Section 70 of the Education (Scotland) Act 1980: guidance on making a complaint

Guidance to support those who are considering or who have made a complaint under Section 70 of the Education (Scotland) Act 1980.


Before making a complaint Under Section 70

The Scottish Ministers strongly believe that any issues which arise between parents, carers or young people and schools and education authorities should be resolved at as local a level as possible. Maintaining a positive relationship between school and family is key to ensuring that the child or young person concerned continues to benefit from school education. Therefore the Scottish Ministers consider that any issue which a parent, carer, child or young person feels should be addressed should initially be discussed with a teacher or the head teacher at school. Independent schools and education authorities have their own complaints procedures which should be followed in the first instance. Depending on the nature of the complaint there are further methods of resolving concerns, these are set out below.

Additional Support for Learning

There are a range of dispute resolution mechanisms available under the additional support for learning legislation; including independent mediation and adjudication, and a reference to the First-Tier Tribunal ( FTT).

For example, in certain circumstances, an education authority's decision on a placing request can be appealed to the Tribunal.

Scottish Government provide funding to Let's Talk ASN to provide support, advice and representation where required on this matter. Further information can be found at the following link: https://www.asntscotland.gov.uk/sites/default/files/files/Lets%20Talk%20ASN%20Flyer.pdf

Further advice is also available via Enquire, whom the Scottish Government fund to provide advice to parents on additional support for learning matters. Their confidential helpline can discuss the details of your situation and provide advice to parents and practitioners on the rights of children, young people and parents under the Education (Additional Support for Learning) (Scotland) Act 2004. Enquire may also be able to signpost you to other organisations that may be able to help. Enquire's confidential helpline is available to be contacted directly on 0345 123 2303.

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