In this website when you see a word in bold you will find the meaning of this word here.
the reasons why you are not able to benefit from school education without additional support. Children who have additional support needs may include those who:
- are looked after or care experienced
- have motor or sensory impairments
- have a mental health problem, for example anorexia nervosa
- are being bullied
- are particularly talented
- have a learning disability, for example Down’s Syndrome
- have a learning difficulty, for example dyslexia
- are living with parents who are abusing substances
- have emotional or social difficulties
- are young carers
this means the legal ability to do something.
The Tribunal will look at what it is you want to happen and take into account your level of maturity and understanding before making a decision about your capacity.
If you have any communication difficulties that can be helped by an aid, then that difficulty will not mean you lack capacity.
a member of Tribunal staff who provides administrative support. The case officer is not a Tribunal member. The case officer is the contact person for you and for the education authority or responsible body.
an appeal to the Tribunal that an education authority or trustees have discriminated against a person because of a disability.
a legal plan the education authority must put in place for your education if you have complex additional support needs that are likely to last for more than 1 year and that need a great deal of support from outside the education department, for example from the NHS or the social work department.
A CSP will contain a lot of information about you including what your additional support needs are, your educational objectives, the support you need to achieve those objectives and who should provide the support.
the local authority (Council) who is responsible for your education. This will usually be the Council for where you live.
law made by the Scottish Parliament, which created the Tribunal and the appeal which is called a ‘reference’. Education authorities have legal duties under this law for children with additional support needs.
a legal meeting where a tribunal listens to evidence from witnesses and hears legal arguments from representatives before it comes to a legal decision. A tribunal hearing does NOT take place in a court.
a person who supports a child to give their views.
They are called ‘independent’ because they are not part of the Tribunal or the education authority and have no personal interest in the dispute. They are called advocates’ because they can speak on your behalf.
an experienced lawyer, who will chair the hearing.
this is usually your mum or dad. The law says that this can also include any guardian and any person who has parental responsibilities for you, for example a grandparent.
something that makes it difficult for you to carry out your ordinary day to day activities without extra help or adjustments. This could include conditions like cerebral palsy or autism.
an appeal to the TRIBUNAL about a decision or failure to do with a CSP, or an appeal against your education authority’s decision about your capacity or wellbeing.
the organisation that is responsible for any discrimination against you.
If you attend a local authority (Council) school then it will be the education authority (Council) responsible for the school. If you attend a private or independent school then it will be the owners of the school.
where you see it written like this, it means the Additional Support Needs part of the Health and Education Chamber of the First-tier Tribunal for Scotland.
It looks like this:
The Tribunal has nothing to do with your school, social work, education authority or the NHS.
where you see it written like this, it means an individual tribunal panel, which is made up of 3 people who will consider a claim or reference and make a decision. One will be a legal member who is an experienced lawyer and the other two are specialist members, with expertise in education, social work or health.
the people who are responsible for managing a private or independent school. This means a school not run by a Council.
the law says this means assessing how safe, healthy, achieving, nurtured, active, respected, responsible and included you are.