The Education (School and Placing Information) (Scotland) Regulations 2012

GENERAL

Citation and commencement

1.  These Regulations may be cited as the Education (School and Placing Information) (Scotland) Regulations 2012 and come into force on 8th December 2012.

Interpretation

2.  In these Regulations, unless the context otherwise requires—

“the 1980 Act” means the Education (Scotland) Act 1980;

“the 2004 Act” means the Education (Additional Support for Learning) (Scotland) Act 2004(1);

“authority” means an education authority;

“basic information” means information of the kinds specified in Part I of Schedule 1;

“delineated area” in relation to a school, means that part of the area of an authority from which pupils resident therein will be admitted to the school in terms of a priority based on residence, in accordance with any guidelines formulated by the authority under section 28B(1)(c) (information as to placing in schools and other matters) of the 1980 Act;

“information” means information of the kinds specified in a Schedule to these Regulations and information as to a matter mentioned in section 28B(1)(a)(iii) of the 1980 Act;

“placing arrangements” means an authority’s arrangements for the placing of children in schools under their management;

“placing request” means a request made in accordance with section 28A(1) (duty to comply with parents requests as to schools) of the 1980 Act or, in the case of a child having additional support needs, paragraph 2(1) and (2) (duty to comply with placing requests) of schedule 2 (children and young persons with additional support needs: placing requests) to the 2004 Act(2);

“school” in relation to an authority, means a school under their management;

“school commencement date” means a school commencement date for the time being fixed by an authority in accordance with section 32 (dates for commencement of school attendance) of the 1980 Act;

“school information” means information of the kinds specified in Part II of Schedule 1;

“school year” means a period of 12 months commencing on 1st August of a year;

“supplementary information” means information of the kinds specified in Part III of Schedule 1;

“working day” means in relation to an office of an authority, school or public library, a day on which the office, school or public library is open for business purposes;

“working hours” means in relation to an office of an authority, school or public library, the hours during which the office, school or public library is open for business purposes.

Application of these Regulations to young persons and others

3.—(1) These Regulations apply to a young person and a young person having additional support needs in accordance with paragraph (2).

(2) A provision of these Regulations applying—

(a)to a child, applies to a young person who is a pupil in attendance at school, as it applies to the child;

(b)to a child with additional support needs, applies to a young person with additional support needs as it applies to the child;

(c)to the parent of a child, applies—

(i)in the case of a young person with additional support needs who an authority are satisfied is not capable of expressing that young person’s views, to the parent of that young person as it applies to the parent of a child; and

(ii)in the case of any other young person, to the young person as it applies to the parent of a child.

Kinds of information to be published, supplied or made available by an authority

4.  The kinds of information to be published, supplied or otherwise made available to parents by an authority under section 28B of the 1980 Act are—

(a)basic information;

(b)school information;

(c)supplementary information; and

(d)the information specified in Schedule 2 (kinds of information prescribed in relation to placing requests).

PROVISIONS FOR PUBLICATION OF, OR MAKING AVAILABLE BASIC, SCHOOL AND SUPPLEMENTARY INFORMATION

The duties and powers of an authority to supply certain basic information to certain parents

5.—(1) Subject to the provisions of these Regulations, an authority must in the case of any duty to do so, or may, in the case of any power, supply basic information to a parent to whom this regulation applies, on receiving a request from the parent.

(2) This regulation applies to a parent—

(a)of a child resident in the area of the authority to whom a request for basic information under paragraph (1) is made;

(b)of a child known to an authority to be proposing to reside in their area; or

(c)known to an authority to be considering the making of a placing request in respect of the parent’s child in respect of a school under their management.

(3) Paragraphs (4) to (9) apply where a request for basic information is made by a parent under paragraph (1).

(4) An authority must supply basic information of the kinds specified in Schedule 1 Part I paragraph 1(a) to the parent where the information relates to the schools specified in paragraph (6).

(5) Where that basic information relates to a school other than one specified in paragraph (6) the authority—

(a)must supply that basic information to the parent making the request if they are satisfied that the parent making the request has a reasonable need for the information; and

(b)otherwise, may supply that basic information to that parent.

(6) The schools specified for the purpose of paragraphs (4) and (5) are those in which the authority, having regard to the factors specified in paragraph (7), think the parent making the request is likely to wish to have that parent’s child placed.

