Health and Education Chamber
Additional Support Needs
The Additional Support Needs jurisdiction decides different types of cases in relation to school education and disability discrimination in school education. Applications are made to the Tribunal under the Education (Additional Support for Learning) (Scotland) Act 2004 (called references) or the Equality Act 2010 (called claims). Parties making an application may rely on the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC was incorporated into Scots law in 2024 by the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024. Applications can be made by a parent, young person (aged 16 years and above who remains in school education) or a child (up to and including the age of 15 years). If the case involves a reference under the 2004 Act, children aged 12 to 15 years may make specific types of reference provided they have capacity to do this and that making the reference with not harm their wellbeing. If the case involves a claim under the 2010 Act, children of any age, who have capacity to do so, may make a disability discrimination claim.
Anyone making an application becomes a party in the case. The person making the reference is called the appellant. The person making the claim is called the claimant. Where the UNCRC is being argued in a case other agencies may intervene in the proceedings. These are the Lord Advocate, the Commissioner for Children and Young People in Scotland and the Scottish Commission for Human Rights. Where this happens, the intervening agency becomes a party for the UNCRC part of the proceedings.
The Chamber is headed by Chamber President May Dunsmuir.
The skills required of judicial office holders are as follows-
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.
Essential Criteria
Knowledge, Interpretation and Application of the law
- Able to demonstrate strong skills and competence in your field of law .
- Able to demonstrate knowledge, interpretation and application of substan-tive and procedural law in your field of law.
- Evidence of your willingness and ability to acquire new legal knowledge and skills.
Leadership and Management
- Manage cases and time effectively.
- Able to take responsibility for process and decisions, ensuring they are fair and ethical.
- Manage the hearing process effectively.
- Is able to deliver work at speed and under pressure.
Communicating Effectively
- Establishes authority and inspires respect and confidence.
- Modifies communication style to meet the needs of different tribunal users.
- Listens with patience and respect.
- Produces written work that is clear, concise and well reasoned.
Exercising Judgement
- Remains impartial and open minded and is seen to be fair to all.
- Is able to analyse and assess complex evidence and arguments.
- Is able to reason clearly.
- Is confident in judging and making independent decisions in the face of challenge.
Working with others
- Able to work effectively as part of a team and be active in all communications, de-liberations and decision making.
- Able to confront difficult issues openly and sensitively.
- Understands the importance of collaborative working and collective decision making with other tribunal members.
- Able to respond with care and compassion to those subject to tribunal proceed-ings, in particular where those proceedings involve vulnerable persons.
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
Specialist Knowledge
- Provide the tribunal with support and guidance on matters in which they hold specialist knowledge, lived experience, understanding and expertise on rele-vant issues which are in dispute.
- Use experience and expertise to assist the tribunal to understand how a child or young person’s additional support needs and/or disability affects their activities of daily living and school education, highlighting any barriers to participation and inclusion in school education.
Working With Others
- Work collaboratively and effectively as part of a team of judicial office holders and be active in the hearing, deliberations and decision making.
- Take tri-partite responsibility for process and decisions, ensuring they are fair and impartial.
- Manage difficult issues which may arise in hearings in an inclusive and supportive manner, with care and sensitivity.
- Is self-aware and uses feedback and self-reflection to develop self and others.
Exercising Judgement
- Remains impartial and open minded and is seen to be fair to all.
- Able to absorb and distil complex arguments, summarise issues, and apply specialist knowledge to support well reasoned decisions.
- Able to focus on salient pieces of information and ask probing, focused ques-tions in a way that is sensitive to those being questioned.
Managing Work Effectively
- Is diligent and hard working.
- Is able to deliver work at speed and under pressure within timescales set by the Chamber President.
Communicating Effectively
- Modifies communication style to meet the needs of other tribunal judicial office holders, parties and witnesses, consistent with trauma informed principles.
- Ability to communicate with children and young people in an inclusive and re-spectful manner.
- Listens with care, patience and respect.
- Participate fully in deliberations after the hearing has concluded and convey specialist knowledge clearly.
Roles of Members
The roles of members of the Health and Education Chamber, both legal and ordinary are:
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.