Spotlight : Additional Support Needs Tribunals for Scotland
Liz Cameron, a member of the Council and its Scottish Committee, and Vice Chair of the Scottish Mediation Network, explains about the new Additional Support Needs Tribunals for Scotland.
The Additional Support Needs Tribunals for Scotland (ASNTS) came into operation on the 14 November 2005 as part of a major change in the arrangements for children in Scotland with additional support needs, incorporated in the Education (Additional Support for Learning) (Scotland) Act 2004 (the Act).
The ASNTS hears appeals (called references) from parents and young people about those decisions of their education authority in respect of the preparation, continuation, review and/or content of co-ordinated support plans. In a number of respects, the new tribunal is broadly similar to the SENDIST in England and the SENT in Wales.
Jessica Burns was appointed as ASNTS President in October. She brings with her a wealth of experience as a regional chairman in the Appeals Service and as a part-time chairman of Employment Tribunals. She considers that it is essential for the tribunals to have an "enabling ethos", allowing all the parties the opportunity to put forward their case in a supportive environment. ASNTS hearings will be in venues as close to the young person's home as possible.
Seven legally qualified convenors have been appointed along with fifteen members who have knowledge and experience of young people with additional support needs. The first cases are expected to come through from April or May onwards. Training is already underway, including input from two of the mediation services mentioned below.
The Scottish Committee of the Council welcomed the provisions in the Act for the use of alternative means of resolving disputes about additional support needs, through adjudication and mediation. Some young people have additional support needs which do not require a co-ordinated support plan. They are not be able to make a reference to the Tribunal but will be able to take their case to an external independent adjudicator. Those who can appeal to the Tribunal have the option of trying mediation, although it is not compulsory to do so before making a reference to the Tribunal since it is recognised that not all cases may be suitable for mediation. Jessica Burns does not want reference to the Tribunal to be seen as a last resort or in some way as failure.
Local Authorities have a duty to provide an independent mediation service. Most of them have done so by appointing a range of organisations already experienced in mediation in the field of education, while a few have opted to use their in-house services. Services appointed to twenty-six of the thirty-two local authorities meet together regularly under the auspices of the Scottish Mediation Network, as one of their initiative groups. The aims of the group are to share experience and information, to provide support and to examine ways of promoting best practice. They have recently had a productive meeting with Jessica Burns.
The HM Inspectorate of Education (HMIE) is responsible for monitoring and evaluating the performance of the education authorities in implementing the Act. This will include the mediation and dispute resolution elements. The new tribunal is under the supervision of the Scottish Committee of the Council, which has already been fully involved in overseeing the drawing up of Tribunal procedures.
(January 2005)