(7) Those factors are —

(a)the age of the child;

(b)the normal or prospective place of residence of the child;

(c)any additional support needs of the child; and

(d)any affiliation of the parent to a particular religious denomination.

(8) An authority—

(a)must supply basic information of the kinds specified in Schedule 1 Part I paragraph 1(c) to the parent making the request if the requesting parent’s child has not commenced school attendance; and

(b)may supply that basic information to that parent if the parent’s child has commenced school attendance.

(9) An authority must supply basic information of the kinds specified in Schedule 1 Part I paragraphs 1(b) and (d) to (h) to a parent making a request under paragraph (1).

Duty to make basic information available at certain places

6.—(1) Subject to paragraph (3), an authority must make basic information available to a parent requesting it for reference, at—

(a)a head office or local office of the authority’s education department;

(b)a public library within the area of the authority; and

(c)a school.

(2) Basic information made available under paragraph (1) is to be made available during working hours on a working day of the office, public library or school.

(3) Where basic information of the kinds specified in Schedule 1 Part I paragraph 1(a) is made available under paragraph (1) at a public library or school, it may be limited to basic information of that kind relating to schools in that part of the area of the authority in which the public library or school is situated.

Form in which basic information to be supplied and made available

7.—(1) This regulation applies to basic information supplied or made available under regulations 5 and 6.

(2) That basic information must be in writing and supplied or made available free of charge and along with such other information as an authority think fit.

(3) An authority may supply or make available that basic information separately for primary, secondary or special schools or to schools in different parts of their area.

(4) If, however, an authority supply or make available that basic information relating only to part of their area or to certain schools, the information must be accompanied by—

(a)a statement by the authority that similar basic information is available in relation to other parts of their area or to other schools; and

(b)one or more addresses, telephone numbers and email addresses where an enquiry relating to that similar basic information may be made.

Duty to supply or make school information available to certain persons at certain places

8.—(1) Where an authority are required by section 28B(1)(b)(i) of the 1980 Act to inform a parent of the particular school in which the authority propose to place the parent’s child, the authority—

(a)must supply school information for that school in accordance with regulations 16 and 17; and

(b)may supply such other information to the parent as they think fit.

(2) Where any other parent makes a request to an authority for school information relating to a school, the authority—

(a)must supply that information; and

(b)may supply such other information as they think fit.

(3) Information supplied under paragraphs (1) or (2) must be supplied free of charge.

(4) An authority must make available school information for a school during working hours on a working day at the school for reference, free of charge, by—

(a)a parent; or

(b)a pupil over school age in attendance at the school,

who requests it.

(5) In carrying out the duty imposed by paragraph (4), an authority may supply or make available such other information as they think fit.

Form in which school information to be published, supplied or otherwise made available

9.—(1) School information required to be supplied or made available in accordance with regulation 8 must be so supplied or made available in writing in the form of a document to be known as the School Handbook.

(2) In carrying out the duty imposed by paragraph (1), an authority must publish the School Handbook on a website which the authority uses for the purpose of giving information to the public.

(3) Where a parent makes a request to an authority for the School Handbook to be provided—

(a)in a particular form of writing, including in a language other than English; or

(b)in a form other than in writing,

the authority must, if they consider it reasonable to do so, provide the handbook to the parent in that form.

Duty to make supplementary information available to certain parents

10.—(1) Subject to the provisions of regulation 11, on receiving a request from a parent to whom this regulation applies, an authority—

(a)must make available the supplementary information requested by the parent; and

(b)may make available such other information as they think fit.

(2) This regulation applies to—

(a)a parent of a child resident in the area of the authority or known to them to be proposing to reside in that area; and

(b)a parent known to the authority to be considering the making of a placing request in respect of the parent’s child for a school under their management.

(3) Information provided under paragraph (1) must be provided free of charge.

Form in which certain supplementary information is to be made available at certain places

11.—(1) The delineated area for a school must be shown on a map and made available by an authority for reference—

(a)at the school; and

(b)at—

(i)the head office of the education department of the authority; or

(ii)a local office of that department situated in that part of the area of the authority in which the school is situated; and

(c)during working hours on a working day for that school or office.

