Decision Report Case 2/2012-13
| Decision Number | 2/2012-13 |
| Year | 2012 |
| 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: 1999
Appeal of: The Parents
Type of Appeal: Refusal to issue a Statement of SEN
Against the Decision of: Local Authority
Date of Hearings: September 2012 and October 2012
Persons Present: The Parents Parents
Child (morning)
Parents Witness Teacher
Parents Witness Educational Psychologist
LA Representative Director of Education
LA Witness Behaviour Support Service
LA Witness Educational Psychologist
Appeal
The Parents appeal under s. 325 of the Education Act 1996 against the decision
of the Local Authority to refuse to issue a Statement of Special Educational Needs
in respect of their Child. The Local Authority has issued a Note in Lieu of a
Statement in respect of the Child dated March 2012.
The appeal was dealt with over 2 days. In September the Tribunal considered
the preliminary issues of both parties, it heard directly from the Child and it took
evidence from both sides. The Parties were given an opportunity to deliver closing
submissions on a subsequent day but both sides decided to make speeches at
the end of the first day. The Tribunal sat again in October to make deliberations
and to make the decision.
Preliminary issues
1. The Parents applied to admit a bundle of late evidence under Regulation
50 of the Special Educational Needs Tribunal for Wales Regulations 2012.
The bundle had been received by the Tribunal on 5 September 2012.
2. The bundle consisted of copies of emails from the Behaviour Support
Service since July 2012, a letter to the Support Service dated 3 September
2012, a letter and Pastoral Support Programme sent from the Head
Teacher at School A to the Parents dated August 2012, part of a report
from the Child’s tutor (removed from the bundle at the hearing by
agreement of the parties), copies of emails between the Assistant Director
of Education and the Parent, a copy of a letter from the Education Inclusion
2
Service dated July 2012 to the Parents, a copy of a letter dated September
2012 to the Support Service and a Home Programme and Update
Assessment Summary in respect of the Child of August 2012 and
Assessment Summary of June 2012 from a Paediatric Occupational
Therapist of the local NHS Health Board, a copy of summary of contact
with the Child, undated, and unattributed detailing the involvement of the
Support Worker in supporting the Child at a meeting with the Support
Service and an Art Tutor in June 2012, a copy of notes from a meeting
between the Parents and Director of Education, Behaviour Support service
and a Principal Educational Psychologist, of May 2012 and a copy of note
relating to provision and resources for ALN in the Local Authority undated.
3. The Local Authority indicated that it agreed to the admission of the
documents. The Tribunal therefore decided to admit them under
Regulation 50 (1) (a) of the Special Educational Needs Tribunal for Wales
Regulations 2012.
4. The Parents applied to admit a copy of an up to date report from the
Child’s Tutor, dated September 2012. The Local Authority indicated that it
agreed to the admission of the document. The Tribunal therefore decided
to admit it under Regulation 50 (1) (a) of the Special Educational Needs
Tribunal for Wales Regulations 2012.
5. The Parents also applied to admit a note of information that had been
removed from the first draft of the Educational Psychology Report of
December 2011. The Parents indicated that they wished for the Tribunal
to consider this document alongside the first draft of the report. The Local
Authority agreed to the admission of the document. The Tribunal decided
to admit the note under Regulation 50 (1) (a) of the Special Educational
Needs Tribunal for Wales Regulations 2012.
6. The Local Authority applied to admit a bundle of late evidence under
Regulation 50 of the Special Educational Needs Tribunal for Wales
Regulations 2012. The documents had been received by the Tribunal on
27 August 2012.
7. The documents consisted of draft minutes of a meeting between the
Parents, Director of Education, and Support Service in July 2012, copies of
letters dated August 2012 sent to a number of the professionals involved in
the case requesting updates in respect of current involvement and a
timeline for the completion of any outstanding assessments, a copy of the
LA SEN Strategy, a copy of a letter sent to the Child from the Local
Authority dated August 2012 inviting the Child to share their views and
feelings with the Local Authority, and a letter to the Parents dated August
2012 from the Head Teacher of School A inviting them to a meeting to
discuss the implementation of a Pastoral Support Plan in respect of the
Child.
To continue reading
Request your trial