Decision Report Case 11/2011-12

Decision Number11/2011-12
CourtSpecial Education Needs Tribunal for Wales
Disclaimer: This document is an anonymised 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: 2001
Appeal of: The Parent
Type of Appeal: Against the contents of a statement of SEN
Against Decision of: The Local Authority
Date of Hearing: 2012
Persons Present: The Parent The Parent
The Parent’s Solicitor
Representative
The Parent’s Parental Support
Witness
The Local Authority Educational Psychologist
Representative
The Local Authority Occupational Therapist
Witness
Appeal
1. The Parent appeals under Section 326 of the Education Act 1996
against the contents of a statement of Special Educational Needs
made by the Local Authority (LA) for the Child. The Parent is supported
by a friend.
Preliminary Issues
2. The Tribunal allowed an application by the LA to admits two reports as
late evidence pursuant to regulation 33(2) namely;
i. Occupational therapy report dated January 2012 compiled by
an Occupational Therapist
ii. A Speech and Language therapy report dated January 2012
compiled by a Speech and Language Therapist
Both reports were served upon the Tribunal and the Parent more than
five days before the hearing. It appears that the Appellant’s
Representative may not have received the Speech & Language
therapy report outside the five day period but they did not object to the
admission of the report in evidence.
3. The Parent asked the tribunal to admit the following reports as late
evidence:
i. Speech and Language therapy report dated February 2012
ii. An undated occupational therapy report
iii. An educational psychology report dated January 2012
iv. A report from an Behavioural Optometrist dated February
2012

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