Transfer of the functions of Education Appeal Committees to the Scottish Tribunals: consultation analysis

1. Executive Summary

1.1 Background

This report provides a summary of the analysis of responses submitted during the consultation on whether the functions of Education Appeal Committees (“appeal committees”) should transfer from the auspices of local authorities to the Scottish Tribunals. The consultation opened on 14 November 2022 and closed on 6 February 2023. Following the collection of consultees’ responses, a mixed method approach was adopted to analyse the consultation findings. This ensured a comprehensive review of the qualitative and quantitative data. Please visit https://consult.gov.scot/learning-directorate/transfer-of-education-appeal-committees/consultation/published_select_respondent to view responses to the consultation where consent has been given to publish the response.

1.2 Responses Received

In total 75 responses were received as part of the consultation. Respondents were asked to self-identify either as individuals or as organisations.

• 30 respondents self-identified as an individual
• 45 respondents self-identified as an organisation.

Responses from organisations were assigned appropriate categories to allow for further analysis.

• Local authority and local authority representative bodies (30 responses)
• Legal profession or judiciary (four responses)
• Representative/advocacy bodies for children with additional support needs (eight responses)
• Representative/advocacy body for parents (one response)
• Representative body – education (one response)
• Ombudsman/Regulator (one response)

1.3 Summary of Responses

The following provides a summary of the key outcomes of the questions:

68% of respondents (51 responses) did not agree that appeal committees should transfer to the Scottish Tribunals. A minority of 17% (13 responses) did agree that appeal committees should transfer to Scottish Tribunals. 7% (5 responses) were not sure and 8% (6 consultees) did not provide an answer to this question.

57% of respondents (43 responses) agreed that appeal committees should remain under the auspices of local authorities but with improvements to how they operate. A minority of 27% (20 responses) did not agree, 8% (6 responses) were not sure and 8% (6 consultees) did not provide an answer to this question.

32% of respondents (24 responses) answered that no changes should be made to how appeal committees operate. A majority, 45% (34 responses), answered that changes should be made, 11% (8 responses) were not sure and 12% (9 consultees) did not provide an answer to this question.

Next steps

This report provides the analysis of the views expressed in the consultation. As a result of the responses received and the issues raised the Scottish Ministers will consider whether appeal committees should transfer to the Scottish Tribunals, and if not, what improvements could be made to the current system.