Education (Scotland) Act 1980

64 Provisions supplementary to section 63. S

(1) Where—

(a) an appeal committee are satisfied that a reference to them under section 63 of this Act is made under subsection (1)(a) [F1 , (aa)] or (b) or [F2 (2)(aa) or (a)] of that section; or

(b) an appeal committee consider that, without having the decision of the Secretary of State on the question whether or not a child should be recorded or on the matters specified in section 65D(2)(a) or (b) of this Act in relation to a child or young person, they cannot deal with a reference made under section 63(1)(c)or(2)(b) of this Act which relates to the education authority’s decision as to the nomination for the purposes of section 65D(2)(d) of this Act of a school to be attended by the child or young person,

they shall in turn refer the reference or, as the case may be, that question or so much of the reference as relates to matters specified in section 65D(2)(a) or (b) of this Act to the Secretary of State.

(2) Subject to subsection (1) above, an appeal committee may, on a reference made to them under section 63(1) or (2) of this Act, confirm the education authority’s decision as to nomination, for the purposes of section 65D(2)(d) of this Act, of a school to be attended by the child or young person to whom the reference relates or refusing a placing request in respect of him if they are satisfied that—

(a) in relation to the placing request, one or more of the grounds of refusal specified in section 28A(3) of this Act as it applies to recorded children or, as the case may be, recorded young persons exists or exist; and

(b) it is, in all the circumstances, appropriate to do so

but otherwise shall refuse to confirm the authority’s decision and shall, where they so refuse, require the education authority to place the child or young person in the specified school.

In this subsection, the reference to a placing request includes a reference to a placing request the making of which has, by virtue of section 63(3) of this Act, enabled the reference to the appeal committee to be made; and the reference to the specified school includes a reference to the school specified in such a placing request.

(3) Where, in the case of a recorded child or recorded young person—

(a) an appeal committee refuse to confirm the education authority’s decision as to the nomination of a school to be attended by him or refusing a placing request in respect of him; and

(b) the specified school is an independent or grant-aided special school,

the committee shall require the authority to meet the fees and other necessary costs of the child’s or young person’s attendance at the specified school, and the authority shall comply with that requirement.

In this subsection, the reference to the specified school includes a reference to the school specified in the placing request the making of which has, by virtue of section? 63(3) of this Act, enabled the reference to the appeal committee to be made.

(4) On a reference to him under subsection (1) above the Secretary of State shall, subject to subsection (7) below—

(a) confirm or refuse to confirm the education authority’s decision to record or to continue to record the child;

(b) confirm, with or without modification, the terms in which the matters specified in section 65D(2)(a) or (b) of this Act are recorded in the Record of the child or young person.

(5) Where the Secretary of State refuses, under paragraph (a) of subsection (4) above, to confirm an education authority’s decision to record a child or to continue to record a child, he shall direct the authority to discontinue the Record of the child and the authority shall comply with such a direction.

(6) Where the Secretary of State, under subsection (4)(b) above, confirms with modifications an education authority’s decision as to the terms in which the matters specified in section 65D(2)(a) or (b) of this Act are recorded in the Record of a child or young person, he shall direct the authority to modify the Record accordingly and the authority shall comply with such a direction.

(7) Where a reference has in turn been made to the Secretary of State under paragraph (b) of subsection (1) above, the Secretary of State shall not—

(a) refuse to confirm the decision of the education authority to record or to continue to record the child; or

(b) confirm, with modifications, their decision as to the terms in which the matters specified in section 65D(2)(a) or (b) are recorded in the Record of the child or young person

unless he has first obtained and taken into consideration the views of the parent or young person who made the reference to the appeal committee.

(8) The Secretary of State shall notify his decision under this section to the appeal committee, the person who made the reference to the appeal committee and the education authority.

(9) Where, on a reference to an appeal committee under section 63 of this Act, the committee have in turn referred the reference or any part thereof to the Secretary of State under subsection (1)(a) or (b) above, they shall not dispose of so much of the reference as relates to the school to be attended by the child or young person until the Secretary of State’s decision upon the matter referred in turn to him is notified to the appeal committee and they shall reach their decision as respects the school to be attended by the child or young person in the light of the Secretary of State’s decision.

(10) An appeal committee shall notify their decision under this section and the reasons for it in writing to the parent or, as the case may be, young person who made the reference to them and to the education authority and, where they confirm the education authority’s decision as to the nomination of a school to be attended by the child or young person or refusing the placing request to which the reference relates, they shall inform the parent or, as the case may be, the young person who made the reference to them of his right of appeal to the sheriff under section 65 of this Act.

(11) Where, on a reference under section 63(1) or (2) of this Act, an appeal committee refuse to confirm an education authority’s decision as to the nomination of a school to be attended by the child or young person or refusing the placing request to which the reference relates, the authority shall place him in the specified school and shall amend accordingly any nomination in his Record of a school to be attended by him.

In this subsection, the reference to the specified school includes a reference to the school specified in the placing request the making of which has, by virtue of section 63(3) of this Act, enabled the reference to the appeal committee to be made.

Textual Amendments

F1 “,(aa)” inserted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33, SIF 113:1), s. 14(6)(a)

F2 Words substituted by Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33, SIF 113:1), s. 14(6)(b)

Modifications etc. (not altering text)

C1 Power to modify s. 64 (during period of 3 years beginning with 1.1.1983), as originally enacted, conferred by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(c)

C2 S. 64 modified by S.I. 1982/1734, reg. 8, Sch. 6

C3 S. 64 excluded (during period of 3 years beginning with 1.1.1983) by Education (Scotland) Act 1981 (c. 58), Sch. 8 para. 4(d)