FAQs — Placing requests
The education department has named a school in the CSP but I want my daughter to go to a different school. What can I do?
As a parent you have the right to make a placing request. Parents of children with additional support needs can make placing requests to:
- a school or pre-school centre in Scotland that is run by an education authority
- an independent nursery in Scotland that is working in partnership with an education authority
- an independent special school or grant-aided special school in Scotland
- a school in England, Wales, Northern Ireland or outwith the UK that provides support wholly or mainly for children with additional support needs.
If your chosen school is run by a Scottish education authority, you make your placing request in writing to the education authority that runs your chosen school.
If your chosen school is an independent or grant-aided special school, you have to check with the managers of the school first to see if they are willing to offer your child a place. Then you make your placing request in writing to your education authority, that is, the one to which your child belongs.
Please see Factsheet 4 — Placing requests.
What happens after I have made a placing request?
The education authority must inform you in writing about its decision on the placing request. If it refuses your request, it must also give you the reasons for its decision. However, an education authority will be deemed to have refused a placing request if it has not informed you of its decision in writing by the 30 April on a request made before 15 March for the new school session starting in August that year. The same applies if it has not informed you of its decision within two months at any other time (excluding school holidays).
Please see Factsheet 4 — Placing requests.
You can appeal against the education authority’s decision to refuse your placing request. There are two possible appeal routes to follow: the education authority appeals committee or the Additional Support Needs Tribunal.
If any of the following apply, the appeal is made to the Additional Support Needs Tribunals for Scotland:
- Your child has a co-ordinated support plan.
- The education authority has decided your child needs a co-ordinated support plan.
- You are appealing against the education authority’s refusal to prepare a co-ordinated support plan.
If you want to make an appeal (called ‘a reference’) to the Additional Support Needs Tribunal you can contact them to ask for advice. The tribunals website is www.asntscotland.gov.uk or you can ring their helpline on 0845 120 2906.
Your education authority can also provide you with information on how to make a reference.
The Additional Support Needs Tribunals for Scotland are independent of local authorities and national government. Three people — one convenor and two members — will be present at each hearing. The convenor will be legally qualified and the members will have knowledge and experience of children or young people with additional support needs.
The education authority has to carry out the tribunal’s decision.
If the above does not apply, you would make your appeal to the education authority appeals committee. The education appeals committee will confirm or refuse to confirm the education authority’s decision. If it refuses to confirm it, the education authority must honour your placing request and place your child in the school of your choice. If the education appeal committee confirms the decision of the education authority, you then have the right to appeal to a Sheriff. Your application to appeal to a Sheriff must be lodged within 28 days after you get the decision from the education appeals committee. As with the education appeals committee, the Sheriff will also confirm or refuse to confirm the education authority’s decision. If the Sheriff refuses to confirm the decision, the education authority must agree to your placing request. The decision by a Sheriff on an appeal is final.
