The education appeal committee hears and decides the outcome of appeals made by parents or young people on matters related to: 

• exclusion from school 
• certain placing request refusals that can't be dealt with by the First Tier Tribunal.
   

What is the education appeal committee?  

The committee is a panel of people who make decisions on certain educational matters when there is a disagreement between a parent and their child's school or local authority. 

They look at the information that parents and the authority provide and decide how the disagreement might be settled. 

The education appeal committee is set up and maintained by the local authority.
 

Appealing to the committee: when and how 

When can an appeal to the committee be made? 

If you have any concerns about your child's educational needs, discuss them with their school and, if necessary, the local authority. If they can’t address your concerns, you may be able to appeal to the committee. 

The committee can look at possible grounds for disagreement between you and your child's school or local authority. This could be that your child has been excluded from school. Alternatively, you may have had a placing request for a mainstream school refused and: 

• your child does not have a co-ordinated support plan (CSP)  
• the authority is not in the process of preparing a CSP for your child or determining whether your child needs one.  

How do I make an appeal to the committee? 

If you make an appeal, this is the process: 

• You write to your local authority telling them you wish to make an appeal.  
• The education appeal panel acknowledges your appeal and writes to you with details of the hearing. 
• The hearing takes place. 
• The panel makes a decision and lets you and the authority know what it is.  

The appeal process will take several weeks. There is more information about each stage of the process below and relevant timeframes. 

Writing to the local authority 

You must send a letter to your local authority telling them that you wish to appeal its decision to refuse your placing request or exclude your child from school. 

This should include: 

• your name and address 
• your child's name and address 
• details of your disagreement and the local authority concerned 
• your views on the issue 
• a copy of any letter(s) you received from the authority that led to the disagreement, such as a letter telling you that your child has been excluded or that your placing request had been turned down  
• copies of any other documents or information that will help to put your views across. 

You can send all the information you want the panel to look at in the same letter or if you need more time you can send off basic details and then forward the rest of your supporting information at a later date. You must make sure that all your information is with the committee at least 10 days before the date of your hearing. 

Our Education Rights Service can help with preparing your appeal letter. 

Is there a deadline for appealing? 

You have 28 days after your placing request has been refused to send your appeal letter to your local authority. This starts from the date you received the refusal letter.  

There is no deadline for appealing an exclusion, but you may want to send your appeal letter as soon as possible to try and get the matter resolved quickly.   

You can contact your local authority directly for more details on deadlines and what to do if you have missed one.   

There are also important timescales once the appeal process has begun. 

What happens to my appeal? 

When the education appeal committee receives your appeal, they will: 

• send you an acknowledgement and let the authority know within five working days 
• let you and the authority know of the hearing date, time and place within two weeks. 

They will also advise you of your right to: 

• represent yourself at the hearing or have someone else represent you 
• take people to the hearing with you, such as a representative or supporter 
• send a written statement in support of your appeal. 

A clerk will normally liaise with you and the authority about your appeal and the hearing. They can answer any questions you have. 

You may have already have sent the committee all the information in support of your appeal with your appeal letter. If you are preparing a written statement of your case or providing more evidence, you must make sure that it is with the committee at least 10 days before the hearing. 

Will the local authority be able to present its views? 

The local authority will send a copy of its decision relating to your appeal and any other relevant information about your disagreement to the education appeal committee. It must do this 10 days before the hearing. 

Who will the committee panel be? 

The education appeal committee is made up of three, five or seven people who have been appointed by the local authority, this will include a chairperson. The panel members will normally include local councillors and parents. It won’t include anyone who has been involved in the matter or school concerned. 

What will happen at the hearing? 

At the hearing you will be given the chance to put your views across, call witnesses, ask the authority's witnesses questions and address the committee panel. 

The hearing will take place within 28 days of the date the education appeal committee receives your appeal. 

Before the hearing the clerk may ask you to give details of people you will be bringing to the hearing with you. This could be: 

• someone to support you, such as a friend, relative, befriender or professional. These people are not usually able to take part in the hearing 
• a representative or advocate who will conduct the hearing on your behalf  
• witnesses to give evidence to support your case. 

Most hearings last a half or full day, although some can go on for longer, depending on the nature and complexity of the appeal. The hearing will normally take place in at a local authority venue within the authority area.
 

About the committee's decision and the appeal process 

How will the committee reach a decision? 

The education appeal committee panel will look at the information you and the authority have provided and any other factors presented at the hearing. 

Once the committee reaches a decision, they will write to you and the authority. You should receive details of the decision within two weeks of the hearing. If the committee reaches a decision on the day of the hearing, they may tell you and the authority what it is.  

If your local authority excluded your child the committee may agree with its decision. They may also change the conditions for re-admitting your child to school. 

Alternatively, the committee may overturn the exclusion. If this happens your child can return to school (if they haven't already). The time your child was absent from school as a result of the exclusion will be recorded as an ‘authorised absence’ and details of it cannot be disclosed to other agencies.  

If you appealed against an authority's decision to turn down your placing request, the committee can agree with the refusal or they can overturn it and tell the authority to place your child at your preferred choice of school. 
 

What happens if I disagree with the committee's decision? 

If you appealed against an authority's decision to turn down your placing request, you can't do so again for another year. 

For both placing request and exclusion appeals you have 28 days from the date of the committee's decision to appeal to the Sheriff Court. 

If the education appeal committee agreed with the local authority’s decision to refuse your placing request you can appeal to the First Tier Tribunal for Scotland Health and Education Chamber (formerly the Additional Support Needs Tribunal for Scotland) if it's within 28 days of the committee’s decision. Read more about Co-ordinated Support Plans and the First Tier Tribunal for Scotland Health and Education Chamber.
 

What happens if the authority doesn't follow the committee's decision? 

The local authority must follow the committee's decision. If it doesn’t, you can contact the panel members directly and/or make a complaint to the Scottish Ministers. 
 

Further help from our charity 

Our Education Rights Service can provide information, support and advice on educational provision and entitlements for autistic children and young autistic people.
 

Useful reading 

Supporting children's learning: code of practice. Scottish Government (2017). 

Included, engaged and involved part 2: a positive approach to managing and preventing school exclusions. Scottish Government (2017) 

Autism toolbox. A resource for Scottish schools. Scottish Government.