Perhaps anticipating a rush of applications following the recent extension of rights for 12 to 15 year old pupils, the Health and Education Chamber of the First-tier Tribunal for Scotland (Additional Support Needs) has launched its website ‘needs to learn’. And very helpful it is too.
The Additional Support Needs Tribunal is set up to adjudicate on disability discrimination claims relating to school, as well as references made under the Education (Additional Support for Learning) (Scotland) Act 2004.
In Scotland, most children over the age of 12 are deemed to have the capacity to make a disability claim directly, and not rely on their parents to do so on their behalf. For additional support needs references, the process is a bit more complex than that, involving assessment of both capacity and wellbeing. Nonetheless, most pupils aged 12-15 with additional support needs should also be in a position to access the Tribunal directly.
The recent extension of rights for this age group enables pupils to ask their school or local authority if they need extra educational support and, if they do, allows them a say in how that is provided. This places the child front and centre in their education journey.
Equipping children with the information and support required to make a claim or reference to the Tribunal is a critical part of this empowerment. The needs to learn website sets out to do just that.
The website is easy to navigate and is split into to two main sections. One providing general information and the other aiming to guide a child through the steps required to make a claim or a reference.
The information section has helpful contacts, including that of the My Rights, My Say service, that was set up by the Scottish Government at the beginning of the year, along with that of Enquire and the Equality Advisory and Support Service. Importantly this section also explains commonly used legal terms in an attempt to demystify the legal process and explains what happens once a claim or reference has been made. It also outlines all the options available to allow the child’s voice to be heard through the tribunal process.
The remaining part of the site contains practical information to help a child make an application to the tribunal, be that a claim or a reference. This is a great resource for pupils and their parents and carers alike. Even if an appeal is made by the parent on behalf of their child, then the information section will still assist in explaining the process to the child and outline all the ways in which they can participate in it.
There is a very short time limit for making an appeal to the tribunal (two months in many cases). If you think you may have been discriminated against, or are not receiving the right educational support, then please contact one of the organisations contained in the tribunal information section, or a solicitor, as soon as possible.