Letter from the Cabinet Secretary for Education and Skills regarding Subordinate Legislation
I am writing in relation to The Education (Miscellaneous Amendments) (Coronavirus) (Scotland) (No.2) Regulations 2021 (“the Regulations”), which are being laid in Parliament today. These Regulations amend the process and deadlines that apply to placing requests and exclusion appeals which are set out in regulations made under the Education (Scotland) Act 1980 and the Education (Additional Support for Learning) (Scotland) Act 2004.
The Regulations remove some of the amendments made by the Education (Miscellaneous Amendments) (Coronavirus) (Scotland) Regulations 2021. The 2021 Regulations included some extensions to the timeframes education authorities have to process placing requests and appeals, including exclusions appeals, and enabled appeal hearings to be held remotely.
At the time that the 2021 Regulations were introduced, the Deputy First Minister placed on the record that these measures were not expressly time limited and that a review of the changes made would take place to consider whether the progress of the pandemic would warrant further changes to the regulations governing this process.
Consequently, the measures introduced by the 2021 Regulations have now been reviewed, to consider whether these measures can be reversed. Since the impacts that have arisen from the coronavirus pandemic have eased, I have concluded that it is necessary to remove the increased time periods that were put in place by the 2021 Regulations. However, the ability to hold appeal hearings by remote means and to determine appeals by way of written representations where all parties agree, remains in place in light of the current situation and potential for further disruption.
The intention is that these new timescales will apply from 28 February 2022. These amendments, and the retention of the remote hearings provisions, seek to balance the rights of parents and children alongside the potentially restricted capacity of education authorities and the requirement to operate remote hearings, given the continuing and potential pressures arising from the coronavirus pandemic.
I will review the position on remote hearings again in the autumn of 2022, to consider whether the current or anticipated severity of the virus warrants any further changes at that point. Although the timescales have now been brought back in line with those that were in place before the pandemic to reflect the current situation, I am also mindful that any significant deterioration in the future may require these to be considered again.
I hope this is helpful, and would be happy to provide any further information to the Committee.