Decision Report Case 13/2011-12

Decision Number13/2011-12
Year2012
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: 2005
Appeal of: The Parent
Type of Appeal: Against the contents of a statement of SEN
Against the Decision of: Local Authority
Date of Hearing: 2012
Persons Present: Parent Parent
Parent Representative Representative
Parent Witness Witness
Local Authority Representative Representative
Local Authority Witness Witness
Local Authority Witness Witness
Appeal
1. The Parent appeals under s.326 of the Education Act 1996 against the
contents of a Statement of Special Educational Needs issued by the Local
Authority in respect of their Child. The Statement is dated September 2011.
The appeal is in respect of Parts 2 and 3 of the Statement.
Preliminary Issue
2. The Parent applied to admit late evidence under s. 33 (2) of the Special
Educational Needs Tribunal Regulations 2001 in respect of an updating report
from Speech and Language Therapist dated 3 January 2012. The report was
submitted to the Tribunal and served upon the Local Authority on 3 January
2012. The Local Authority did not object to the admission of the report. The
Tribunal decided to admit the report as it considered that the criteria set out in
s. 33 (2) of the Regulations were met.
3. The Local Authority applied to admit late evidence under s. 33 (2) of the
Special Educational Needs Tribunal Regulations 2001 in respect of an
updating report from Local Authority Principal Educational Psychologist dated
12 January 2012. The report was submitted to the Tribunal and served upon
the Parent Representative, on 12 January 2012. The Parent Representative
did not object to the admission of the report. The Tribunal decided to admit
the report as it considered that the criteria set out in s. 33 (2) of the
Regulations were met.
4. The Tribunal was provided with Versions 2, 3 and 4 of an agreed working
document. The Tribunal received these documents by 12 January 2012. The
Tribunal decided that the conditions set out in Regulation 33 (2) of the Special
Educational Needs Tribunal Regulations 2001 were met and therefore it
admitted these documents as evidence.

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