Transfer of the functions of education appeal committees to the Scottish Tribunals

Overview

Having a choice about which school your child will attend is a fundamental feature of our education system. Choosing which school your child will attend is one of the most important decisions parents/carers will make. Most parents opt for their local catchment school while others will apply for a place at another school.

There are times when a local authority rejects a placing request. Under such circumstances, and when families do not agree with such a decision, they may wish to appeal it. Appeals related to exclusions – though used only rarely in comparison to placing requests appeals - can also impact greatly on a child’s education. It is important to have a robust and fair process in place for any appeals that may arise from placing requests and exclusions. 

The Tribunals (Scotland) Act 2014 envisages that the work of education appeal committees will transfer to the Scottish Tribunals. However, a change of this importance warrants careful consideration. Importantly, this consultation provides an opportunity for parents, children and young people to find out more about the implications of these proposals on their experience of choosing a place at school.

Alongside this, it will allow the views of those involved in the current, and proposed system, for school admission and exclusion appeals to be fully explored.

This consultation will enable the Scottish Government to decide on whether to proceed with the transfer on the basis of as broad a range of viewpoints as possible.

I invite you to consider the proposals within this consultation and to give your views by 6 February 2023.

Shirley-Anne Somerville MSP – Cabinet Secretary for Education and Skills

Elena Whitham MSP – Minister for Community Safety

Read the consultation paper 

What happens next

Scottish Ministers will consider your views on the consultation to decide whether Education Appeal Committees should transfer to Scottish Tribunals, and if not, what improvments can be made to the current system.