Decision Report Case 11/2012-13
| Decision Number | 11/2012-13 |
| Year | 2012 |
| 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 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 Parent
Type of Appeal: Refusal to carry out an Assessment
Against Decision of: The Local Authority
Date of hearing: November 2012
Persons Present: The Parent Parent
Parent Representative IPSEA
LA Representative ALN Officer
LA Witness Educational Psychologist
LA Witness SENCO
Appeal
The Parent appeals under Section 329 of the Education Act 1996 against the
refusal of the Local Authority to carry out a statutory assessment of their Child.
Facts
1. The Child was born in July 2002 and is presently 10 years of age. The Child
has a twin who has been in class at school with the Child. The Child attends
School A and will be transferring to secondary school at the end of this
academic year.
2. The Child has a variety of difficulties that impact upon their ability to learn.
These include dyslexia, dyspraxia, Mears Irlen Syndrome and in particular,
short term memory difficulties.
3. This hearing commenced in April 2012 and was adjourned to allow a
Learning Support Service (LSS) teacher to work regularly with the Child to
see if this enabled the Child to make progress, as was suggested by the LA.
In order to ensure time was not lost, however, it was also agreed by the
parties that various assessments of the Child would be carried out, in order
to gain a fuller picture of the Child’s needs, and in case the support from the
LSS was ineffectual.
4. At the hearing in November 2012 we were provided with updated materials,
which included reports from the Occupational Therapy Service, (OT), the LA
Educational Psychologist and the Speech and Language Service. An
Independent Advocate also provided us with the Child’s views. We also
heard evidence from the individuals identified above. We have taken all of
the evidence we have heard and read, the Special Educational Needs Code
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