Children's hearings training resource manual: volume 1

2 Failure to Provide Education for Excluded Pupil (s 127)

During the course of a hearing, where it appears to a children's hearing that an education authority has a duty to provide education for a child

• to whom the hearing relates and
• who is excluded from school

but the education authority is failing to comply with this; the children's hearing may require the National Convener to refer the matter to Scottish Ministers.

If a requirement is made the National Convener must make a referral to Scottish Ministers and also give a copy of the referral to both the education authority and the principal reporter.