Additional Support Needs Tribunal “did not err in law”

A decision of the Inner House in the case of WA’s Legal Representative v. The Highland Council 2008 CSIH 51, considers the role of the Additional Support Needs Tribunal for Scotland.

WA had been refused a Co-ordinated Support Plan (or CSP) and appealed to the Tribunal against this refusal. WA’s parents had also requested that assessments be carried out and it appears that the Highland Council had not properly responded to said requests, in terms of Section 8 of the Education (Additional Support for Learning) (Scotland) Act 2004.

The Tribunal found in favour of the Council and the parent appealed to the Court of Session, arguing that “the Tribunal had misdirected themselves in law in failing to ensure that they or the respondents had the information necessary to ascertain WA’s additional support needs”. Lords Carloway, Eassie and Reed disagreed, holding that in view of the Tribunals expert status, it had been entitled to make the findings it had in refusing WA’s appeal.

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