(2) Subject to the conditions in paragraph (3), an authority may make available orally—

(a)supplementary information of the kinds specified in paragraph 13(f) to (j) of Part III of Schedule 1; and

(b)supplementary information of the kinds specified in paragraph 13(b) to (e) and (k) to (x) of Part III of Schedule 1.

(3) Those conditions are that the authority must, as soon as practicable thereafter, confirm in writing—

(a)the information mentioned in paragraph (2)(a); and

(b)the information mentioned in paragraph (2)(b), to the extent that the person to whom the information has been made available has requested confirmation in writing.

(4) Subject to the provisions of this regulation, supplementary information required to be made available by an authority under regulation 10 must be made available in such manner and at such places as the authority consider appropriate.

(5) Supplementary information relating to a school must be made available at the school.

Duty to review and revise basic and school information

12.—(1) This regulation applies to a document in so far as it contains basic or school information which requires to be published, made available or supplied under these Regulations.

(2) Subject to paragraph (3), an authority must—

(a)review that document annually; and

(b)revise it as they consider necessary.

(3) A document which contains school information must—

(a)to the extent that it contains school information, be reviewed and revised by 8th December in each calendar year;

(b)state the school year to which the information contained in it relates or refers; and

(c)contain a statement that although the information is believed to be correct for that year at a date specified in the document, it is possible that there may be changes affecting a matter dealt with in the document—

(i)before the commencement or during the course of the school year in question; or

(ii)for subsequent school years.

(4) By 8th December in each calendar year, an authority must notify a parent of a pupil in attendance at a school of the following—

(a)that the School Handbook containing revised school information for the school which the pupil attends will be available from, and including 15th December in that year;

(b)that a copy of that handbook will be available or may be referred to—

(i)at the school during working hours on a working day upon request to the school; and

(ii)on a website; and

(c)the address of the website which must be a website which the authority uses for the purpose of giving information to the public.

(5) If the area of an authority contains a Gaelic speaking area the authority must, if they consider it necessary, ensure that basic information and school information for a school in that area is made available, published or supplied in accordance with these Regulations in that Gaelic speaking area, in the Gaelic language as well as in the English language.

(6) If the area of an authority contains a part where a language other than English or Gaelic is widely used the authority must, if they consider it necessary, ensure that basic information and school information for the schools in that area is made available, published or supplied in accordance with these Regulations in that part in that language, as well as in the English language.

Duty to review and revise supplementary information

13.—(1) An authority must take all reasonable steps to ensure that supplementary information which they are required to publish, otherwise make available or supply in accordance with section 28B(1)(a) and (d) of the 1980 Act and these Regulations is kept up to date so far as possible.

(2) If it appears necessary to an authority so to do, the authority may make such supplementary information available in a language other than English to a parent requesting it.

Supply of basic information

14.  Nothing in regulations 5 or 12 will require an authority to supply the same basic information to the same person on more than one occasion in a school year.

PROVISIONS AS TO INFORMATION ABOUT PLACING REQUESTS

Advertisement

15.—(1) For the purposes of their consideration of placing requests, an authority must, as respects each school year commencing with school year 2013/14, place in a newspaper circulating at least weekly in their area an advertisement stating the matters specified in paragraph (4).

(2) An advertisement relating to the consideration of placing requests made in respect of pupils due to commence attendance at school in a school year must be placed not later than 6 months before each school commencement date fixed by an authority for that school year.

(3) An advertisement relating to the consideration of placing requests made in respect of pupils transferring from one stage of school education to another stage in a school year must be placed not later than 6 months before each transfer date fixed by an authority for that school year.

(4) The matters to be stated in an advertisement are—

(a)a date, being a date not less than 4 weeks after the date on which the advertisement first appears, by which an authority wish to receive placing requests with respect to their schools in relation to the commencement date or transfer date stated in the advertisement;

(b)one or more addresses, telephone numbers and email addresses to which a parent may apply for information relating to those schools and the authority’s placing arrangements;

(c)that information about those schools and those placing arrangements is available for reference purposes as specified in the advertisement;

(d)that school information for a school is available at the school; and

(e)such other information as the authority think fit.

(5) In this regulation “transfer date” means a date fixed by an authority as a date upon which the transfer of pupils from one stage of school education and their admission to a subsequent stage of school education will take place for a school year.

