Education (Additional Support for Learning) (Scotland) Act 2004

16 Dispute resolution

(1) The Scottish Ministers may by regulations make provision about the resolution of disputes between any education authority and—

(a) the parent of any child belonging to the area of the authority,

(b) any young person belonging to that area, or

(c) in relation to any such young person who lacks capacity to express a view or make a decision for the purposes of resolving such disputes, the young person’s parent,

concerning the exercise by the authority of any of their functions under this Act in relation to the child or young person.

(2) Regulations under subsection (1) may, in particular, make provision—

(a) requiring education authorities to establish a procedure in accordance with the regulations for the resolution of such disputes,

(b) applying to all such disputes or only to such descriptions of such disputes as may be specified in the regulations.

(3) However, such regulations, and any provision made in pursuance of such regulations—

(a) must not require any parent or young person—

(i) to use any procedure established in accordance with the regulations for the resolution of any dispute with an education authority, or

(ii) to pay any fee or charge for using any such procedure, and

(b) do not affect the entitlement of any parent or young person to refer any matter to a Tribunal.