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

Part 3: Draft Regulations Setting out the Rules of Procedure for the First-Tier Tribunal for Scotland Health and Education Chamber

Background

20. Schedule 9, paragraph 2(2) and section 81 of the 2014 Act provides the power for the Scottish Ministers to make regulations for the procedural rules of a listed tribunal that are in force immediately before the transfer to have effect for the purposes of either or both the First-tier Tribunal and the Upper Tribunal.

Draft Regulations

21. As the ASNTS already has comprehensive procedural rules in place these have been replicated where possible in the draft Health and Education Chamber Rules in Annex B. There are three main areas where the draft Rules differ from the existing rules of procedure to ensure consistency within the Scottish Tribunals.

22. Firstly, the current review provision will be amended to allow the First-tier Tribunal to, on its own initiative as well as on the application of a party, review a decision. Parties will only have 14 days to ask for a review of a decision as opposed to a month currently. The review procedure will not extend the 30 days that parties have to seek permission to appeal a decision. Parties will now need to seek permission to appeal a decision to the Upper Tribunal from the First-tier Tribunal within 30 days of the decision being sent to the parties. If this is not granted they have a right of appeal within 30 days to the Upper Tribunal. The aim is for these time limits to strike the right balance between access to justice and a more streamlined appeals process. Our aim is to give users a quicker route through the review and appeal process overall.

23. Secondly, there are revised provisions allowing a party to be accompanied by a supporter as well as or instead of a legal representative. The supporter may assist a party and provide moral support if required.

24. Thirdly, there is an amendment to the rules that allows for a legal member sitting alone to decide whether a child over the age of 12 has capacity to exercise their rights under the Education (Additional Support for Learning) (Scotland) Act 2004 on their own behalf.

QUESTIONS ON THE FIRST-TIER HEALTH AND EDUCATION CHAMBER RULES OF PROCEDURE

Q1: Do you have any comments on the draft regulations on the First-tier Health and Education Chamber Rules of Procedure?

Q2: Do you have any comments on the revised provisions regarding review of decisions and allowing parties to be accompanied by a supporter?

Q3: Do you have any comments on the amendments allowing a legal member to sit alone in certain circumstances?

Q4: Do you have any other comments you wish to make?