Decision Report Case 10/2012-13
| Decision Number | 10/2012-13 |
| Court | Special Education Needs Tribunal for Wales |
Disclaimer: This document is an anonymised version of the specific decision. Each case is
considered by SENTW on its individualised merits, reflects the law as at the time the decision was
made, does not create precedent and should not be relied on as such.
DECISION
Date of Birth: 2009
Appeal of: The Parents
Type of Appeal: Contents of a Statement of SEN
Against Decision of: Local Authority
Date of hearing: 2013
Persons Present: The Parent Parent
Parent Representative SNAP
LA Representative Educational Psychologist
LA Witness SALT
Decision
1. This is a further decision in the case of the Child, the first decision having
been given following a hearing in March 2013. We will not set out the history
or basic facts in this case again. These can be read into this decision from
the previous decision.
2. It was not possible to conclude the hearing in March 2013 and we adjourned
to May 2013 in respect of decisions relating to part 3 of the Child’s
Statement, relating to class size, peer group, and the degree of specialisation
required, and also Part 4 in relation to the naming of an appropriate school
placement.
3. In further considering this appeal we have considered all of the evidence,
both written and oral, Section 326 of the Education Act 1996 and the Special
Educational Needs Code of Practice for Wales.
4. The position at the further hearing was that the Local Authority
recommended a specialist school placement for the Child. It suggested
School A which has a specialist teaching facility catering specifically for
children with autism.
5. On behalf of the Parents it was confirmed that a number of schools have
been visited, and from these one has been chosen as the parental
preference, being School B. This is a mainstream independent school.
6. The Parents also visited School C, and the Parent indicated that the parents
open-mindedness with regard to specialist provision is demonstrated by their
acceptance that that particular specialist school could in principle meet the
Child’s needs. Unfortunately, it is some distance from their home address,
and is too far for the Child to travel on a daily basis. Further, on a balance of
probabilities both the Local Authority and the Parents accept that there is not
likely to be a place available at School C from September 2013.
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