Health and Education Chamber

Eligibility

To be eligible for appointment you must:  

• Have previous engagement in practice for a period of not less than 5 years as a solicitor or advocate in Scotland; and 
  Subsequent engagement in any of the activities listed below: 
  (a) exercising judicial functions in any court or Tribunal; 
  (b) practice or employment as a lawyer of any kind; or
  (c) teaching or researching law at or for an educational institution. 

Essential Criteria

Knowledge, Interpretation and Application of the law 

• Able to demonstrate strong skills and competence in your field of law .
• Able to demonstrate knowledge, interpretation and application of substan-tive and procedural law in your field of law.
• Evidence of your willingness and ability to acquire new legal knowledge and skills.

Leadership and Management

• Manage cases and time effectively.
• Able to take responsibility for process and decisions, ensuring they are fair and ethical.
• Manage the hearing process effectively.
• Is able to deliver work at speed and under pressure.

Communicating Effectively

• Establishes authority and inspires respect and confidence.
• Modifies communication style to meet the needs of different tribunal users.
• Listens with patience and respect.
• Produces written work that is clear, concise and well reasoned.

Exercising Judgement

• Remains impartial and open minded and is seen to be fair to all.
• Is able to analyse and assess complex evidence and arguments.
• Is able to reason clearly.
• Is confident in judging and making independent decisions in the face of challenge.

Working with others

• Able to work effectively as part of a team and be active in all communications, de-liberations and decision making.
• Able to confront difficult issues openly and sensitively.
• Understands the importance of collaborative working and collective decision making with other tribunal members.
• Able to respond with care and compassion to those subject to tribunal proceed-ings, in particular where those proceedings involve vulnerable persons.
   

Eligibility

To be eligible for appointment to the Chamber, you must have knowledge and experience of children or young persons with:

(a) additional support needs within the meaning of section 1(1) of the Education (Additional Support for Learning) Act 2004; or

(b) a disability within the meaning of section 6 of the Equality Act 2010. 

Essential Criteria

Sound Judgement & Intellectual Capacity

• The ability to concentrate on and absorb relevant arguments, summarise factual and legal issues, and apply knowledge to arrive at balanced judgements.

Critical analysis and decision making

• The ability to focus on salient pieces of information and ask probing focused questions and the ability to evaluate evidence objectively and impartially. 

Working with others

• Display courtesy and consideration to all tribunal users and staff and sensitivity to people from different social backgrounds.
• Commitment to engaging positively and openly with parties and the public and encouraging participation in proceedings.
• The ability to undertake effective public presentation/ representational work

Written and Oral communications

• The ability to produce a high quality of written work quickly
• The ability to communicate effectively using straightforward language with all types of tribunal users, listening actively and attentively

Experience of children with additional support needs or a disability

• Current knowledge and experience of children or young people with additional support needs;
• Current knowledge and an interest in disability issues;
• An understanding of the way in which the education sector (especially schools) operates;

Desirable Criteria

Knowledge of Diversity Issues

• Understanding of the contribution made by the Additional Support Needs Tribunals to the delivery of education policy in Scotland
• Understanding of the Tribunals’ jurisdiction under the Equality Act 2010 in relation to disability discrimination in schools
   

Responsibilities

• To provide leadership and support to the President in maintaining and developing the Chambers’ reputation as independent and accessible, providing a professional and expert service to parents, young people and children with additional support needs, and to education authorities and other appropriate agencies.  
• At the beginning of the hearing to explain the remit of the tribunal, the manner and order of proceedings and the procedure which the tribunal proposes to adopt.
• To chair the hearing, control the proceedings and establish the appropriate environment.
• To identify and help resolve any issues that arise.
• To explain legal, educational, health etc. terms/jargon when necessary and carefully listen to all contributions by witnesses and parties.
• To demonstrate knowledge of the 2004 Act, the 2010 Act, the Tribunal Rules, statutory instruments and case law and ensure that the hearing is conducted in terms of thereof.
• To manage the hearing and associated casework appropriately, including the production of written judgments.
• To make certain that the tribunal decision is composed clearly, accurately and as concisely as possible, and that it is accessible to all parties with use of plain English.
• To ensure that any decision or direction is communicated effectively.
• To have regard to the needs of other Tribunals` staff, when exercising functions in respect of the administration of the Tribunal.
   

The Chamber has three types of ordinary member:

• Education members are expected to have experience in school education
• Health member are drawn from a wide range of fields, such as GPs, child and adolescent psychiatry, child psychology or allied health professions
• Social work members are experienced social workers. 

As an ordinary member you will be expected to:

• To sit as part of a tribunal panel, to hear appeals (references or claims) against education authorities/responsible bodies in relation to additional support needs or disability discrimination in education . 
• To exercise strong teamwork and to constructively challenge and support the convener or leader, as part of a team in a tribunal setting or similar.
• To carefully consider arguments, points of consideration and apply knowledge to arrive at balanced judgements. 
• To be courteous and considerate to all tribunal users and staff and sensitive to people from different social backgrounds. 
• To maintain up to date knowledge of additional support needs law, practice and procedures.