For some considerable time (20 years or more), people in Scotland who knew about such things would have told you that the parents of children with special educational needs (or, latterly, additional support needs) have the same rights to make a placing request as other parents. However, they were just plain wrong. We now know – thanks to the judgement of the Lord President, Lord Hardie and Lord Macphail in W.D. v. Glasgow City Council  CSIH 72 – that the right to make a placing request is restricted if you child has additional support needs. Restricted, that is, to the boundaries of the local authority area in which you happen to live.
Three cheers, then to the Scottish Government who are proposing to reverse the Inner House’s decision and give the parents of pupils with additional support needs the right to make a placing request to whichever school they damn well please!
However, it appears that this seemingly uncontroversial proposal has caused some concern in certain quarters. Discussion on this point has reached the national media.
Check me out! I am quoted with my Govan Law Centre hat on in these articles:
- Hope for Children who Need Help in Class, The Herald 28 July 2008
- The Hidden Cost of Choice, The Herald 29 July 2008
- Govan Law Centre Welcomes Support for Change in Classroom Choice