The United Nations Convention on the Rights of the Child (UNCRC) was incorporated into Scots law in 2024. This means that parents, young people and children can make an application to the Additional Support Needs Tribunal if they think an education authority or an independent or grant-aided school (where the school place is funded by an education authority) is acting or failing to act in a way which is compatible with the UNCRC. The President has issued Guidance on this - PGN 01 2025 UNCRC
Parents, children (of any age) and young people (aged 16 years and above and still in school) can make a claim (appeal) to the Additional Support Needs Tribunal against responsible bodies. The claim must relate to disability discrimination in school education. Examples of types of claim include exclusion, expulsion, the use of restraint or seclusion, classroom provision and assessment process.
The responsible body will be the education authority, the proprietor of an independent school or the managers of grant-aided school.
