regulation 4.
(2) An application must include–
(a)
(a) the name and address of the applicant, and where that person is not the child or young person the subject of the application, the name and address of the child or young person who is the subject of the application;
(b)
(b) the specified matter and a summary of the circumstances giving rise to the application;
(c)
(c) a copy of any advice, information or request relevant to the subject matter of the application and, where applicable, a copy of any decision of the education authority which the applicant wishes to be taken into account by the education authority and the independent adjudicator in considering the application;
(d)
(d) the grounds, by reference to the provisions of the Act relevant to the specified matter, on which the specified matter is to be considered by the independent adjudicator;
(e)
(e) the views of the applicant of the means by which, or the manner in which, the specified matter could be resolved; and
(f)
(f) where known to the applicant, any views expressed by the child or young person on the application.
Preliminary arrangements
4.—(1) Where the education authority consider an application submitted under regulation 3 relates to a specified matter and that all of the supporting material required under regulation 3(2) has been provided then, within the period of 10 working days of the receipt of such an application, the authority must send to the applicant confirmation of acceptance of the application.
(2) At the same time as sending such confirmation the education authority must send a request to the Scottish Ministers for a nomination by them of an individual to act as an independent adjudicator and include with such request a copy of the application and such of the supporting material as the authority consider appropriate to assist the Scottish Ministers in making their nomination.
(3) Where an authority consider an application submitted under regulation 3 does not relate to a specified matter or is not accompanied by all of the supporting material required under regulation 3(2), or is otherwise unreasonable then, within the period of 10 working days of the receipt of such an application, the authority must send to the applicant notice of their decision not to proceed with the application, and include within such notice their reasons for that decision.
(4) Where, following notice under paragraph (3), an applicant provides further information or supporting material relevant to the application and in consequence the authority decide to accept the application, then paragraph (1) applies as if the authority had received the application on the first working day after the day on which the further information or supporting material was received.
Panel of independent adjudicators
5.—(1) For the purpose of assisting with the resolution of disputes between any education authority and any person mentioned in section 16(1)(a), (b) or (c) of the Act, the Scottish Ministers must appoint and maintain a panel of individuals having such knowledge and experience of children or young persons with additional support needs and the functions of education authorities under the Act as the Scottish Ministers think fit (who may include a...
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