The contribution of adjudication to dispute resolution in Scotland

Margery M Browning, Senior Adjudicator

25 August 2011

What is independent adjudication?

Independent adjudication is a process whereby an independent person reviews the arguments and evidence on both sides of a disagreement between parents/carers and an education authority, draws conclusions and provides a written report with recommendations as to how the dispute should be resolved.

Information about adjudication• ‘Enquire’ the national support service Factsheet 12

(Telephone helpline 0845 123 2303: Website www.enquire.org.uk)

• The Govan Law Centre Website www.additionalsupportneeds.org.uk/guide/dispute.htm

• Chapter 8 ‘Supporting children’s learning: code of practice (2010)’ available at www.scotland.gov.uk/Publications/2010/08/11140218/0

• Scottish Statutory Instrument 2005 No. 501 The Additional Support for Learning Dispute Resolution (Scotland) Regulations 2005 as amended by 2010 No. 144 The Additional Support for Learning Dispute Resolution (Scotland) Amendment Regulations 2010

Key features of adjudication

• Time limited. 60 working days or less

• Independent adjudicators are impartial, selected by Scottish Ministers for experience in additional support for learning and knowledge of Scottish education

• No charge for applicants

• Parents, carers or a young person aged 16 or over and not having left school may make application

• The process helps to clarify the exact nature of the dispute between applicants and the education authority

• Recommendations are made on possible ways forward

• All cases have related to alleged failures by education authorities.

Failures by the authority:

• to provide, or make arrangements for the provision of, the additional support) whether relating to education or not) required by the child or young person when he or she does not have a co-ordinated support plan; and

• to make a request for assistance from another agency, such as social work and health, in relation to the additional support needs of a child or young person.

Specified matters relating to EA decisions

• that a child or young person has or does not have additional support needs;

• the type of additional support needs the child or young person has

• the education authority’s refusal to determine whether or not a child or young person has additional support needs

• the education authority’s refusal to undertake an assessment requested by the parents/carers or a young person

• the person undertaking the assessment and the way in which it is done

Cases: School Session 2006 to 2011

• 78 applications

• 5 withdrawn

• 4 not accepted by EA (all since October 2010) but cases have been addressed

• 2 current

• 28 authorities have been involved in adjudication

Some issues in relation to adjudication

• Parents/carers/young person do not know about process

• Demands in making a case in relation to specified matter(s)

• Availability of support to make case• Recommendations may not be accepted by

the authority• Mediation may be required to implement

recommendations

Insights from adjudication: what needs to improve

• Relationships and communication • The quality of assessment• Specification of needs and how to meet them• Shared understanding of what is to be

achieved• Monitoring and review• Involving the child/young person in decision

making