The following is a guide to the legal procedures involved in Refusal of Placing Request Appeals.
Many of you, like me, will become parents. I’m sure I’m not speaking for myself when I say that ensuring my children receive the greatest education possible is one of the most important aspects of my work as a parent and a crucial component of my responsibility to guarantee their best interests are met at all times. However, for other parents, just having to send their children to a school that they know is not in their child’s best interests is a reality.
In Scotland, the council system establishes something called ‘Catchment Areas’ – this is basically a means for your local government to determine which primary or secondary school your child should attend based on your residence alone.
This time of year, many parents choose to intervene when their child’s ‘Catchment Area’ placement results in their child being placed in a school that they believe is not in their child’s best interests. These parents are submitting a Placing Request to a Council in order to have their child attend another school they believe is a better fit for their child.
The following list is intended to serve as a guide to the legal processes involved. These include the following:
- To begin, you must enrol your child in a school to acquire an education; this is required by law. This means that even if you do not want them to attend a particular school, you must enrol them there because it is your Catchment school.
- Next, if you wish for your child to attend a different school, you must consider submitting a Placing Request for the school of your choice, which requires you to specify which school.
- To file a Placing Request for another school, visit the council website for the catchment area of the school your kid wishes to attend. Once there, you’ll find an extremely simple online form to complete, which will be completed in a matter of clicks.
- The Council will then notify you whether your application was successful or denied.
- If you are successful, it is fantastic. Your child will be admitted to the school of your choice.
- If, however, your application is denied, you will get a letter from the Council outlining the reasons. Then you have two options: (A) Appeal the decision or (B) Resubmit the application as described previously. It is critical to understand that if you choose option B, which is to appeal, you are not permitted to file another application while your appeal is pending.
- If you wish to appeal the decision to deny your application, it is critical to understand that you have only 28 days to submit your Appeal to the relevant Council.
- Appeals forms are available on the majority of Council websites. This must be completed. Again, the majority of Councils allow you to submit your Appeal online by email.
- It is critical for you to understand that your Appeal must be pertinent, factually accurate, and always expressed in words that emphasise what is best for your son or daughter and their unique needs. The Appeal Committee will want to know about your son or daughter’s circumstances and why you are appealing.
After submitting, you must wait for a decision. Once you receive a ruling, your Appeal will either be allowed or denied. If granted, this is fantastic.
- However, if you are denied again, the clock begins ticking since you will only have 28 days to file another appeal, this time to your local Sheriff Court.
When you reach this point, the matter can get extremely complicated, which is why I want you to know that our team of solicitors is available to assist you. Simply contact one of our Education Law solicitors using the details below to arrange a free consultation. They’ll assist you in gaining a better understanding of the procedure and will advise you.