The Education Law Unit (ELU) at Govan Law Centre has secured a number of successful outcomes following substantive hearings before the First-tier Tribunal for Scotland (Health and Education Chamber) (FTT) in the last quarter.
The most common case proceeding to a substantive hearing continues to be the refusal of a placing request. Two recent ELU cases stand out. The first involved consideration of whether the education normally provided at the requested school (the specified school) was suited to the child’s age, ability, and aptitude.
The FTT examined the evidence carefully, agreed with the submissions put forward on our client’s behalf, and held that the local authority had not established that the ground of refusal existed. The refusal was overturned and we understand the child is excited to attend the specified school in August this year, having already commenced settling in visits.
The second case involved a young person whose additional support needs meant they had been out of education for a substantial period of time as they had been unable to attend their mainstream school for more than a year and a half. A residential placement at an independent school was requested but this was rejected by the local authority who relied on the “presumption of mainstream”, alongside other grounds.
A number of preliminary matters were considered by the FTT including an unsuccessful attempt by the education authority to introduce a new ground of refusal before the hearing commenced. After considering the evidence, led over multiple days, the FTT held that the council had not established that the grounds of refusal existed. The local authority’s decision was overturned with this case illustrating the importance of legal representation and good strategy in proceedings before the FTT.
Alongside refusals of placing requests, ELU advises and represents clients on other matters including co-ordinated support plans (CSPs). Recent success before the FTT has included the amendment of the content of CSPs and orders for local authorities to implement the terms of CSPs which have been generated for children and young people.
ELU has also supported a large number of clients to reach positive resolutions with local authorities in the last few weeks without the need to progress to a substantive hearing. This has included matters relating to CSPs, placing requests, and post-school transitions.
The successful cases above were presented by our Senior Solicitor and Head of ELU, Andrew Fyffe, who was supported by Charis Brooks (Solicitor and Project Lead for Let’s Talk ASN), Ross Wight (Senior Caseworker), Sophie McBride (Trainee Solicitor) and Tim Abrams (Caseworker).
