This item was published during the term of a previous administration that ended in April 2007
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Proposals to improve education appeals system
10/11/2006
Moves to improve Scotland's Education Appeals Committees - which hear appeals against a council's decision to refuse a placing request or exclude a pupil from school - were unveiled today.
The Executive is consulting on ways to improve the system after research highlighted that many parents felt the committees were unfair and worked against them.
The proposed improvements include:
- Better information and advice for those appealing
- Guidance for councils on procedures at a hearing, including ways to avoid a quasi-judicial approach
- Funding national training materials for panel members.
- Encouraging authorities to ensure that the panel is not chaired by a councillor and that councillors do not make up the majority of a panel.
Deputy Education Minister Robert Brown said:
"It's crucial that appeal tribunals are not only independent but seen to be independent. We also need to ensure that appealing against a council's decision is not an intimidating experience for people.
"However, our research shows that too many people believe there is a serious imbalance of power between the council and parents. That's why we have launched this consultation to make the system as painless and productive as possible for parents."
The consultation, which runs until February 16, 2007, is available at www.scotland.gov.uk/consultations.
Parents, young people (who are over school age and under 18), and some pupils (who have legal capacity and are appealing against an exclusion decision) can appeal against a council's decision to refuse a placing request or to exclude a pupil from school. If the appeal is refused, there is a further right of appeal to the Sheriff Court, against the appeal committee's decision.
Every council must appoint a pool of people to sit on Education Appeal Committees which can have three, five or seven members.
In 2004/05, 696 appeals were made to Education Appeal Committees. Of these, 401 were heard and 85 were successful.
In 2000, the Scottish Committee of the Council on Tribunals, which supervises tribunals in Scotland, published a report on Education Appeal Committees which called for a review of the system. The report is available at www.council-on-tribunals.gov.uk/scot_pubs_sr_eac.htm. Further Executive-commissioned research supported the need for improvements.