Decision Report Case 5/2012-13

Decision Number5/2012-13
Year2013
CourtSpecial 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: 2006
Appeal of: The Parent
Type of Appeal: Contents of a Statement of SEN
Against Decision of: Local Authority
Date of hearing: 2013
Persons Present: The Parent Parent
Parent Representative Solicitor
LA Representative Solicitor
LA Witness Head Teacher
LA Witness SALT
Decision
1. The Parent appeals under Section 326 of the Education Act 1996 against
the contents of a Statement of Educational Needs written by the Local
Authority in respect of their Child.
2. The Child was born in March 2006 and is presently 7 years old. The Child
lives at home with their Parents and older sibling. The Child attends
School A, which is a mainstream school.
3. The Child has difficulties relating to their speech and language. The Child
finds this frustrating, and it adversely affects the Child’s confidence. The
Child has 10 hours of support each week at school and has a Speech and
Language Programme
4. The Parent became concerned about the Child’s difficulties and requested
a Statutory Assessment of the Child’s special educational needs in late
2011/early 2012. There was an unfortunate delay in this process being
completed, but it did eventually result in a proposed Statement being
issued in September 2012. The assessment confirmed that the Child had
difficulties with Speech and Language. Consequently the Child was
considered for placement in a specialist unit that met the needs of children
with language difficulties. In the local authority area, this provision is
provided at School B which has a specialised unit. The Child was
considered for placement at School B, but in a letter dated November
2012 the local authority stated that the Child did not meet the entry criteria
for placement. The local authority therefore suggested that he Child
should remain in a mainstream placement, and the Parent has appealed,
principally against such a placement, but also in relation to some of the

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