Independent adjudication is when someone who isn’t involved in the situation helps make a fair decision.
It’s there to make sure that children and young people get the extra help they need at school, and that decisions about their support are fair to everyone.
Below is an example of a situation that a child and family might find themselves in and an explanation of where independent adjudication fits in:
1. There’s a disagreement about support
Sometimes, a pupil might need extra help at school but feels they’re not getting the right support. If this happens, they (or their family) can ask for help to sort things out.
2. Trying to fix it first
The My Rights, My Say team can help by talking with the school and the family to try to find a solution together. Often, problems can be fixed at this stage.
3. Asking for independent help
If the problem can’t be solved, the family can ask for something called independent adjudication. This means getting an independent person – called an adjudicator – to look at the situation and decide what’s fair.
4. Who the adjudicator is
The adjudicator is chosen by the Scottish Government. They don’t work for the school or the local council, and they’re not part of the family either.Their job is to listen carefully to both sides and make a fair decision.
5. How the decision is made
The adjudicator looks at all the information from the school and the family, and then decides what should happen next. They think about what’s best for the child and what the law says about getting extra support.
6. What happens next?
The adjudicator will then write a report explaining their decision.
This report is sent to the school and the family.
The school then has to follow what the adjudicator has decided.
7. Why independent adjudication matters
Independent adjudication is important because it helps make sure:
- Everyone’s views are listened to and respected.
- Children and young people get the support they’re entitled to.
- Decisions are fair and made by someone who isn’t taking sides.