Resolving disagreements about ASL

The Additional Support for Learning (ASL) Act introduced ways of resolving disagreements between schools and parents or young people as they happen. These methods include

  • mediation
  • dispute resolution
  • tribunal.

We resolve most disagreements at school level. 

Mediation

The mediator is separate from the support provided by us. You can contact them directly. They will not give advice to either side but will help everyone to put forward their views.

Parents and young people can have supporters or advocates present at any time. A supporter can be anyone the parent or young person chooses. They may speak on behalf of a young person or help them to speak for themselves.

An advocate is trained in advocacy and has a good understanding of Scottish law.

The parent or young person should not bring a lawyer with them to mediation.

Common Ground Mediation is an independent organisation. Find mediation services and information on their website.

If mediation has not resolved the disagreement, there are two more ways to do so. 

Dispute resolution 

Contact the Parent and Pupil Support Manager to request this.

We reach a decision based on reports and papers. The disagreement is considered by an independent party.

If the parent or young person chooses not to use dispute resolution, this can’t be held against them at any later time.

Tribunal 

Parents or young people can use a tribunal for disagreements about a coordinated support plan. Contact the Parent and Pupil Support Manager for information.

Health and Education Chamber for Scotland provides information about tribunals.

At the tribunal there will be a hearing where a Communities and Families representative and the parent or young person explain their views. The end decision is final and both sides must accept it. The parent or young person can appeal to the court of session, if they believe that the tribunal has made a mistake in interpreting the law. 

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