Decision Report Case 14/2012-13
| Decision Number | 14/2012-13 |
| Year | 2013 |
| 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 individualised 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: 1999
Appeal of: The Parent
Type of Appeal: Refusal to issue a Statement of SEN
Against Decision of: Local Authority
Persons Present: The Parent Parent
The Child Child
Parent Representative Solicitor
Parent Observer Grandparent
LA Representative Solicitor
LA Witness Head of ALN
LA Witness Educational Psychologist
Appeal
1. The Parent appeals under Section 325 of the Education Act 1996 against the
decision of the Local Authority not to issue a Statement of Special
Educational Needs in respect of their Child. The letter setting out the decision
of the Local Authority is dated May 2012.
2. In arriving at our decision we have taken into account section 325 of the
Education Act 1996, the Special Educational Needs Code of Practice for
Wales, and all the evidence that we have read and heard.
3. The Child was born in March 1999, and is presently therefore aged 14 years.
The Child lives with their Parent. The Child attends School A. The Child has
complex learning needs and a diagnosis of dyslexia, autistic spectrum
disorder and ADHD. The Child also has mild learning difficulties, particularly
in areas involving verbal communication. The Child will not accept working on
a one to one basis with adults. The Child attends school willingly, but on
occasions finds the noise levels in class distressing. The Child does not like
attention being drawn to them. The Child has now been provided with a red
card to enable them to leave a stressful situation if the Child feels the need to
do so; and the Child does use this. The Child is generally well-behaved in
school, but the stress the Child experiences can come out in a “meltdown"
when the Child returns home.
4. We began to hear this case in January 2013 but it had to be adjourned to
enable the Local Authority to complete it’s assessment process in
accordance with the Code of Practice.
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