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ERIC Number: EJ985998
Record Type: Journal
Publication Date: 2012
Pages: 16
Abstractor: As Provided
ISSN: ISSN-1360-3116
Parental Experiences of Dealing with Disputes in Additional Support Needs in Scotland: Why Are Parents Not Engaging with Mediation?
Wright, Kevin; Stead, Joan; Riddell, Sheila; Weedon, Elisabet
International Journal of Inclusive Education, v16 n11 p1099-1114 2012
Partnerships with parents, particularly in the field of education, have featured prominently in policy rhetoric for many years, but routes of redress have not had much attention until relatively recently. The development of Alternative Dispute Resolution in the UK reflects the situation in several jurisdictions (e.g. Norway, Germany, the Netherlands) where citizens can choose not to go to court to resolve administrative disputes. Under the Education (Additional Support for Learning [ASL]) (Scotland) Act 2004 local authorities must establish and publicise procedures for identifying and meeting the needs of children requiring additional support for learning. The Act and Code of Practice advocate early intervention to prevent disagreements about the provision for additional support from escalating into more serious disputes, with local authorities required to provide information about, and access to, independent mediation for parents. In Scotland the ASL Act 2004 has resulted in four routes available for redress in the area of Additional Support Needs which include both mediation and litigation type processes: (1) Informal mediation; (2) Formal mediation; (3) Adjudication; and (4) Tribunal. This article uses case study information from parents in three local authorities in Scotland to explore why independent mediation is being under-used by schools and parents, and what factors influence this. Questions are raised regarding the large numbers of parents who are unaware of mediation, the attitudes towards and use of independent mediation by local authorities and the suitability of independent mediation, particularly when the dispute is over resources. (Contains 1 table and 1 note.)
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Publication Type: Journal Articles; Reports - Research
Education Level: Elementary Secondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: United Kingdom (Scotland)