Section 20 References to First-tier Tribunal and powers of First-tier Tribunal: further provisionF5

Scotland Not yet in force

(1)

The Scottish Ministers may by order extend the categories of decision, failure or information in respect of which a reference to the F1First-tier Tribunal under section 18(1) may be made; and without prejudice to the generality such further categories of decision, failure or information may include—

(a)

a decision of the education authority—

(i)

that the child or young person has, or does not have, additional support needs,

(ii)

that a child or young person has additional support needs of a type that the person making the referral considers are not an accurate reflection of the child or young person’s additional support needs,

(iii)

to refuse an assessment request as referred to in section 8,

(iv)

as to the person, or to the means used, or to be used, to carry out the process of assessment or examination referred to in section 8,

(b)

failure by—

(i)

the education authority,

(ii)

any person identified in any co-ordinated support plan prepared for the child or young person as a person by whom additional support should be provided, or

(iii)

a combination of these persons,

to provide the additional support required by the child or young person.

(2)

Any order made under subsection (1) may also include provision to allow the F2Chamber President to reject references to the F3First-tier Tribunal arising from any further category of decision, failure or information referred to in the order without a hearing where the Chamber President is satisfied that the reference prima facie raises no substantial issue.

(3)

Orders made under subsection (1) may also make such consequential provision as the Scottish Ministers consider necessary or expedient, including provision as to the F4First-tier Tribunal’s powers in relation to any new category of decision, failure or information that may be referred to it.

Annotations

Textual amendments

F1: Words in s. 20(1) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 3(10)(a)
F2: Words in s. 20(2) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 3(10)(b)(ii)
F3: Words in s. 20(2) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 3(10)(b)(i)
F4: Words in s. 20(3) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 3(10)(c)
F5: S. 20 title substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Additional Support Needs Tribunals for Scotland) Regulations 2018 (S.S.I. 2018/4), reg. 1(1), sch. 2 para. 3(10)(d)