ADDITIONAL SUPPORT NEEDS TRIBUNAL FOR SCOTLAND

Frequently asked questions

What are additional support needs?  Children who face barriers to learning and need additional support to make progress are said to have additional support needs.  These can be short or long term.  For instance, additional support may be needed for a child or young person who:

  • is being bullied
  • has behavioural or learning difficulties
  • is deaf or blind
  • is particularly gifted
  • is bereaved
  • is not a regular attender.

These are just some examples.  The 2004 Act says that a child or young person has additional support needs if the child or young person is, or is likely to be, unable without the provision of additional support to benefit from school education provided or to be provided for the child or young person.

What is the code of practice?  The code of practice is a document published by the Scottish Ministers giving guidance to education authorities and other agencies on how to use the functions given to them by the 2004 Act. 

Who are the conveners?  Each convener is a legally qualified person from the tribunal who will be in charge of a hearing.  Scottish Ministers have appointed seven conveners who will go to hearings across Scotland.

What is a co-ordinated support plan?  The co-ordinated support plan is a document that sets out a child’s needs and the additional support he or she requires to overcome barriers to learning.

What is an education authority?  The part of a local authority which is responsible for providing education, carrying out assessments and providing additional support to meet the needs of children and young people, including preparing and maintaining co-ordinated support plans.

What is a hearing?  The meeting at which the tribunal considers a reference.  As well as the convener and to members, the tribunal administration will send somebody to help both parties with arrangements at the hearing.  This person will usually be the case officer who has dealt with the reference from the beginning.

Who are the members?  Members are individuals with knowledge and experience of children or young people with additional support needs.  There will be two members at each hearing and they will help the convener come to a decision about the case.  Scottish Ministers have appointed fifteen members who will go to hearings all over Scotland.

What is a reference?  Information provided to the tribunal by the parent or young person in respect of a disputed decision, failure or information by the education authority responsible for the school education of the child.

What is a tribunal?  In general, tribunals are like courts in that they make binding, final decisions (subject to appeal) on people who are required to participate.  However, tribunals tend to aspire to a more inquisitorial and less formal approach than courts.  Most tribunals have specialist jurisdictions and most sit in panels, often with non-legal members.  Each Additional Support Needs Tribunal will comprise a legally qualified convener and two expert members.

How old is a young person?   Usually, a young person is someone who is 16 or 17 years old, although this is not exactly the definition used in legislation.  (A child is 0-15 years old.)