Where a child aged between 12 and 15 years, or their parent, disagrees with a decision of an education authority on their assessment of the child’s capacity or wellbeing - when the child seeks to exercise a right under the Education (Additional Support for Learning) (Scotland) Act 2004 - they can make a reference to the ASN Tribunal.
The President has introduced Guidance to Tribunal Members No 01/2021 to clarify the approach to be taken by a tribunal when considering the two tests of 'capacity' and 'wellbeing'.
