If a parent or young person is concerned about the additional support being provided by the school it is usually quickest and most effective to talk to the Head Teacher or Area Education Manager. Talking through issues as early as possible often makes them easier to resolve. Sometimes, however, it's not possible to reach agreement and other methods must be tried to find a way forward.
Mediation can be requested as a next step and one further method is Dispute Resolution.
All parents of children with Additional Support Needs can request Mediation and/or Dispute Resolution.
Parents/carers or young people can request access to Dispute Resolution.
Dispute resolution is normally used when a child or young person has Additional Support Needs but does not have a Co-ordinated Support Plan. It can be used when there are disagreements about:
It can, however, also be used when the child has a Co-ordinated Support Plan but when parents feel that the contents of the Plan are not being met.
Once parents have requested Dispute Resolution the Additional Support for Learning Co-ordinator will send them an application form which must be completed and returned. (CHIP+ can help with the completion of this form.)
Once returned the Highland Council must notify you within 10 days whether or not they accept the application. The service must be provided unless it is not legally competent.
If it is decided to accept the application a request will be sent to the Scottish Executive to nominate an Independent Adjudicator.
Both the Highland Council and the parents submit reports to each other. They have 10 days in which to consider these reports and exchange further observations.
The Independent Adjudicator will look at the information provided by both the parents and the Highland Council in order to get a clear understanding of both sides of the disagreement. They may request further information.
Having reviewed all the information they make recommendations to the Education Authority.
They must do this within 15 working days of receiving the reports.
In all but exceptional circumstances the decision of the Adjudicator will be accepted by the Authority.
The decision will be made by the Senior Manager Additional Support Needs, the Area Education Manager and the Principal Educational Psychologist in consultation with relevant colleagues.
They will send their decision to the Adjudicator and to the parents together with a copy of the Adjudicator's report.
Dispute Resolution must not take more than 60 working days from start to finish.
Requests for Dispute Resolution must be made in writing to the Additional Support for Learning Co-ordinator:
Additional Support for Learning Co-ordinator
Additional Support Needs Team
Children’s Services,
Morven House
Raigmore Hospital,
Inverness,
IV2 3UJ
Tel : 01463 701326