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This is the original version (as it was originally enacted).

28Requests under this Act: further provision

This section has no associated Explanatory Notes

(1)References in this Act to a “request” are to a request which—

(a)is in—

(i)writing, or

(ii)another form which, by reason of its having some permanence, is capable of being used for subsequent reference (as, for example, an audio or video recording), and

(b)contains a statement of the reasons for making the request.

(2)Where an education authority decide not to comply with any request made to them under this Act, the authority must—

(a)inform the person who made the request of that decision,

(b)in so doing, give reasons for the decision,

(c)except where the request was of the type specified in section 7(2)(b), provide the person who made the request with information as to—

(i)the mediation services provided in pursuance of arrangements made by the authority under section 15(1), and

(ii)any procedures for the resolution of disputes established by the authority in pursuance of any regulations under section 16,

(d)where the request was made under section 6(2)(b) or 10(4), inform the person who made the request of the right under section 18(1) to refer the decision to a Tribunal, and

(e)where the request was a placing request, inform the person who made the request of—

(i)the right under paragraph 5 of schedule 2 to refer the decision to an appeal committee, or

(ii)the right under section 18(1) to refer the decision to a Tribunal,

(as appropriate).

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