Decision Report Case 2/2011-12
| Decision Number | 2/2011-12 |
| 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 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: 1998
Appeal of: The Parent
Type of Appeal: Refusal to Assess
Against Decision of: The Local Authority
Date of hearing: 2011
Persons Present: The Parent
Parent Representative
Local Authority Representative
Local Authority Special Educational Needs Co-ordinator
Local Authority Specialist Teacher
Appeal
1. The Parent appeals under section 329 of the Education Act 1996 against the
refusal of the Local Authority (LA) to comply with their request to arrange an
assessment for their Child.
Preliminary Issues
2. The Parent applied to admit a record of an exchange of e-mails between them
self and SENCO at School A. These e-mails are dated between the
17th February 2011 and the 1st April 2011. The LA did not object to the
admission of the e-mails in evidence. However the tribunal did not allow the
application as the criteria set out in regulation 33(3) were not met. The e-mails
had been sent and received some time before the close of the case statement
period and should have therefore been included in the case statement. The
circumstances are not wholly exceptional and as both the Parent and SENCO
were present at the hearing then there was no prejudice to the child if the e-
mails were not admitted in evidence.
3. As the hearing progressed it transpired that the Parent was in possession of a
speech and language therapy report dated the 6th September 2011 compiled by
a Speech and Language Therapist. This report is referred to in the speech and
language therapy report. The Parent was invited to apply to admit this
document in evidence because of the reference made to it in this other report.
The LA had not seen this report and was anxious to be able to do so. The
document was admitted in evidence under regulation 33(3) as the
circumstances were wholly exceptional and there could be prejudice to the
interests of the child if the report was not admitted in evidence. However the
copy in the Parent’s possession was not a complete copy, with at least one
page missing. Nevertheless the section of the report containing the author’s
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