Scotland Case Law

RS per Govan Law Centre v South Lanarkshire Council

The Upper Tribunal upheld the First-tier Tribunal’s ruling that it had no jurisdiction over a complaint about primary-school transition duties under the 2004 Act and 2005 Regulations.

• Additional support needs
• Transition duties
• Jurisdiction of the first-tier tribunal for scotland
• Section 18(3)(g) of the education (additional support for learning) (scotland) act 2004
• Education (additional support for learning) (scotland) act 2004
• Additional support for learning (changes in school education) (scotland) regulations 2005

Read case analysis

North Lanarkshire Council against LM per Cairn Legal Limited

The Upper Tribunal for Scotland held that no fresh placing request was needed for the child’s move from nursery to primary provision at School B, and upheld the FTS decision.

• Additional support needs
• Placing request
• Jurisdiction
• All through school
• Special school
• Primary education

Read case analysis

PARENTS OF CHILD J AGAINST DUMFRIES AND GALLOWAY COUNCIL

PARENTS OF CHILD J AGAINST DUMFRIES AND GALLOWAY COUNCIL [2015] ScotSC 69 (03 November 2015)

A sheriff allowed parents’ appeal over a refused placing request, holding the child had additional support needs and ordering Dumfries and Galloway Council to place him at the specified school.

• Placing requests
• Additional support needs
• Appeals process
• Class size regulations
• Uncrc best interests of the child
• Education-law

Read case analysis

JB (AP) (PARENT OF CHILD CB) v Glasgow City Council

JB (AP) (PARENT OF CHILD CB) v Glasgow City Council [2013] ScotCS CSIH_77 (13 September 2013)

The Inner House refused an appeal over a placing request, holding that speculative 'selling on' value of a school place need not be counted in cost assessment.

• School placing requests
• Additional support needs
• Statutory interpretation
• Cost assessment in education provision
• School-placing-requests
• Additional-support-needs

Read case analysis

K (AP), Re Judicial Review

K (AP), Re Judicial Review [2011] ScotCS CSOH_203 (09 December 2011)

The Court of Session held that North Ayrshire Council had no duty to fund transport for a child attending a Renfrewshire school by private agreement.

• Provision of school transport
• Education authority duties
• Additional support needs
• Interpretation of education (scotland) act 1980
• Placing requests
• Education-law

Read case analysis

City of Edinburgh Council v MDN

City of Edinburgh Council v MDN [2011] ScotCS CSIH_13 (18 February 2011)

The Inner House refused a Council appeal about a placing request for a child with additional support needs and upheld the Tribunal’s order for Camphill School.

• Additional support needs
• Placing requests
• Special educational provision
• Reasonableness of public expenditure
• Tribunal procedure
• Additional-support-needs

Read case analysis

WA's Legal Representative v The Highland Council

WA's Legal Representative v The Highland Council [2008] ScotCS CSIH_51 (22 August 2008)

An appeal about whether a child required a co-ordinated support plan under Scottish education law was refused.

• Additional support needs
• Co-ordinated support plan (csp)
• Assessment requests
• Tribunal procedure
• Statutory interpretation
• Education-law

Read case analysis

JF v Decision By The Additional Support Needs Tribunal

JF v Decision By The Additional Support Needs Tribunal [2008] ScotCS CSOH_61 (15 April 2008)

Appeal over a school placing request for a child with additional support needs was refused after the court held the Tribunal’s reasons and findings were adequate.

• Placing requests
• Additional support needs
• Tribunal appeals
• Requirement to give reasons
• Assessment of evidence
• Education-law

Read case analysis

SC v City Of Edinburgh Council

SC v City Of Edinburgh Council [2008] ScotCS CSOH_60 (15 April 2008)

Court of Session appeal on a special-needs placing request was refused. The court found no apparent bias, no error in the statutory test, and adequate reasons.

• Additional support needs
• Placing requests
• Natural justice
• Apparent bias
• Statutory interpretation
• Additional-support-needs

Read case analysis