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

Review by independent adjudicator

9.—(1) The independent adjudicator in reviewing the education authority’s discharge of their functions under the Act relative to the application must have regard to–

(a) the application;

(b) the education authority’s response;

(c) any further observations provided by the applicant or the authority within the time limit set out in regulation 8; and

(d) where paragraph (2) applies, such further information or advice relevant to the application received within the time limit set by the adjudicator.

(2) Where necessary to carry out the review, the adjudicator may invite the applicant, authority or such other person, including any relevant appropriate agency within the meaning of the Act, to provide further observations, information or advice on any matter relating to the application within such time and in such manner, whether in writing, or exceptionally in person, as the adjudicator may specify in the invitation.

(3) Within the period of 15 working days beginning with the first working day following the receipt by the adjudicator of the application, the authority’s response and any further observations provided in accordance with regulation 8, the independent adjudicator must complete the review under paragraph (1) and report in writing to the authority with recommendations as to how the specified matter should be resolved.

(4) At the same time as reporting to the authority under paragraph (3) the adjudicator must send to the applicant, and such other persons as the adjudicator considers appropriate, notice of the date of such report and the date by which, in accordance with regulation 10, the authority is required to give their decision.

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

(a) establish a date by which the report will be made to the authority; and

(b) inform the authority and the persons mentioned in paragraph (4) of the reason why that time limit cannot be complied with, and of the date established under sub-paragraph (a).