Additional Support Needs jurisdiction
The Additional Support Needs jurisdiction (the ASN Tribunal) hears references (appeals) from parents and young people against decisions of education authorities regarding the provision of educational support under the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act). Children aged between 12 and 15 years who have capacity to make a reference (and where their wellbeing will not be adversely affected) can also make two types of references:
• A reference in relation to a co-ordinated support plan (CSP)
• A reference appealing against the education authority’s assessment of the child’s capacity or wellbeing
The Equality Act 2010 (the 2010 Act) provides the right to make a claim (appeal) to the ASN Tribunal in respect of disability discrimination relating to pupils in school education. Claims may be made by the parent, the young person or the child (where the child has the capacity to make the claim).
A tribunal will ordinarily be made up of one legal member, who has a minimum of 5 years experience and two ordinary members who have specialist knowledge of children with additional support needs. Occasionally, a legal member will sit alone in specified types of cases.