Technical Notes 2023, Issue 27 - Transfer of the functions of Education Appeals Committees to the Scottish Tribunals – Consultation Response

1. The purpose of this Technical Note is to share with Members the Council’s final response to the consultation carried out by the Scottish Government on the Transfer of the Functions of Education Appeal Committee to the Scottish Tribunals.

2. From 14 November 2022 to 6 February 2023, the Scottish Government held a consultation seeking views on the proposal to transfer the jurisdiction of placing request appeals to the Scottish Tribunals. Currently, placing requests are considered by the Council as Education Authority. These are determined in accordance with both the Education (Scotland) Act 1980 and the Council’s admission policies. Parents/guardians can appeal the decision for a placing request to the Council’s Placing Request Appeals Panel. The consultation sought views on transferring appeals from the Placing Request Appeals Panel to the Scottish Tribunals.

3. Attached is a copy of the Council’s response to this consultation. The response details significant concerns and the potential impact of the proposals.  One area of concern is the detrimental impact on those families making appeals. Members will be aware that there is a very tight window within which the bulk of new session appeals can be determined in sufficient time for parents to purchase uniforms and make alternative arrangements should the appeal be unsuccessful. It is important that theses appeals are determined before the end of the preceding session, wherever possible.  volume of appeals across Scotland is such that is very difficult to envisage a situation other than one of unacceptable delays in determining appeals, should the administration and determination of appeals be centralised.

4. The consultation response was approved by the Education Committee on 24 January 2023 and submitted to the Scottish Government on 3 February 2023.