In some situations, disagreements about a child’s additional support in school cannot be resolved through regular meetings, mediation, or adjudication.
When this happens, it may be possible to take the matter to the Additional Support Needs Tribunal.
What is the Additional Support Needs Tribunal?
The Additional Support Needs Tribunal (the Tribunal) is a special panel made up of experts and lawyers. It is an independent and expert body that considers certain kinds of appeals and disagreements about additional support for learning. The Tribunal can only be used if a local authority is responsible for a child’s education.
Children aged 12–15 who have additional support needs, have the right to be involved in decisions about their support. This means that if they disagree with certain decisions about their support, they can ask the Tribunal to look at the issue.
What type of disagreements does the Additional Support Needs Tribunal look at?
The Additional Support Needs Tribunal does not look at all disagreements about additional support for learning.
They will only consider those dealing with:
- Whether children are able to use their rights and whether using their rights would cause them harm
- Whether a child needs a co-ordinated support plan (CSP)
- Whether a co-ordinated support plan (CSP) is being properly delivered
- The plans being made for pupils for when they leave school.
The Tribunal will also consider disagreements where children feel they have been treated unfairly because they have a disability.
How can My Rights, My Say help?
If a child wants the Tribunal to look at a disagreement, they need to ‘make a reference‘. This means completing a reference form, which My Rights, My Say can support children aged 12-15 with.
The Tribunal will want to hear the child’s views. My Rights, My Say workers can help children share these views in a way that feels right for them. Children can give evidence in person, by video, or in writing. If the Tribunal needs more information, they may ask a worker from My Rights, My Say to help the child provide it.
In some circumstances, My Rights, My Say may also provide a lawyer to represent the child. The lawyer will meet with the child, listen to their reasons for making the reference, and make sure all the paperwork is completed and sent in on time. The lawyer acts on the child’s behalf throughout the whole Tribunal process, including any calls, meetings, and the hearing itself, and will deal with all legal documents.
Where can I find out more about the Additional Support Needs Tribunal?
The Additional Support Needs Tribunal have their own website. This has information for both adults and children and young people.
Enquire is Scotland’s advice service for additional support for learning and a partner in My Rights, My Say.
They also have information explaining what the Tribunal is, when you can take an appeal or disagreement to the Tribunal, and how the process works.