Decision Report Case 4/2012-13
| Decision Number | 4/2012-13 |
| 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 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: 2008
Appeal of: The Parents
Type of Appeal: Contents of a Statement of SEN
Against Decision of: The Local Authority
Date of hearing: 2013
Persons Present: The Parents Parents
Parents Witness SENCo
Parents Witness Class Teacher
LA Representative Barrister
LA Witness Educational Psychologist
LA Witness Head Teacher
Appeal
The Parents appeal under Section 326 of the Education Act 1996 against the
contents of a Statement of Special Educational Needs (the Statement) written by
the Local Authority in respect of their Child.
Decision
1. The Child was born in January 2008, and presently 5 years of age. The
Child attends School A, and is presently in the reception class. The Child is
moving to year 1 in September 2013.
2. The Child lives at home with their Parents and 3 siblings, one of whom has
experienced similar difficulties to their own.
3. The Child has a diagnosis of Autism and selective mutism. The Child has a
Speech and Language programme actioned for them by their Teaching
Assistant. The Child has support from a Teaching Assistant for 21 hours per
week, which is provided by the local authority, but with an expectation of an
additional 5 hours of such support from the school. The school has a
delegated budget to cover this.
4. A final Statement of Special Educational Needs was issued in respect of the
Child in November 2012. The Parents did not agree with the number of
hours of support from a Teaching Assistant, and therefore appealed against
the contents of the Statement. Their Appeal Notice sought additional hours
of support over the lunchtime break. They were seeking an additional 5
hours support per week. Prior to seeing the Parents’ Case Statement, the
local authority agreed to provide these additional 5 hours, and incorporated
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