Decision Report Case 14/2011-12
| Decision Number | 14/2011-12 |
| 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: 1997
Appeal of: The Parents
Type of Appeal: Refusal to Assess
Against Decision of: The Local Authority
Date of Hearing: 2012
Persons Present: The Local Authority Learning Advisor
The Local Authority Principal Educational Psychologist
The Local Authority Teacher
Appeal
1. The Parents appeal under section 329 of the Education Act 1996 against the
refusal of the Local Authority to carry out an assessment of the special
educational needs of their Child.
Preliminary
2. As the Parents had not arrived by 10:00 a.m. The Clerk to the Tribunal was
therefore asked to ring the Parents to ascertain whether or not there was a
problem. The Clerk reported to the Panel that they had been informed by the
Parent that they were not going to attend as they “did not feel up to it” and did not
have any support. The Panel discussed the matter and felt that it was important
that the matter should proceed as the Child was not at present in receipt of full
time education. The Panel decided to proceed with the hearing under regulation
31 of the Special Educational Needs Tribunal Regulations 2001 (the
Regulations).
3. The LA made an application for admission of late evidence pursuant to
Regulation 33(3) of the Regulations. The application was made in respect of the
following documents:-
• A report submitted by a social worker previously involved with the family;
• Attendance records;
• Reading assessments;
• Example of written work completed by the Child upon entry to secondary
school;
• Educational Psychologist report noting unexplained anomaly in test
results;
• Minutes of meetings demonstrating how parental concerns were noted
and addressed;
• Medical correspondence;
• Report/comment sheet from teachers of the Child
• Additional provision offered to pupil;
• Notification to parents of LA’s decision not to initiate Statutory Assessment
in July 2008.
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