Children's hearings training resource manual: volume 1

Volume 1 contains the Children's Hearings (Scotland) Act 2011 and new rules regarding legislation and procedures.

2 Failure to Provide Education for Excluded Pupil (s 127)

During the course of a hearing, where it appears to a children's hearing that an education authority has a duty to provide education for a child

  • to whom the hearing relates and
  • who is excluded from school

but the education authority is failing to comply with this; the children's hearing may require the National Convener to refer the matter to Scottish Ministers.

If a requirement is made the National Convener must make a referral to Scottish Ministers and also give a copy of the referral to both the education authority and the principal reporter.


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