Decision Report Case 12/2011-12
| Decision Number | 12/2011-12 |
| 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: 1995
Appeal of: The Parent
Against Decision of: The Local Authority
Date of Hearing: February and March 2012
Type of Appeal: Against contents of a statement of SEN
People present: Parent Parent
Parent Parent
Parent Representative SNAP
LA Representative Achievement Leader
LA Witness Teacher
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 City and Local
Authority (LA) for their child.
Background
1. The Child is 16 years old and has social emotional and behavioural
difficulties. The Child has been educated otherwise than at a school since about
the beginning of 2011.
2. In February 2011, a previous appeal was considered at the final hearing,
when the Parent sought a maintained school placement for the Child following the
amendments of their statement in October 2010 to identify a special school
placement for the Child following their exclusion from a mainstream school.
3. An individualised curriculum has been in place for the Child since 2011
although not every aspect of it has been successful for them. Some elements
have secured the Child’s engagement and at the first hearing of the current
appeal in February 2012 it was reported that the Child’s engagement had
improved and the Parents sought a return to mainstream provision for the Child at
School A.
4. They had not decided precisely what they envisaged as provision for the
Child for the remainder of Year 11 and, because the Tribunal did not have any
evidence of the Child’s own views in the bundle, it was decided to adjourn to
enable both parents to consider what provision they were seeking for the Child
and for the LA to obtain the Child’s views on the issues in the appeal.
5. The LA witness had a discussion with the Child about their educational
provision and the Child’s future educational aspirations and the Parents had an
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