Education (Additional Support for Learning) (Scotland) Act 2004

15 Mediation services S

(1) Every education authority must make such arrangements as they consider appropriate for the provision of independent mediation services for the purposes of seeking to avoid or resolve disagreements between the authority and—

[F1 (a) the parents of any children,]

[F2 (b) any young persons,]

(c) in relation to any F3 ... young persons who lack capacity to express a view or make a decision for those purposes, their parents,

concerning the exercise by the authority of [F4 any of ]their functions under this Act in relation to [F5 the] children or young persons.

[F6 (1A) In making arrangements under subsection (1) for the provision of mediation services in respect of a matter that is the subject of a disagreement (or potential disagreement) between an education authority and the parents of a child, the authority must seek and take account of the views of the child in respect of the matter.]

(2) Mediation services are independent for the purposes of subsection (1) if the person providing the services has no involvement in the exercise by or on behalf of the authority of their functions [F7 relating to education or any of their other functions](apart from this section).

(3) Arrangements made in pursuance of subsection (1)—

(a) must not require any parent or young person—

(i) to refer any disagreement with the authority to the mediation services provided in accordance with the arrangements, or

(ii) to pay any fee or charge for the provision of the mediation services, and

(b) do not affect the entitlement of any parent or young person to refer any matter to [F8 the First-tier Tribunal] .

(4) In this section and section 16, references to the exercise by an education authority of any function include references to a failure to exercise the function.

Textual Amendments

F1 S. 15(1)(a) substituted (14.11.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 2(a), 26(3); S.S.I. 2010/277, art. 2

F2 S. 15(1)(b) substituted (14.11.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 2(b), 26(3); S.S.I. 2010/277, art. 2

F3 Word in s. 15(1)(c) repealed (14.11.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 2(c), 26(3); S.S.I. 2010/277, art. 2

F4 Words in s. 15(1) inserted (14.11.2010) by virtue of Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 2(d), 26(3); S.S.I. 2010/277, art. 2

F5 Word in s. 15(1) substituted (14.11.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 2(e), 26(3); S.S.I. 2010/277, art. 2

F6 S. 15(1A) inserted (10.1.2018) by Education (Scotland) Act 2016 (asp 8), s. 33(2), sch. para. 14; S.S.I. 2017/354, reg. 2(a)

F7 Words in s. 15(2) substituted (14.11.2010) by Education (Additional Support for Learning) (Scotland) Act 2009 (asp 7), ss. 11, 26(3); S.S.I. 2010/277, art. 2

F8 Words in s. 15(3)(b) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 3(5)

Commencement Information

I1 S. 15 in force at 14.11.2005 by S.S.I. 2005/564, art. 2