When it proposes to introduce legislation to amend the Standards in Scotland's Schools etc. Act 2000 in order to establish an appeals proce…

Where a placing request is refused on the grounds that places are to be reserved in the specified school for families who move into the catchment area after the beginning of the school year, parents may use the existing appeals process under section 28C of the Education (Scotland) Act 1980. Amendment of the Standards in Scotland's Schools etc. Act 2000 is not, therefore, required.It has, however, recently come to light that there may be an omission in earlier legislation following the introduction by the Education (Scotland) Act 1996 of an additional ground for refusal of a placing request at section 28A(3A); that is, to allow the reservation of places in the school for pupils likely to move into the catchment area. Under section 28C of the 1980 act, a parent may appeal against an authority's decision to refuse their placing request, in the first instance to an appeal committee (under section 28E) and then to a sheriff (under section 28F). Under sections 28E and 28F, appeal committees and sheriffs have the power to confirm an authority's decision to refuse a placing request on one of the grounds specified in section 28A(3) of the 1980 act. Otherwise, they must reject the authority's decision and require them to place the child in accordance with the placing request. No mention is made in those sections of the ground for refusal introduced in at section 28A(3A) by the 1996 act.A sheriff in Aberdeen recently took the view that, where the sole ground for refusal was section 28A(3A) of the 1980 act, he could not consider that ground in deciding whether to confirm the education authority's decision. He indicated that, as he could not confirm the decision on that ground, he believed he had no option but to reject the authority's refusal of the placing request on that ground and require them to place the child in accordance with the placing request.The Scottish Executive will be taking the first appropriate legislative opportunity to address this issue.