Education (Scotland) Act 1980

64 Reference to Secretary of State of cases under ss. 62 and 63

(1) Where an education authority—

(a) decide under section 62 of this Act that a child requires special education, or

(b) determine under section 63 of this Act not to revoke a decision made by them that a child requires special education and give to the parent of that child, in pursuance of paragraph (ii) of section 63(4) of this Act notice in writing of their determination,

the education authority shall, if so required by the parent of the child, issue to the parent a statement of the reasons for their decision or determination, as the case may be, and where such a statement is so issued the parent may, if he is aggrieved by the decision or determination—

(i) in the case of a decision, within the period of twenty-eight days from the date on which the statement was issued or such longer period therefrom as the Secretary of State may, either during or after the expiry of the twenty-eight days, allow,

(ii) in the case of a determination, within the said period of twenty-eight days,

refer the case to the Secretary of State.

(2) On any reference under subsection (1) above the Secretary of State shall either confirm or refuse to confirm the decision or determination of the education authority.

(3) Where under subsection (2) above the Secretary of State refuses to confirm the decision or determination of an education authority with respect to any child, the authority shall be deemed to have revoked their decision that that child requires special education, and—

(a) they shall forthwith give to the parent of the child notice in writing of the revocation of the decision, and

(b) their duty to ensure that any education provided by them for the child is special education shall thereupon cease.