Statutory Instruments of the Scottish Parliament

"the Act" means the Education (Additional Support for Learning) (Scotland) Act 2004;

"the appellant" means the person who makes a reference to a Tribunal under section 18 of the Act;

(a) the name, address and telephone number of the appellant;

(b) the address to which correspondence should be sent to the appellant if different;

(c) the name and date of birth of the child or young person;

(d) the name and address of the authority;

(e) the date–


(i) on which the authority notified the appellant under sections 11 or 28 of the Act of the right to make a reference to a Tribunal in respect of the decision as referred to in section 18(3)(a), (b), (d)(iv) or (e), or of the information as referred to in section 18(3)(d)(i) which is the subject of the reference; or

(ii) on which the failure as referred to in section 18(3)(c), (d)(ii) or (iii) which is the subject of the reference first occurred;



(f) the details of the decision, failure or information in respect of which the reference is made;

(g) the appellant's reasons for making the reference;

(h) the main facts on which the appellant intends to rely;

(i) if the appellant seeks an order that a co-ordinated support plan be amended, the part or parts of the co-ordinated support plan to which the reference relates; and

(j) the name, address and profession of any representative appointed by the appellant, and, where available, the representative's telephone number, fax number and electronic address.

    (3) Where the child or young person is the subject of a placing request, and whether or not that placing request is the subject of the reference, the reference shall state–

(a) whether there is an outstanding reference to an appeal committee under paragraph 5 of Schedule 2 to the Act; or

(b) whether there is an outstanding appeal to the sheriff under paragraph 7 of that Schedule in which case it shall specify the court in which the appeal is proceeding and, if known to the appellant, any case reference number relative to it.

    (4) The reference shall be accompanied by–

(a) a copy of any decision in respect of which the reference is made; and

(b) where the reference relates to a co-ordinated support plan, a copy of that plan.

(a) gives notice to the parties giving them an opportunity to submit representations in writing within a specified period; or

(b) gives notice requiring the parties to appear before a convener or the Tribunal for a preliminary hearing on that issue.

(a) where the person in default is the appellant, dismiss the reference without a hearing or further hearing; or

(b) where the person in default is the authority, order that the authority take no further part in the proceedings.

(a) information and guidance as to attendance at the hearing of the parties, their witnesses and any persons whom they may wish to be present at the hearing in support, the lodging of documents, and the right of representation or assistance as provided for in rule 32(4);

(b) a statement explaining the possible consequences of non-attendance by a party, unless that party has stated in writing that they wish to withdraw the reference or withdraw the response, and of the consequences of the failure to name a representative or witness whom the party may wish to attend;

(c) an invitation to notify the Secretary if a party or a witness may require the attendance of an interpreter or other person to give other necessary assistance at the hearing or may require any other particular arrangements to be made; and

(d) a statement explaining the right to make representations in writing provided for under rule 27(6) by–


(i) an appellant who does not attend and is not represented at the hearing; or

(ii) an authority if they are not represented at the hearing and if they have submitted a response, unless they have stated in writing that they do not resist the reference or have withdrawn opposition to the reference.

(a) the Secretary shall notify the appellant, the original authority and the new authority;

(b) the original authority shall no longer be a party;

(c) the new authority shall become a party;

(d) these Rules shall apply as if the new authority had made the decision or was responsible for the failure or information to which the reference relates;

(e) the Secretary shall send to the new authority copies of all the documents and written evidence relating to the reference duly received by the Tribunal from the appellant or from the original authority; and

(f) the convener or the Tribunal shall give directions as to further procedure and in particular may set new dates for the new case statement period or for any hearing.