Submitting a reference or claim does not mark the end of discussion between the parties; both parties can continue to seek to reach an agreement wherever possible.
The 2004 Act requires Education Authorities to make mediation services available without charge. If parties take up this service, a hearing may prove unnecessary or it may be that some disputed issues are resolved and the hearing becomes more focused. The conference call procedure is designed to try and ensure that only those cases where there is a remaining dispute between parties, which cannot be resolved without a hearing, come before a tribunal.
The ASN Tribunal staff can answer questions about the process but they cannot advise parties on how they should present their case or give a view on the reference or claim. If you have an enquiry about the process, please call on 0141 302 5860.
If you require further advice or guidance there are a number of organisations that can help parents and young people prepare for a tribunal and in some cases attend as their representative.
Enquire is the Scottish advice service for additional support for learning. They provide advice and information about the education and additional support needs system in Scotland. Enquire will explain how the system may relate to your situation and can advise you on possible ways forward.
Let's Talk ASN Scotland is a free service for the parents of children with additional support needs who may require support in relation to a dispute or potential dispute with an education authority. The service also covers young people (aged 16 or 17 years) with additional support needs themselves. Let’s Talk ASN Scotland is a joint initiative of Govan Law Centre and Barnardo's. It is funded by the Scottish Government.
The service can be used by anyone who has the right to make a reference to the ASN jurisdiction. The Let’s Talk ASN Scotland service offers specialist independent advocacy throughout the process, and all cases are supervised by an experienced education law solicitor.
The Equality Advisory and Support Service (EASS) helpline advises and assists individuals on issues relating to equality (and human rights), across Scotland, England and Wales. They can also accept referrals from organisations which, due to capacity or funding issues, are unable to provide 'in depth help and support' to local users of their services local users of their services. EASS will provide advice and information on disability discrimination claims.
Education Scotland provides support, information and resources for all areas of the Scottish curriculum and promotes developments within Scottish Education. Their website contains a wealth of resources for Scottish teachers and educationalists from Early Years through to National Qualifications. The web service also provides support materials for teachers to support practice and continuous professional development.
There is also a database of anonymised decisions on our website. This provides information about the range and type of issues which have come before the Tribunal and the sort of evidence which is usually considered.
