Dispute Resolution - Information for Parents/Carers and Young People

Dispute resolution is available to parents and young people under the Education (Additional Support for Learning) (Scotland) Act 2004 and as amended in 2009. It is a formal legal process. It will help people resolve serious problems to do with additional support for learning.

Dispute resolution is a voluntary, confidential service. It is provided by individuals recruited and trained by The Scottish Government.

If you are a parent or a young person (i.e. a pupil who is 16 or over) and you are permanently resident in Dundee City, then you can use this procedure. The disagreement has to be about additional support for learning.

Dispute Resolution is normally used when a child or  young  person  has  an  additional support need but does not have a Co- ordinated Support Plan. It can be used, for example, when there are disagreements about:

• the assessment of additional support needs
• the level of additional support required or being provided.

The first step is to talk to the Head Teacher as talking through issues as early as possible often makes them easier to resolve. If this does not produce a solution, please contact:

Education Support Officer (ASN) Telephone: 01382 433984

The matter will be raised within the educational establishment and investigated. All efforts will be made to resolve the matter at nursery, school, centre or at authority level.

If the problem is still not resolved, then alternatives such as Independent Mediation via ‘Common Ground’ will be offered to you.

If the disagreement still cannot be resolved then formal dispute resolution can be sought.

A request should be made in writing, giving details and reasons, to The Support for Learning Division, Scottish Government, Victoria Quay, Edinburgh, EH6 6QQ

The Support for Learning Division will acknowledge your request. Within 5 working days they will contact Dundee City Council to share the request and then monitor the process. The Education Authority must provide Dispute Resolution unless the application is not legally competent.

The Education Authority must then notify you, within 10 working days, whether they accept the application. At the same time a letter is sent to the Scottish Government requesting the appointment of an Independent Adjudicator.

Both the Education Authority and the parents/carers submit reports to each other. We each have 10 days to consider these reports and exchange further views.

The Adjudicator will look at the information provided by both the parents/carers and the Education Authority in order to get a clear understanding of both sides of the disagreement. They may request further information.

Having reviewed all the information they make recommendations to the Education Authority. They must do this within 15 working days of receiving the reports.

In all but exceptional circumstances the decision of the Adjudicator will be accepted by the Authority.

On receipt of the recommendations the Authority will send their decision to the Adjudicator and to the parents together with a copy of the Adjudicator's report. This letter will also outline how the Authority intend to carry out the recommendations.

If you are dissatisfied with the outcome of the adjudication, you may wish to consider referral to the Courts, Scottish Ministers or the Public Sector Ombudsman.

Dispute Resolution must not take more than 60 working days from start to finish.

Throughout the dispute resolution process you are entitled to be supported. This support can come from a friend, relative, voluntary worker or an appropriate professional who can accompany you to meetings to help you make your points. They can also help you understand what others are saying or have said at meetings.

If you wish to be supported at any meeting, please let the school or Authority know who that will be in advance of any meeting.

Requests for Dispute Resolution must be made in writing to:-

The Support for Learning Division, Scottish Government, Victoria Quay, Edinburgh, EH6 6QQ

If, after speaking with school staff to resolve a problem, you still want to talk about anything about your child's support that concerns you, please contact:

Education Support Officer (ASN) Telephone: 01382 433984

If you want more specific advice and guidance about support for learning in Dundee, please contact Education Manager (ASN, Educational Psychology & Inclusion) Tel: 01382 433785

If you want to find out more about Mediation, please contact:

SACRO Tayside ASN Mediation Service
Email: infodundee@sacro.org.uk
Web Address : https://www.sacro.org.uk
Telephone: 01382 459252

Contact Name : Service Manager
Unit E, Market Mews
Market Street, Dundee DD1 3LA