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

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This is the original version (as it was originally enacted).

18References to Tribunal in relation to co-ordinated support plan

This section has no associated Explanatory Notes

(1)Any of the persons specified in subsection (2) may refer to a Tribunal any decision, failure or information specified in subsection (3) relating to any child or young person for whose school education an education authority are responsible.

(2)The persons referred to in subsection (1) are—

(a)where the decision, failure or information relates to a child, the parent of the child,

(b)where the decision, failure or information relates to a young person—

(i)the young person, or

(ii)where the young person lacks capacity to make the reference, the young person’s parent.

(3)The decisions, failures and information referred to in subsection (1) are—

(a)a decision of the education authority that the child or young person—

(i)requires a co-ordinated support plan, or

(ii)following a review carried out under section 10, still requires such a plan,

(b)a decision of the education authority that the child or young person—

(i)does not require such a plan, or

(ii)following a review carried out under section 10, no longer requires such a plan,

(c)where it has been established that the child or young person does require a co-ordinated support plan, failure by the education authority to prepare a plan by the time required by regulations made in pursuance of subsection (8)(f)(i) of section 11,

(d)where a co-ordinated support plan has been prepared (and not discontinued) for the child or young person—

(i)any of the information contained in the plan by virtue of subsection (2)(a) of section 9,

(ii)failure by the education authority to carry out a review of the plan as required by subsection (2) of section 10,

(iii)where such a review is carried out, failure by the education authority to complete the review by the time required by regulations made in pursuance of subsection (8)(f)(ii) of section 11, or

(iv)a decision of the education authority to refuse a request referred to in subsection (4) of section 10,

(e)where subsection (4) applies, a decision of the education authority refusing a placing request made in respect of the child or young person.

(4)This subsection applies where, at the time the placing request is refused—

(a)a co-ordinated support plan has been prepared (and not discontinued) for the child or young person,

(b)no such plan has been prepared, but it has been established by the education authority that the child or young person requires such a plan, or

(c)the education authority have decided that the child or young person does not require such a plan and that decision has been referred to a Tribunal under subsection (1).

(5)A decision of an education authority not to comply with a request referred to in section 6(2)(b) made in relation to any child or young person is to be treated for the purposes of this section as a decision of the authority that the child or young person does not require a co-ordinated support plan.

(6)Where, in respect of any child or young person for whom a co-ordinated support plan has been prepared (and not discontinued), any of the information referred to in subsection (3)(d)(i) has been referred under subsection (1) to a Tribunal, a further reference under that subsection in respect of the same information is not competent unless, since the last such reference was disposed of, a review of the plan has been carried out under section 10.

(7)Where a decision referred to in subsection (3)(e) in respect of a child or young person has been referred under subsection (1) to a Tribunal, a further reference under that subsection of such a decision in respect of the child or young person is not competent during the period of 12 months beginning with the day on which the last such reference of such a decision was made, unless, during that period—

(a)a review of any co-ordinated support plan prepared for the child or young person has been carried out under section 10,

(b)any such plan prepared for the child or young person has been amended pursuant to a requirement made by a Tribunal under section 19(4)(b), or

(c)where the last such reference of such a decision was made by virtue of subsection (4)(c), a co-ordinated support plan has been prepared for the child or young person.

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