Who this guide is for
Parents and carers in Scotland, young people aged 16 or over who are still at school, and some children aged 12 to 15, who disagree with a council decision about additional support for learning, especially a co-ordinated support plan (CSP). It explains CSP time limits and references (appeals) to the Health and Education Chamber of the First-tier Tribunal for Scotland.
What this guide does not cover
- England, Wales or Northern Ireland: see the England guide, the Wales guide or the Northern Ireland guide.
- School exclusions: use the school exclusions checker.
- Placing requests that the tribunal cannot hear (for example, for a mainstream school where there is no CSP dispute): ask your council about its appeal committee.
- Complaints about a teacher or a school: ask the school, then the council.
⚖ At a glance
- Scotland uses the Education (Additional Support for Learning) (Scotland) Act 2004. A co-ordinated support plan (CSP) is a legal plan for a child who needs significant additional support from the council and at least one other service or agency.
- The council has 16 weeks to prepare a CSP or decide one is not needed.
- A CSP must be reviewed within 12 months, and a review must be finished within 12 weeks of starting.
- A reference to the tribunal should be received within 2 months of the council's decision or of the issue arising.
- Children aged 12 to 15 can make some references themselves.
The questions that decide the answer
- Is the school or council in Scotland? Yes: this guide. England, Wales and Northern Ireland have different systems and their own guides.
- Is the disagreement about a CSP, a placing request for a special school, or planning for leaving school? Yes: the tribunal may be able to hear it. Other additional support disagreements: use the council's mediation or dispute resolution (see below).
- When did the council decide, or the problem arise? The 2 months counts from then.
- Who is making the reference? A parent; a young person aged 16 or over who is still at school; or, for some references, a child aged 12 to 15.
Co-ordinated support plans and time limits
- The council has 16 weeks to prepare a CSP or tell you one is not needed. If it does neither in time, this is treated as a decision that a co-ordinated support plan is not needed, and you can refer that to the tribunal.
- A CSP must be reviewed when 12 months have passed since it was prepared. You can refer it to the tribunal if the review has not started, or if a review takes more than 12 weeks.
- You can also refer it if the council refuses your request for an early review.
- The council must answer a request for an early review within 4 weeks (never more than 12 weeks where it cannot). No answer in time counts as a refusal you can refer.
What the tribunal can hear
The Additional Support Needs part of the Health and Education Chamber (often called the ASN tribunal) deals with disputes about:
- the opening, closure, review, timescales or content of a CSP;
- the council not providing the support set out in a CSP;
- planning for a young person's move on from school;
- some refusals of placing requests, including a request for a special school.
A young person aged 16 or over who is still at school can make their own reference. A child aged 12 to 15 who has capacity, and whose wellbeing will not be harmed, can make a reference about a CSP or about the council's assessment of their capacity or wellbeing.
The time limit for a reference
The tribunal says a reference should be received within 2 months of the council's decision or of the issue arising. For placing requests, the 2 months counts from when the council told you of your right to make a reference. The tribunal can accept a late reference, but it does not have to: explain the reason for the delay in full.
Other disagreements
For disagreements the tribunal cannot hear, councils offer mediation and independent adjudication (dispute resolution). Ask your council or Enquire how to use them.
"I think the school is discriminating because of my child's disability"
You can make a disability discrimination claim about a pupil in school education to the same tribunal (Health and Education Chamber). The tribunal says the claim should be received within 6 months of the alleged discrimination. A child aged 12 to 15 can make their own claim.
Deadlines
- Council prepares a CSP or decides one is not needed: within 16 weeks.
- CSP review: after 12 months at the latest, finished within 12 weeks.
- Reference to the tribunal: within 2 months of the decision or the issue arising.
- Disability discrimination claim: within 6 months.
Money figures
This guide gives no money figures.
Where to go for help
The decision letter: it explains your right to make a reference.
First-tier Tribunal for Scotland (Health and Education Chamber): 0141 302 5860.
Enquire (the Scottish advice service for additional support for learning): 0345 123 2303.
Citizens Advice Scotland: 0800 028 1456
Traps
- EHC plans are an England system. In Scotland the legal plan is a co-ordinated support plan, and not every child with additional support needs gets one.
- If the council misses the 16 weeks, that counts as a refusal you can challenge.
- The time limit is 2 months, not a number of school days.
- Not every disagreement goes to the tribunal: many go to mediation or independent adjudication.
📜 Sources (checked 24 September 2026)
- Health and Education Chamber: Information Note 04/2018 "Making a reference" (what the tribunal can hear, who can refer, children aged 12 to 15); ASN jurisdiction page (disability discrimination claims); CSP reference form updated May 2026 (0141 302 5860, Enquire 0345 123 2303); reference forms (received within 2 months of the decision or the issue arising; late references).
- Health and Education Chamber decisions: node/153 (16 weeks under reg 4 of the Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2005; missed time limit treated as a decision under section 18(5B)); node/117 (review after 12 months, section 10(2)(a)); node/382 (failure to provide CSP support, section 18(3)(d)(ia)); node/362 and node/422 (placing request 2 months under rule 14(5); late references).
- West Dunbartonshire Council: ASN tribunal page (12-week review limit, early review refusal). East Lothian Council: resolving disputes leaflet (mediation and independent adjudication). legislation.gov.uk: Education (Additional Support for Learning) (Scotland) Act 2004 Explanatory Notes to section 18 (references for failure to carry out or complete a review by the required time, and for refusal of an early review); Additional Support for Learning (Co-ordinated Support Plan) (Scotland) Amendment Regulations 2010 (SSI 2010/149), new regulation 5A (early review: 4 weeks, never more than 12 weeks; failure treated as a refusal). Checked 26 September 2026.
- Disability discrimination claim time limit (6 months) reused from the Scotland school exclusions guide (checked 24 September 2026).
- Citizens Advice Scotland number reused from earlier guides (checked 24 September 2026).