ASNTS D_12_2015

ANONYMISED DECISION OF THE TRIBUNAL

Reference

1. This reference, made by application dated 4 August 2014, was originally made under s.18(3)(c) and s.18(3)(d)(i) of the Education (Additional Support for Learning)(Scotland) Act 2004, as amended (‘the 2004 Act’). The Appellant stated that the Respondents failed to provide a Co-ordinated Support Plan (‘CSP’) in respect of her daughter (‘The Child’) within the statutory time limits and additionally sought certain amendments to the draft CSP produced by the Respondents. The Appellant asked the Tribunal to require the Respondent to issue a CSP containing certain provisions, as agreed between the parties, in terms of s.19(3) and s.19(4)(b) of the 2004 Act. 
2. Following upon Answers being lodged the Appellants accepted that the draft CSP issued by the Respondents should be treated as a first finalised CSP.  The Appellant continued to dispute the contents of the CSP.
3. The Respondents convened a meeting on 21 January 2015 to discuss producing a revised CSP.  The Appellant attended at the meeting.
4. A revised draft CSP was produced by the Respondents which was thereafter issued to the Appellant for her approval.  The revised draft CSP (“the revised CSP”) now forms number R23-R27 in the Bundle.
5. The Appellant and the child have taken the opportunity to consider the revised CSP and have indicated their agreement with its contents.
6. The parties have now requested that the Tribunal order the Respondents to amend the CSP by issuing the revised CSP in respect of the child in the terms as agreed by the Appellant.

The Decision

I direct that the Tribunal will decide the reference without a hearing (in terms of Rule 26(1) of the Tribunal Rules), on the basis that the parties have reached an agreement on the terms of the CSP to be produced.

Thereafter I direct that the Respondents amend and issue the CSP in the terms as set out in the revised CSP within two weeks of the date of this written decision all in terms of section 19(4)(b) of the Act.