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The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005

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10.—(1) The education authority must, within the period of 10 working days beginning with the first working day following the receipt of report and recommendations, give notice of their decision under this regulation in writing to the applicant, and such other persons, including any relevant appropriate agency as the authority consider appropriate, and must set out–

(a)the facts on which their decision is based;

(b)the reasons for their decision;

(c)where applicable, their reasons for not following, whether in whole or in part, the recommendations of the independent adjudicator; and

(d)their view of the effect of their decision on the child or young person the subject of the application.

(2) At the same time as notifying the applicant of their decision the education authority must provide to the applicant, and such other persons as the authority consider appropriate, without charge, a copy of the independent adjudicator’s report and recommendations.

(3) On becoming aware that the time limit in paragraph (1) cannot be complied with because it is impractical to do so, the education authority must–

(a)establish a date by which notice of their decision will be given to the persons mentioned in that paragraph; and

(b)inform those persons of the reason why the time limit in that paragraph cannot be complied with and of the date established under sub-paragraph (a).

(4) The date established under paragraph (3)(a) must not exceed the time limit by longer than is necessary in the circumstances and in any event must not be more than 60 working days from the day the authority sent the applicant confirmation of acceptance of the application under paragraph (1) or (4) of regulation 4.

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