Decision Report Case 10/2010-11
| Decision Number | 10/2010-11 |
| Year | 2011 |
| Court | Special Education Needs Tribunal for Wales |
Disclaimer: This document is an anoymised version of the specific decision. Each case is
considered by SENTW on its individual 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: 2002
Appeal of: The Parents
Type of Appeal: Contents of a Statement of SEN
Against Decision of: The Local Authority
Date of Hearing: 2011
People Present: The Parents Parents
Parent Representative Solicitor
Appeal
The Parents appeal under section 326 of the Education Act 1996 against the
contents of a statement of special educational needs made by the Local
Authority for their Child.
Preliminary
The Local Authority did not submit a case statement as required by the
Tribunal Regulations by March 2011. No action at all was taken by the LA
until the end of March 2011 when an application was made to the President
for an extension of time for submitting the case statement. The President
refused the request on the basis that exceptional circumstances had not been
shown for the delay in responding and the LA was barred from further
participation in the proceedings.
The final hearing of the appeal proceeded in the absence of the LA.
Background
1. The Child is 8 years old and has a diagnosis of Autistic Spectrum
Disorder (ASD) with complex learning difficulties. Since January 2007,
the Child has been a pupil at School A, a maintained mainstream
primary school and since September 2008, has been a member of the
communication resources base at the school.
2. In November 2009, the Parents formally requested the LA to arrange a
statutory assessment of the Child’s special educational needs. The LA
arranged the assessment and issued a final statement of special
educational needs in November 2010.
3. The Parents appealed against Parts 2, 3 and 4 of the Child’s
statement. They did not consider that Part 2 reflected the complexity of
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