The Education (School and Placing Information) (Scotland) Regulations 2012

The duties and powers of an authority to supply certain basic information to certain parents

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5.  (1)  Subject to the provisions of these Regulations, an authority must in the case of any duty to do so, or may, in the case of any power, supply basic information to a parent to whom this regulation applies, on receiving a request from the parent.

(2) This regulation applies to a parent—

(a)of a child resident in the area of the authority to whom a request for basic information under paragraph (1) is made;

(b)of a child known to an authority to be proposing to reside in their area; or

(c)known to an authority to be considering the making of a placing request in respect of the parent’s child in respect of a school under their management.

(3) Paragraphs (4) to (9) apply where a request for basic information is made by a parent under paragraph (1).

(4) An authority must supply basic information of the kinds specified in Schedule 1 Part I paragraph 1(a) to the parent where the information relates to the schools specified in paragraph (6).

(5) Where that basic information relates to a school other than one specified in paragraph (6) the authority—

(a)must supply that basic information to the parent making the request if they are satisfied that the parent making the request has a reasonable need for the information; and

(b)otherwise, may supply that basic information to that parent.

(6) The schools specified for the purpose of paragraphs (4) and (5) are those in which the authority, having regard to the factors specified in paragraph (7), think the parent making the request is likely to wish to have that parent’s child placed.

(7) Those factors are —

(a)the age of the child;

(b)the normal or prospective place of residence of the child;

(c)any additional support needs of the child; and

(d)any affiliation of the parent to a particular religious denomination.

(8) An authority—

(a)must supply basic information of the kinds specified in Schedule 1 Part I paragraph 1(c) to the parent making the request if the requesting parent’s child has not commenced school attendance; and

(b)may supply that basic information to that parent if the parent’s child has commenced school attendance.

(9) An authority must supply basic information of the kinds specified in Schedule 1 Part I paragraphs 1(b) and (d) to (h) to a parent making a request under paragraph (1).