Education (Scotland) Act 1980 Section 70 guidance document: analysis of consultation responses

Before making a reference under section 70

Question 2: Is the information sufficient clear?

15. Many of those who responded to this question indicated that they felt the information provided was sufficiently clear and provided no further comment. One comment asked for clarity on whether there is an expectation that local dispute resolution has been explored in the first instance.

16. Of the responses that indicated the information in this section was not sufficiently clear, one asked for it to be presented in a different way, such as a flowchart or table, another asked for more information to be included on how a complainer can access support from an advocate, another comment raised concern about the information on other dispute resolution mechanisms only relating to additional support for learning. A final comment asked for it to be made clear that a section 70 complaint could only be made when the local complaints procedure has been completed.

17. In response to the comment about completing local complaints procedures before making a complaint under section 70, there is no legal requirement for this to have taken place and the guidance therefore cannot make this clear. Information on other complaints mechanisms is provided in a later section and it was felt that presenting the information in the form of a table would have been unclear. Information is provided in this section about sources of support, such as Let's Talk ASN and Enquire. It was felt that these organisations are best placed to signpost individuals to advocacy support and information on advocacy has not been included in the guidance.