Children (aged 15 years and under) cannot appeal placing request decisions.
The ASN Tribunal has the power to hear references about placing requests in the following circumstances:
(First) Where the Education Authority has written to the parent or young person refusing a placing request for a special school anywhere in Scotland, England, Wales or Northern Ireland.
OR
The parent or young person made such a placing request and has not had a decision (this is only valid within a specified timeframe*)
AND
(Second) Where the Education Authority has written to the parent or young person refusing a placing request for a mainstream school.
OR
The parent or young person made a placing request and has not had a decision (this is only valid within a specified timeframe*)
AND
On that date (or the deemed refusal date*) one of the following applied:
• A co-ordinated support plan (CSP) was in place for the child or young person
• A CSP has not been prepared but the Education Authority has confirmed that the child or young person requires a plan or is in the process of preparing one
• The Education Authority has informed the parent of their proposal to establish whether a CSP is required
• The Education Authority had decided that the child needed a CSP and was in the process of preparing one
• The Education Authority has decided that the child does not require a CSP and the decision has been referred to the ASN Tribunal
The reference must be received by the ASN Tribunal no later than 2 months from the date on which the failure first occurred.
*If a placing request is made on or before 15 March for the child to start at a specified school on the first day of term in the next school year AND a decision is not received by 15 May, that placing request is ‘deemed’ to have been refused. For a placing request at any other point in the school year, if a decision is not received within 2 months of a placing request, it is deemed to have been refused (Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021)
