3 minute read
Can you choose a school
Choosing a school for your child is one of the most important decisions that parents and carers make. In Scotland, children attending mainstream schools are assigned places at their catchment area schools, but for a variety of reasons, parents may wish for their children to be educated at schools other than their catchment school.
As a parent, you have a right to request this, but you will need to make something known as a ‘placing request’ to the education authority in which their chosen school is located. The relevant local authority website will usually have details of their processes and timescales. The deadlines for placing requests will vary depending on the timescales set by the local authority concerned and this information will be available online. Generally a placing request is normally made shortly after a child is registered for their catchment school, sometime between December and February many months before the new school year starts. Where primary aged children are concerned, it is important that you register the child for their catchment school before making the placing request. While you have the right to ask for your child to be educated in a different school, the reality is that the pressure on education authority resources is always increasing. Practically speaking, space often can’t be found at the most popular state schools for every child that might wish to be educated there. Therefore the education authority has certain exemptions which allow the refusal of the placing request in certain circumstances. These exemptions are known as statutory grounds of refusal. It is the responsibility of the education authority to prove that that particular exemption exists. Once a placing request is made, the local authority will consider it and issue their decision to the parents. If the placing request is refused, the letter will confirm why. It is at that stage that an appeal can be made. You would normally have 28 days to appeal that decision to the education appeal committee of your education authority. The letter of appeal is called the ‘reference’ to the appeal committee. The appeal committee must grant you an appeal unless there is a ground for refusal and it is appropriate in all the circumstances to refuse your appeal. It is up to the council to provide enough evidence to prove these points. You have the right to appear or be represented at the appeal committee hearing. The appeal can be decided on the paperwork alone, but we would recommend that you attend the hearing. Once the hearing is concluded, the decision may be delivered at the end of the hearing or the appeal committee hearing may require further time to consider matters and they will advise you of the outcome in writing later. A parent who has made an unsuccessful reference to the appeal committee may then appeal to the Sheriff Court. You must lodge an appeal within 28 days of the decision. At this stage, if not before, your case will benefit from clear, practical legal advice.
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At Gibson Kerr, our education law solicitors are here to help you understand the process and how best to present your case. So if you need advice, please don’t hesitate to contact our Family Law Partner,
www.gibsonkerr.co.uk
You can’t choose their future career. But you have the right to choose their school.
In Scotland, children are automatically offered a place at the school in their catchment area. However, as a parent, you may have reasons for wanting them to attend another school. And you have the right to ask for a place at a school of your choice. At Gibson Kerr, our solicitors have experience in educational law cases and can guide you through the appeal process, helping you give them the best start you can, whatever their future plans. If you want to learn more about making a request on behalf of your child, or any other aspect of educational law, including appealing disciplinary decisions from universities, get in touch for a chat with our Family Law
