Mediation is a way of resolving differences and disagreements at an early stage with the help of an impartial third party, called a mediator. The mediator works with parents/carers, children/young people, as well as staff to enable them to explore options, make decisions, build positive relationships and reach agreement acceptable to all parties on how to meet a child or young person's additional support needs.
The mediator does not take sides and does not decide the terms of any agreement.
Mediation is confidential and any discussions held can only be shared by agreement.
Parents/carers and young people aged 12 years and over can appoint an Advocate to conduct all or part of their discussions to resolve any differences or disagreements that they have with the education service provision of Clackmannanshire Council. This can include writing letters and emails as well as completing forms and dealing with other agencies and services who may also be involved.
Advocacy services can be accessed by contacting Forth Valley Advocacy Services.
For young people who are 12-15 years old support can be accessed through the My Rights, My Say website.
You can also refer to Enquire's web page on Solving problems with your child's school for more information.
This is a more formal route which has been provided for under the Act. It involves a formal review of the case by someone who is independent of Clackmannanshire Council. An independent person called an adjudicator will be appointed. They will look at the information provided by the parents and young person and the local authority in order to get a clear understanding of both sides of the disagreement.
The adjudicator will then make recommendations to everyone involved. This process should take about eight weeks. Although there is no legal obligation for the recommendations to be acted upon, both parties are expected to accept the outcome.
Dispute resolution/independent adjudication can be used when there are disagreements about
This service is provided free of charge to parents and young people.
Requests for dispute resolution should be made in writing to the Service Manager Inclusion and Partnerships at the address below, who will acknowledge your request and help make the necessary arrangements.
The Additional Support Needs jurisdiction (the ASN Tribunal) hears references (appeals) from parents and young people against decisions of education authorities regarding the provision of educational support under the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act). Children aged between 12 and 15 years who have capacity to make a reference (and where their wellbeing will not be adversely affected) can also make two types of references:
The Equality Act 2010 (the 2010 Act) provides the right to make a claim (appeal) to the ASN Tribunal in respect of disability discrimination relating to pupils in school education. Claims may be made by the parent, the young person or the child (where the child has the capacity to make the claim).
A tribunal will ordinarily be made up of one legal member, who has a minimum of 5 years experience and two ordinary members who have specialist knowledge of children with additional support needs. Occasionally, a legal member will sit alone in specified types of cases.
The Additional Support Needs jurisdiction (the ASN Tribunal) hears references (appeals) from parents and young people against decisions of education authorities regarding the provision of educational support under the Education (Additional Support for Learning) (Scotland) Act 2004 (the 2004 Act).
Children aged between 12 and 15 years who have capacity to make a reference (and where their wellbeing will not be adversely affected) can also make two types of references:
CSPs are now prepared for children with additional support needs:
The ASN Tribunal hears references involving children and young people who either have, or are potentially entitled to have, a CSP.
The ASN Tribunal will also hear references about placing requests as well as failures to meet duties regarding post school transitions.
Educational Support Officer, Education & Schools
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 450000
Email: education@clacks.gov.uk