Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)

Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

Question reference: S6W-39303

Asked by: Alexander Burnett, MSP for Aberdeenshire West, Scottish Conservative and Unionist Party
Date lodged: Thursday, 10 July 2025
Current Status: Answered by Jenny Gilruth on 28 July 2025

To ask the Scottish Government how it holds to account any local authorities that breach their statutory duties under the Education (Additional Support for Learning) (Scotland) Act 2004.

The Education (Scotland) Act 1980 places statutory responsibility for the provision of education in Scotland with individual local authorities. Under section 70 of the 1980 Act any interested party can make a reference to the Scottish Ministers that a responsible body (the managers of a school or education establishment, an education authority or other persons) has failed to discharge a duty imposed on them by or for the purposes of any enactment relating to education. This includes duties imposed by the Education (Additional Support for Learning) (Scotland) Act 2004.

Furthermore, where families are concerned that education authorities may not be fulfilling their duties under the Education (Additional Support for Learning) (Scotland) Act 2004, there is a range of dispute resolution mechanisms available to them. These mechanisms include mediation, independent adjudication, and referral to the First-tier Tribunal for Scotland.

Chamber and committees

Questions and answers

Filter your results Hide all filters

Question reference: S6W-39303

Answer