Education (Scotland) Act 1980

61 Examination of children

(1) It shall not be lawful for an education authority to decide that a child requires special education, unless that child has undergone a medical examination and a psychological examination for the purpose of affording to the authority advice as to whether or not they ought so to decide ; and accordingly, before so deciding in the case of any child, an education authority shall—

(a) invite the parent of that child to submit the child for a medical examination and a psychological examination for the said purpose, and

(b) (in the case of a child who has attained the age of five years) if the parent fails to submit the child as aforesaid, by notice in writing served upon the parent require him to submit the child for a medical examination and a psychological examination for the said purpose.

(2) A parent who submits his child for a medical examination under subsection (1) above shall be entitled to be present at that examination if he so desires.

(3) If any parent on whom a notice has been served under paragraph (b) of subsection (1) above fails without reasonable excuse to comply with the requirements of the notice, he shall be guilty of an offence and liable on conviction by a court of summary jurisdiction to a fine not exceeding £10.

(4) A notice served under paragraph (b) of subsection (1) above in respect of any child shall—

(a) state that the purpose of the examinations is to afford to the education authority advice as to whether or not they ought to decide that that child requires special education;

(b) specify the times and places at which the examinations will be held;

(c) inform the parent of his right to be present at the medical examination if he so desires ;

(d) inform the parent of the penalty to which he will be liable if he fails without reasonable excuse to comply with the requirements of the notice.

(5) If the parent of any child requests the education authority for the area to cause that child to be medically and psychologically examined for the purpose of affording to the authority advice as to whether or not they ought to decide that the child requires special education, the authority shall comply with the request unless in their opinion the request is unreasonable.