Additional support for learning, co-ordinated support plans, the 16-week limit and references to the Health and Education Chamber.
Describe what has happened. The checker answers only from this guide, plus what you tell it, and says so if something is not covered.
Check a SEND Decision →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.
The Additional Support Needs part of the Health and Education Chamber (often called the ASN tribunal) deals with disputes about:
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 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.
For disagreements the tribunal cannot hear, councils offer mediation and independent adjudication (dispute resolution). Ask your council or Enquire how to use them.
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.
This guide gives no money figures.
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
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