What's involved for Parents
The Hearing
A Tribunal of 3 people will hear the reference. The Convener, who has a legal qualification, will chair the hearing. The Members have knowledge and experience of children or young persons with additional support needs within the meaning of the Act.
Parties should consider if they intend to call witnesses. It is possible for a witness to give written evidence or to speak to the Tribunal by telephone conference call if they are unable to attend in person.
The Convener will normally hold a telephone conference call prior to the hearing date to discuss how the hearing will proceed, confirm what witnesses are to be called and to agree a running order. It is also an opportunity for parties to clarify any preliminary issues prior to the hearing.
The Tribunal welcomes the opportunity to hear from the child but the decision as to whether the child attends is entirely for the parent. The Tribunal would always welcome the child attending or hearing the child’s views in writing, by video or in pictures.
We hold hearings throughout Scotland. In selecting the venue we ensure that this is at a location which is private and convenient for both parties. We will try to arrange a venue close to where the parent lives. Hearings are held in normal working hours, most start at 10am. Hearings are held in a variety of venues including Tribunal premises, universities/colleges, business centres and hotels and in some local authority premises where parties consent.
It is difficult to say how long a hearing will last, most will last one day but more complex cases, where there may be additional witnesses, such as placing requests can last 3 days.
More information on hearings can be found in the FAQ section.
Representation
Parents will often be unfamiliar with the Tribunal process and may want someone to represent them at the hearing. This could be a family member, friend, someone from a representative organisation or someone with a legal qualification. If a parent decides to have a representative this should be confirmed in writing and under the Tribunal Rules all communications from the Tribunals will only be sent to that named representative.
Either party can choose to have a representative or change a representative at any point prior to the hearing but it is important that the party informs the Secretary in writing without delay.
Where the person who will argue the case at the hearing is a different person from the named representative, then it is a courtesy to parties and to the Tribunal to ensure that the identity of this person is disclosed prior to the hearing.