FOI Request Mediation in Education
In terms of the Education (additional support for learning) (Scotland) Act 2004 (the said act), as a local education authority, under section 15 (1), your authority is obliged to make arrangements for the provision of independent mediation services for the purposes of seeking to avoid or resolve disagreements between the authority and (a) parents of children belonging to the area of the authority (b) young persons belonging to that area, or (c) in relation to any such young persons who lack capacity to express a view or make a decision for those purposes, their parents, concerning the exercise by the authority of their functions under this Act in relation to such children or young persons.
In terms of the same Act, section 26 (1) provides that your authority as education authority must publish information with respect to matters specified in section 26 (2) (e) namely information about ‘the mediation services provided in pursuance of section 15 (1), and section 26 (2) (f) the officer or officers of the authority from whom-(i) parents of children having additional support needs, and (ii) young persons having such needs, can obtain advice and information about provision for such needs.
In terms of the Freedom of Information (Scotland) Act 2002, I make the following requests for information in your hands: -
(One) copies of any documents published by your local authority qua education authority confirming it’s arrangements to provide independent mediation services under section 15 of the said act, and identifying the independent organisations who provide those services.
(Two) copies of any documents published by your local authority qua education authority which identify the officer or officers of your authority per the terms of section 26 (2) (e); 26 (2) (f) (i) (ii) of the said act.
(Three) information that would identify how many requests for mediation have been made under the said act to your authority in each year from 2005 until 2017; showing mediation requests per year and identifying into which year they fall.
(Four) information that which sure how many mediations have taken place in terms of the said act arising from referrals in your authority in each year from 2005 until 2017.
(Five) information showing how many of these cases that have gone to mediation in your local authority area, have resolved by agreement through the intervention of mediation, without going to The Additional Support Needs Scotland Tribunal (ASNTS), in each year from 2005 to 2017.
(Six) information showing how many of the cases that went to mediation in your local authority area, did not have resolution through mediation, and went on to the (ASNTS) tribunal, in each year from 2005 to 2017.
(Seven) information showing how many of the cases that went to mediation in your local authority area, and did not result in resolution through mediation, which did not then go to the (ASNTS) tribunal, in each year from 2005 to 2017.
1. Please find pamphlet HERE
2. Pease find pamphlet HERE
3-7. Comment from Inclusion Manager for Education and Social Care: "We do not routinely record information about mediation. However, after asking Moray Head Teachers about this within their tenure, there has been one request for mediation during 2016-17 which is currently on-going. I am unable to identify other information. There have been none going to Tribunal that I can identify."