Clear and regular communication between parents, children and young people and those who work with them is essential to build good relationships. Good communication together with information and support help to avoid disagreements or prevent them from escalating into more serious disputes.
It is expected that most disagreements can and will be resolved at school and Education Authority level with only a small number going to formal review procedures. The usual staged procedures for working through disagreements are:
Step 1 Discussion with class teacher
Step 2 Discussion with Head Teacher
Step 3 Involving the Area Education Manager
Even with good practice there will occasionally be situations when agreement cannot be reached locally, tensions arise and a way forward has to be found. The Highland Council has worked closely with CHIP+ to produce this information sheet to give advice and guidance on routes of appeal should they be required.
This new Act sets out three new routes which parents and young people will be able to use to resolve disagreements - Mediation, Dispute Resolution and Additional Support Needs Tribunals.
Mediation is a way of resolving disputes with the help of an impartial third party, a mediator. The mediator works with parents, young people and staff together to enable them to explore options, make decisions and reach their own agreements. The mediator does not take sides and does not decide the terms of any agreement.
Mediation can help families and staff to build or rebuild a positive relationship leading to agreement over the arrangements to meet the child’s Additional Support Needs. The overriding principle is that the people involved come to an agreement.
Mediation is completely confidential and any discussions held can only be shared if agreed by both sides.
The Highland Council has agreed that Children 1st will provide Mediation Services. The service is optional and free of charge to parents and young people. It is a voluntary service so there is no compulsion to make use of it. It is only to be used for issues concerning Additional Support Needs and can be used more than once.
To request the use of the Mediation service please write to the Additional Support for Learning Co-ordinator, who will acknowledge your request and help make the arrangements.
Sometimes an agreement still can’t be reached and it may be necessary to think about Dispute Resolution.
Dispute Resolution is a paper exercise to help resolve disagreements.
When this is requested The Scottish Executive will appoint an independent person, an adjudicator. The adjudicator will look at the information provided by both the parents and young person and The Highland Council in order to get a clear understanding of both sides of the disagreement. The adjudicator will then make recommendations to everyone involved. The process should take about 8 weeks.
Dispute Resolution is normally used when a child or young person has Additional Support Needs but does not have a Co-ordinated Support Plan. However, where there is a
Co-ordinated Support Plan, Dispute Resolution can be used where parents or young people feel that the contents of the Co-ordinated Support Plan are not being met.
Dispute Resolution can be used when there are disagreements about:
The assessment of Additional Support Needs
The level of additional support required or being provided eg. auxiliary support, support from another agency.
It is expected that in all but exceptional circumstances the decision of the adjudicator will be accepted by the Authority.
Requests for Dispute Resolution should be made in writing to the Additional Support for Learning Co-ordinator who will acknowledge your request and make the necessary arrangements.
Parents and young people have a right to refer to an Additional Support Needs Tribunal when they disagree with a decision made by The Highland Council with regard to a Co-ordinated Support Plan.
Additional Support Needs Tribunals will deal only with matters relating to
Co-ordinated Support Plans (CSP).
The Tribunal is a panel of independent people who will make a decision about a
Co-ordinated Support Plan where there is disagreement between parents and/or young people and The Highland Council.
There will be three members, one of whom will have a legal background, the others will be experienced in Additional Support Needs.
Parents and young people will have 2 months after receiving a decision letter from the Education Authority to refer the matter to the Tribunal if they disagree with the Authority’s decision.
The aims of the Tribunal are:
To make sound, independent and expert judgements
To be user friendly through informal and flexible in the way they work, and make it easy for people to use the service
To discourage formal, legal proceedings by providing a forum for constructive discussion
To make decisions which reflect best practice in relation to Additional Support Needs
The Tribunal must take account of the Code of Practice, produced by the Scottish Executive, which explains the new duties on The Highland Council and sets out good practice. The Tribunal will base their consideration of the facts of the case on how well the Authority has had regard to the Code before the hearing.
Parents and young people can refer to a tribunal if they disagree with the decision that The Highland Council has taken:
Where a CSP already exists parents or young people can refer to the Tribunal on:
CHIP+ by telephone 01463 711189 or by e-mail info@chipplus.org.uk
OR
Barrie Forbes
Additional Support for Learning Co-ordinator
Additional Support Needs Team
Children’s Services
Morven House
Raigmore Hospital
Inverness
IV2 3UJ
Tel 01463 701326'
School based staff eg. Class teacher, additional support needs staff, senior school staff/head teacher take a team approach to meeting (include other agencies) and discussions with parents and pupils to resolve matters. Aim to develop positive relationships/partnerships and resolve issues at school level.
Staged Procedures
In practice, almost all concerns are resolved at school or education authority level. If not, third party review may be required.
Voluntary Process. Initial use most likely at education authority level before relationship breaks down but can also be used at later stages if appropriate. Aim is for both parties to reach a mutually acceptable solution. Requests for access to Mediation should be sent to the Additional Support for Learning Co-ordinator who will acknowledge the request and contact Children 1st.
| Dispute Resolution by Independent Adjudication For disputes about the way the authority are exercising their functions under the Additional Support for Learning Act as these relate to individual children/young people, including non-delivery of co-ordinated support plan requirements. Requests for access to Dispute Resolution should be sent to the Additional Support for Learning Co-ordinator who will acknowledge the request and initiate the process. Exceptionally a few cases may go to:
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Education Authority Appeal Committees Will continue to hear placing requests (where there is no co-ordinated support plan) and exclusion appeals.
Sheriff Court
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Additional Support Needs Tribunals
Court of Session
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