Tribunals (Scotland) Act 2014: Additional Support Needs Tribunals for Scotland consultation

Part 1: Background

1. The Tribunals (Scotland) Act 2014 (the 2014 Act) creates a new, simplified statutory framework for tribunals in Scotland, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions. The 2014 Act creates two new tribunals, the First-tier Tribunal for Scotland (First-tier Tribunal) and the Upper Tribunal for Scotland (Upper Tribunal), known collectively as the Scottish Tribunals.

2. The Additional Support Needs Tribunals for Scotland ( ASNTS) were established by the Education (Additional Support for Learning) (Scotland) Act 2004, in order to hear appeals ("references") against certain decisions of Education Authorities in relation to educational support. The Equality Act 2010 conferred additional functions upon the ASNTS, in order that the tribunals can hear appeals ("claims") against decisions/actions of an educational body where it is alleged they have discriminated on the basis of disability. The ASNTS is a "listed tribunal", by virtue of inclusion in Schedule 1 of the 2014 Act.

3. The functions and members of the ASNTS will transfer into the Scottish Tribunals system on 30 ^th November 2017, and become part of the Health and Education Chamber. The ASNTS as it presently stands will then be abolished.

4. Legal Aid will continue to be available for claims made under the Equality Act 2010 in the First-tier Tribunal Health and Education Chamber. This will be covered by other regulations not included in this consultation.

5. The draft regulations are attached at Annexes A, B, C and D.

6. The draft regulations in Annex A provide for:

• The transfer of functions of the ASNTS to the Scottish Tribunals;

• Transitional arrangements to regulate how cases pending, in progress and new cases will be dealt with;

• Consequential amendments and repeals required in light of the transfer of functions;

• The transfer of legal and ordinary members of the ASNTS to the Scottish Tribunals.

7. The draft regulations in Annex B set out the Rules of Procedure for the First-tier Tribunal Health and Education Chamber.

8. The draft regulations in Annex C set out the type and number of members who can hear cases in the First-tier Tribunal Health and Education Chamber.

9. The draft regulations in Annex D set out the eligibility criteria for membership of the First-tier Tribunal Health and Education Chamber.