Notification of right to make a placing request in respect of certain children

16.—(1) This regulation applies where an authority are required by section 28B(1)(b), as read with section 28B(4), of the 1980 Act, to inform a parent—

(a)of the general effect of section 28A(1) and (2) of the 1980 Act;

(b)of the parent’s right to make a placing request; and

(c)as the case may be, to inform the parent of the school in which the authority propose to place the parent’s child.

(2) Where this regulation applies, the authority must inform the parent by notification in writing.

(3) The notification must include the following —

(a)subject to paragraph (6), the date by which the authority wish to be informed of whether the parent proposes to make a placing request in respect of the parent’s child, being a date not less than 4 weeks after the date of the notification;

(b)school information for the school referred to in paragraph (1)(c);

(c)a statement of where information in respect of the authority’s other schools and their placing arrangements in those schools is available for reference and where it will be supplied to the parent on request; and

(d)the address, telephone number and email address where the authority may be contacted in connection with the notification.

(4) A parent to be informed under paragraph (1) includes a parent whose child is, in accordance with arrangements made by the authority and for the time being in operation—

(a)due to commence attendance at a primary school;

(b)due to transfer from the stage of primary education to the stage of secondary education at the commencement of that stage of secondary education; or

(c)due to transfer from a school to another school at any time during the course of the stage of primary or secondary education.

(5) Subject to paragraph (6), the notification referred to in paragraph (2) must be given at least 6 months before the school commencement date on which the child is due to commence attendance or, as the case may be, before the date on which the child is due to transfer as mentioned in paragraph (4)(b) or (c).

(6) Where an authority do not know that a child of a parent to whom paragraph (4)(c) applies is due to transfer, in time to enable them to comply with the provisions of paragraph (5), the authority must—

(a)give notification under paragraph (2) as soon as practicable and in advance of the date of the transfer; and

(b)state in the notification the date that the authority consider appropriate as the date by which they wish to be informed of whether the parent proposes to make a placing request in respect of the parent’s child.

(7) Nothing in this regulation applies in respect of a child having additional support needs.

Notification of right to make a placing request and other information relating to children having additional support needs

17.—(1) This regulation applies in respect of a child having additional support needs.

(2) Where an authority are required by section 28B(1)(b) and (4) of the 1980 Act to inform a parent of a child having additional support needs—

(a)of the general effect of paragraphs 2 (duty to comply with placing requests) and 3 (circumstances in which duty does not apply) of schedule 2 (children and young persons with additional support needs: placing requests) to the 2004 Act; and

(b)of the parent’s right to make a placing request,

the authority must inform the parent by notification in writing.

(3) The notification referred to at paragraph (2) must include the following—

(a)the information required to be given in terms of paragraph 2 of schedule 2 to the 2004 Act;

(b)a statement of where information with respect to the authority’s other schools and the authority’s placing arrangements in those schools is available for reference and where it will be supplied to a parent on request; and

(c)a statement that a list is available showing those special schools, not under the management of the authority, to which it is the authority’s practice to send pupils, and where it will be supplied to a parent on request.

(4) Subject to paragraph (6), where an authority are required by the provisions of sections 28B(1)(b) and (4) of the 1980 Act to inform a parent of a child having additional support needs of the school in which the authority propose to place the parent’s child, the authority must give notification in writing.

(5) The notification referred to at paragraph (4) must include the following—

(a)the information required to be given in terms of section 28B(1)(b)(i) of the 1980 Act;

(b)the date by which the authority wish to be informed of whether the parent proposes to make a placing request in respect of the parent’s child, which date must be 14 days after the date of notification in terms of paragraph (4); and

(c)school information for that school.

(6) A notification to a parent under paragraph (4) must be given at least 2 months before any date upon which the authority propose that a child should commence attendance at a school or transfer from one school to another; but nothing in this paragraph will prevent such commencement or transfer taking place at such earlier date as may be agreed between the authority and the parent.

Information to be given on receipt of a placing request

18.—(1) Subject to paragraph (2), an authority must, within 5 working days of receiving a placing request, send in writing to the parent making the placing request, free of charge, information of the kinds specified in Schedule 2.

(2) Paragraph (1) does not apply where, within 5 working days of receiving a placing request, an authority notify the parent in writing of the authority’s acceptance of the placing request.

Revocation

19.  The Regulations set out in column 1 of Schedule 3 are revoked to the extent specified in the corresponding entry relating to those Regulations in column 3 of Schedule 3.