Section 3: Dispute resolution
28.Section 3 amends section 16 of the 2004 Act. Section 16 enables Scottish Ministers, by regulations, to require education authorities to put in place arrangements to resolve disputes between the authority and any parents or young persons belonging to that authority’s area in relation to the education authority’s functions under the 2004 Act. Dispute resolution is carried out by an independent third party who considers the facts of the case and makes recommendations to the education authority. As with section 2, section 3 removes the requirement for the child or young person to belong to the authority’s area. This will allow parents of children or young persons who are being educated in an authority outwith the authority in which they live as a result of a successful out of area placing request, to access the dispute resolution services provided by the host authority.
