Health and Education Chamber

Additional Support Needs

The  Additional Support Needs jurisdiction Tribunal considers three types of applications – references, regarding the provision of educational support under the Education (Additional Support for Learning) (Scotland) Act 2004; claims, in respect of disability discrimination in school education, under the Equality Act 2010 and freestanding United Nations Convention on the Rights of the Child (UNCRC) applications, under the United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Act 2024.

The Chamber is headed by a Chamber President, May Dunsmuir.

The skills required of judicial office holders are as follows-

Ordinary Members

Eligibility

To be eligible for appointment to the Chamber, you must have knowledge and experience of children or young persons with:

(a) additional support needs within the meaning of section 1(1) of the Education (Additional Support for Learning) Act 2004; or

(b) a disability within the meaning of section 6 of the Equality Act 2010. 

Essential Criteria

Sound Judgement & Intellectual Capacity

  • The ability to concentrate on and absorb relevant arguments, summarise factual and legal issues, and apply knowledge to arrive at balanced judgements.

Critical analysis and decision making

  • The ability to focus on salient pieces of information and ask probing focused questions and the ability to evaluate evidence objectively and impartially. 

Working with others

  • Display courtesy and consideration to all tribunal users and staff and sensitivity to people from different social backgrounds.
  • Commitment to engaging positively and openly with parties and the public and encouraging participation in proceedings.
  • The ability to undertake effective public presentation/ representational work

Written and Oral communications

  • The ability to produce a high quality of written work quickly
  • The ability to communicate effectively using straightforward language with all types of tribunal users, listening actively and attentively

Experience of children with additional support needs or a disability

  • Current knowledge and experience of children or young people with additional support needs;
  • Current knowledge and an interest in disability issues;
  • An understanding of the way in which the education sector (especially schools) operates;

Desirable Criteria

Knowledge of Diversity Issues

  • Understanding of the contribution made by the Additional Support Needs Tribunals to the delivery of education policy in Scotland
  • Understanding of the Tribunals’ jurisdiction under the Equality Act 2010 in relation to disability discrimination in schools
     

Roles of Members

The roles of members of the Health and Education Chamber, both legal and ordinary are:

Ordinary Members
  • To sit as part of a tribunal panel, to hear appeals (references or claims) against education authorities/responsible bodies in relation to additional support needs or disability discrimination in education . 
  • To exercise strong teamwork and to constructively challenge and support the convener or leader, as part of a team in a tribunal setting or similar.
  • To carefully consider arguments, points of consideration and apply knowledge to arrive at balanced judgements. 
  • To be courteous and considerate to all tribunal users and staff and sensitive to people from different social backgrounds. 
  • To maintain up to date knowledge of additional support needs law, practice and procedures.