The Additional Support for Learning (Placing Requests and Deemed Decisions) (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in relation to placing requests relating to children or young persons with additional support for learning needs provided for by the Education (Additional Support for Learning) (Scotland) Act 2004 (“the Act”). They make provision for deeming decisions to have been taken by education authorities or appeal committees established under the Education (Scotland) Act 1980 where those bodies have not reached a decision in relation to a placing request on reference by the dates or within the periods prescribed in these Regulations. Such a deemed decision puts the person making the placing request or reference in a position to proceed to the next step in the appeal process under the Act by making a reference to an appeal committee, or by an appeal to the sheriff.

Regulation 3 prescribes dates by which, or the period on the expiry of which, an education authority will be deemed to have made a decision refusing a placing request. Regulation 4 makes comparable provision with respect to references made by a parent or young person to an appeal committee of an education authority’s decision in relation to a placing request for such a child or young person.

Regulation 5 applies where the decision of an education authority refusing the placing request has been referred to an Additional Support Needs Tribunal established under the Act. It provides that for the purposes of deemed decisions of the appeal committee under regulation 4, any days during which a reference by the Tribunal has not been notified to the committee are, to the extent specified, to be disregarded. Further provision is also made to the effect that the committee shall always have a minimum of 10 working days within which to take further action following receipt by the committee of notification from the Tribunal.

Regulation 6 makes provision requiring an education authority to provide relevant information to an appeal committee on being notified that their decision on a placing request has been referred.