Decision Report Case 19/2010-11
| Decision Number | 19/2010-11 |
| Year | 2011 |
| 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 be relied on as such
Decision
Date of Birth: 1997
Appeal of: The Parents
Type of Appeal: Part 4 of a Statement of SEN
Against Decision of: The Local Authority
Date of hearing: 2011
Persons Present: The Parents
Parent Representative
Parent Witness
LA Representative
LA Witness
LA Witness
Appeal
The Parents appeal under paragraph 8 of Schedule 27 of the Education Act
1996 against the name and type of school named in Part 4 of a Statement of
Educational Needs written by the Local Authority in respect of their Child.
Facts
1. The Child was born in September 1997 and is 13 years of age. The
Child has previously been diagnosed with epilepsy and also has
learning difficulties and problems with attention/concentration and
speech and language delay. In 2001 the Child was diagnosed as being
on the Autistic Spectrum. (ASD) The Child has been educated
previously in the Autistic Spectrum Unit at School A and in the Autistic
Disorder class.
2. At the end of year 6 further evaluation of the Child by an Educational
Psychologist concluded that the Child’s ASD was secondary to their
attention and learning difficulties, and after consultation with the
Parents the Child was placed at School B in September 2009. School
B is a special school which provides principally for children with severe
learning difficulties.
3. In January 2010 the Parents asked that the Child be placed at their
local mainstream school, School C, in the Communication Disorder
Unit. This would require a shorter journey to school, will be the school
attended by the Child’s sibling from September 2011, and, the parents
argue, would enable the Child to develop local friendships, which would
benefit social functioning. The LA does not consider this school could
meet the Child’s needs as the pupils in the unit are expected to
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