If you or your family have made a school placing request that has been refused, this is a very anxious situation. In that event, you will benefit from seeking technical legal advice from a civil litigation solicitor experienced in this area as soon as possible, to advise you of your appeal prospects and deal with the framing of an Appeal to the Sheriff Court correctly. You should not delay as there are strict time limits applicable to appeals.
At Livingstone Brown Solicitors we appreciate that choosing the right school for your child is one of the most important decisions you will make for them. We can assist you in providing both clear legal advice and representation throughout the process at both the Committee and Sheriff Court Appeal stage. You have the right to challenge the Education Authority’s decision to refuse your child a place in your school of choice.
The ethos law governing this area, the Education (Scotland) Act 1980, is to prioritise parental choice. For the reason, the act has been dubbed the “Parents’ Charter”.
Education Authorities also have a duty to provide education directed to the development of your child’s personality, talents and physical abilities to their fullest potential. The child’s views must also be taken account of if they wish to express them.
The Education Authority is prohibited from refusing a placing request unless one or more of specific statutory grounds are present, and even if these exist, the Sheriff Court can override these considerations, focus on the unique needs of the particular child and direct that the child be offered a place at the school of choice.
With our expert legal advice, we can present your case as effectively as possible - we would explore the full context with you to present the strongest possible case. This could be based on a wide range of things such as your child having siblings in the school; logistical problems getting to the school, or health issues affecting the child or family.
You can also read our Guide "Matching your child to the best school for them after pandemic - Placing Requests and Appeals " - by clicking here.
At Livingstone Brown Solicitors, we have dealt with many cases where even though statutory grounds of refusal exist, we have successfully persuaded the courts to override objections of the Education Authority and favour parental choice.
We would emphasise that the law in this area is extremely complex. There are several key pieces of legislation that can be relied on. If you or your family have been involved in a placing request and need our help, please contact us urgently and we can offer legal advice tailored to your needs. Call us on 0141 429 8166 or get in touch via our online contact form.
Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.