Early learning and childcare: statutory guidance - July 2021

Enforcement of statutory obligations

213. Any concerns regarding whether an education authority is fulfilling its statutory obligations in relation to early learning and childcare should be pursued initially through discussions with the provider and education authority. Where concerns cannot be resolved in this way, parents can choose to seek to resolve these concerns through the local authority complaints process and, where necessary, the Scottish Public Service Ombudsman.

214. There are separate arrangements in place under the 2004 Act which seek to support the resolution of concerns about the additional support a child is receiving. However, any concerns should be discussed with the provider and education authority in the first instance. Further information and support for parents about how concerns can be resolved is provided by Enquire, a service funded by the Scottish Government to provide advice and information on additional support for learning.

215. The Scottish Ministers' default power under section 70 of the 1980 Act might apply where a person with an interest alleges a failure to discharge a statutory duty relating to early learning and childcare. Where Ministers are satisfied that there has been a relevant failure by the managers of a school or educational establishment the Scottish Ministers may order that the duty be carried out within a specified period. There are statutory timescales within which a matter being considered under section 70 must be dealt with^[40].

216. In general, the exercise of public functions can also be challenged in the courts by way of Judicial Review.