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Legal Rights Checklist — Scotland
Legal Rights Checklist — Scotland
Your key rights under the Additional Support for Learning Act 2004. Use this as a reference — tick what you have already done and note what still needs to happen.
This is a plain English summary only. For legal advice, contact your IASS service, a SEND solicitor, or a specialist charity.
🏫 School must
Identify and assess children with SEND as early as possible
Provide SEN Support without a CSP if a child needs it
Have a SENCO (Special Educational Needs Co-ordinator)
Involve parents in decisions about their child's support
Make reasonable adjustments for children with disabilities
Not exclude a child for behaviour related to their SEND
Implement the provision set out in a CSP
🏛️ The Local Authority must
Consider any request for a Co-ordinated Support Plan assessment
Respond to a CSP request within 6 weeks
Complete the CSP process within 20 weeks
Send you a draft CSP and give you 15 days to comment
Name your preferred school in the CSP unless it would be unsuitable
Review the CSP annually
Carry out a transition review at Year 9 (age 13-14)
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Legal Rights Checklist — Scotlandawareverse.co.uk
✊ Your rights as a parent
Request a Co-ordinated Support Plan assessment at any time
Request a personal budget for your child's support
Be involved in all reviews and meetings about your child
Bring a supporter or advocate to any meeting
Appeal to Additional Support Needs Tribunal Scotland (ANSTS) if you disagree with a Local Authority decision
Request mediation before or instead of tribunal
Make a complaint to the Local Government Ombudsman if the Local Authority fails its duties
Make a Subject Access Request for all records about your child
Choose to home educate and deregister from school
📝 My current situation
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Legal Rights Checklist — Scotlandawareverse.co.uk
⚖️ If things go wrong
If the Local Authority or school fails its duties, you have options. Start with a formal complaint, then escalate if needed.
Step 1 — Formal complaint to school or Local Authority
Put your complaint in writing. Keep copies. They must respond within a set timeframe.
Step 2 — Appeal to Additional Support Needs Tribunal Scotland (ANSTS)
For decisions about CSP assessment, the plan itself, or school placement. You usually need to attempt mediation first.
Step 3 — Local Government and Social Care Ombudsman
If the Local Authority has not followed process correctly. Free to use.
Step 4 — Judicial Review
For serious failures of public law. Requires a solicitor. As a last resort only.
Contact your local IASS (Information, Advice and Support Service) — free, independent advice for parents in Scotland.
📞 My key contacts
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Legal Rights Checklist — Scotlandawareverse.co.uk
Need more in-depth support?
This free tool is a starting point. Our guides go much deeper — written in plain English from lived experience.
A free quick tool gives you the basics. A proper guide gives you the knowledge to advocate confidently.
📋
EHCP Support Guide
Understanding the process, your rights, and how to challenge decisions.
⚖️
Going to SEND Tribunal
What to expect, how to prepare, and what your rights are.
🏫
SEN Support Without a Plan
What schools must provide and how to get it.
📣
Advocating Without Burning Out
How to keep fighting for your child without losing yourself.
All Awareverse guides are written from lived experience — plain English, no jargon, no gatekeeping.