Health and Education Chamber

Essential Criteria

Leadership 

• The ability to exercise strong leadership and to constructively challenge and support in the role of leader, and as part of a team in a Tribunal setting or similar

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

Legal Knowledge

• Evidence of professional achievement in the law, knowledge of substantive and procedural law and court/tribunal experience.
• A knowledge of and experience in Additional Support Needs law or evidence of the motivation and ability to acquire legal knowledge in this area.
   

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.
   

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
   

Eligibility

To be eligible for appointment you must:  

• Have previous engagement in practice for a period of not less than 5 years as a solicitor or advocate in Scotland; and 
  Subsequent engagement in any of the activities listed below: 
  (a) exercising judicial functions in any court or Tribunal; 
  (b) practice or employment as a lawyer of any kind; or
  (c) teaching or researching law at or for an educational institution. 

Responsibilities

• To provide leadership and support to the President in maintaining and developing the Chambers’ reputation as independent and accessible, providing a professional and expert service to parents, young people and children with additional support needs, and to education authorities and other appropriate agencies.  
• At the beginning of the hearing to explain the remit of the tribunal, the manner and order of proceedings and the procedure which the tribunal proposes to adopt.
• To chair the hearing, control the proceedings and establish the appropriate environment.
• To identify and help resolve any issues that arise.
• To explain legal, educational, health etc. terms/jargon when necessary and carefully listen to all contributions by witnesses and parties.
• To demonstrate knowledge of the 2004 Act, the 2010 Act, the Tribunal Rules, statutory instruments and case law and ensure that the hearing is conducted in terms of thereof.
• To manage the hearing and associated casework appropriately, including the production of written judgments.
• To make certain that the tribunal decision is composed clearly, accurately and as concisely as possible, and that it is accessible to all parties with use of plain English.
• To ensure that any decision or direction is communicated effectively.
• To have regard to the needs of other Tribunals` staff, when exercising functions in respect of the administration of the Tribunal.
   

The Chamber has three types of ordinary member:

• Education members are expected to have experience in school education
• Health member are drawn from a wide range of fields, such as GPs, child and adolescent psychiatry, child psychology or allied health professions
• Social work members are experienced social workers. 

As an ordinary member you will be expected to:

• 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.