Legal Issues and the Tribunal Jessica Burns, President 19 November 2010

 Impact of ASL changes from 14 November 2010  National advocacy provider  Integration of new conveners and members  Go live of Scottish Tribunals Service from 1 December 2010  Discrimination jurisdiction from 15 March 2011 Issues for 2011

Legal Developments Court of Session appeals pending on: Circumstances in which Tribunal can refuse to allow further witnesses Interpretation of Reg 3 of the ASL (Placing Requests and Deemed Decisions) (Sc) Regulations 2005 Findings in fact on additional support needs of the child Parental preference/impact on family life Appeal on exercise of enabling role did not proceed

Impact of 2009 Act Amendments S.1A & 1B Looked after and accommodated children S.1 (3) (a) “whether or not educational provision” S.18(3)(d)(ia) Appeals on provision S.18(3)(da) Appeals on all special school PRs S.19(4A) Timescale for implementing PRs Supervisory powers on decisions

Rule Changes Rule 5 - accelerated hearings Rule 8 - staggered case statement period Rule 9(2) - treatment of late evidence Rule 24A - specified persons and Tribunal power to call witnesses Rule 26 - convener powers to act alone Rule 45A - review powers

National Advocacy Provider Announcement made very shortly before go live date of 14/11 Impact of service difficult to predict Problems for Tribunal and parents in relation to very short transition Desirability of choice of representation Advocacy/representation roles Impact of ABWOR for disability cases

Conveners and Members Conveners – 6 existing and 6 new = 12 Members – 15 existing and 12 new = 27 Need to ensure –Tribunal balance – Experience –Conflict free –Equitable allocation –Adequate training

Scottish Tribunals Service Judicial issues developing in parallel to administrative ones Likelihood that reserved system not integrated fully until 2013

Discrimination Jurisdiction Experience south of the border to draw on Accumulating case law Impact on exclusion issues may be significant Enormous increase in public awareness through the Equality Act Legal Aid available on basis of child’s income and less informal forum