Creating a fairer Britain
Response and additional submission to the Scottish Government consultation on secondary legislation that will enable the Additional Support Needs Tribunals for Scotland (ASNTS) to hear disability claims cases in school education :
The Commission has always supported extending the powers of the Additional Support Needs Tribunal Scotland (ASNTS) to hear disability discrimination, harassment and victimisation claims in relation to the provision of school education. Therefore we welcomed the opportunity to respond to the Scottish Government’s consultation on the introduction of secondary legislation to enable the Tribunal to hear disability claims.
The Commission also provided an additional submission because we are of the view that the Government should grasp this opportunity to:
• Provide children, with the capacity to do so, with the legal right to bring an ASL case to the Tribunal
• Provide access to legal aid in both ASL and disability cases
• Ensure the Tribunal rules enable it to hear disability cases that are transferred from the Sherriff Court, in particular cases concerned with the actions of General Qualification Bodies
In this submission, the Commission emphasises that equalities and Additional Support for Learning (ASL) education legislation co-exist and should enhance the rights provided to children and the most vulnerable in our society. The extension of the powers of the Tribunal offers the Scottish Government an important opportunity to ensure that education legislation is compatible with the Scottish Government’s international human rights obligations. In particular, providing children with the right to bring ASL cases to the ASNTS demonstrates legislative compliance with the principles of the UN Convention of the Rights of the Child. It also demonstrates that the Government has taken all necessary steps to ensure protections for children with disabilities are effectively implemented.
The Commission response is now available for download, as well as our additional comments.