Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021

You may remember back in April last year, when the Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2020 came into force, the Scottish Government indicated that the changes were intended to be temporary and should be reversed by March 2021.

Well, it is now March 2021, and (as of 27 February 2021) the changes have been at least partially reversed, with the coming into force of the Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021. Let’s recap:

  • The date on which a placing request (if not decided upon) is deemed to have been refused (if made on or before 15 March, for a place at the start of the next school year) was extended from 30 April to 31 May. It has now been revised to a mid-way point of 15 May. This is effectively the deadline for decisions in such placing requests for this year.
  • For other placing requests (e.g. those made after 15 March, or for a placement starting immediately) the date on which it is deemed to have been refused was extended to 3 months following the receipt of the placing request by the education authority. This has been restored to the original 2 months period.
  • Where an education appeal committee has failed to hold a hearing of a placing request appeal within a certain period following receipt by the committee of the appeal reference, the committee will be deemed to have confirmed the decision of the education authority (i.e. to have refused the appeal). This period was increased from 2 months to 4 months, and has now been revised to 3 months.
  • Where an education appeal committee has failed to fix a new date following an adjourned hearing of a placing request appeal within a certain period following the adjournment, the committee will be deemed to have confirmed the decision of the education authority (i.e. to have refused the appeal). This period was increased from 14 days to 28 days, and has now been returned to 14 days.
  • An appeal committee must now acknowledge receipt of an appeal reference within 5 working days once more (this had been increased to 28 days).
  • A hearing of the appeal must be held by the appeal committee as soon as reasonable practicable within the period of 2 months following receipt of the reference (this had been increased from 28 days to 3 months). If this is not possible “owing to circumstances beyond their control”, the hearing should be held “as soon as reasonably practicable” (changed from “as soon as possible”). The same applies to combined hearings.
  • The education appeal committee must now give notification of the date and other details of a hearing not later than 14 days after receipt of the reference (changed from 14 days to “as soon as reasonably practicable” previously).
  • The format of hearings may change, as the regulations allow for a hearing to be conducted in whole or in part by video link, telephone or “other means of instantaneous multi-party electronic communication”. This provision remains in place – which is a very good thing.
  • The appeal committee may also (if all parties agree) decide an appeal reference without a hearing, based on consideration of written submissions and evidence alone. This provision remains in place – which is a very good thing.
  • Education appeal committees now, as before, have 14 days to notify parties of their decision, and the reasons for it (it was changed to 28 days).

The regulations don’t include any transitional provisions, it’s not easy to be 100% certain, but to the best of my understanding, the new time limits etc. take effect as of now, even in the case of placing requests or appeal processes which are already under way. The regs don’t explain what happens to cases that are, for example, 2.5 months after a request when the deeming provisions change!  My best guess is that it’s deemed on the date of the change (i.e. 27 Feb 2021) in those circumstances.

For the sake of completeness, reg 5 also amends the Nutritional Requirements for Food and Drink in Schools (Scotland) Regulations 2020 to clarify that certain requirements re: oily fish, deep fried food, chips and pastry products apply separately to evening meals for secondary pupils in education authority hostels.

Image by Rudy and Peter Skitterians from Pixabay

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