Decision Report Case 7/2011-12
| Decision Number | 7/2011-12 |
| 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
DECISION
Date of Birth: 2004
Appeal of: The Parents
Type of appeal: Against the contents of a statement of SEN
Against Decision of: The Local Authority
Date of hearing: 2012
Persons present: The Parent Parent
The Parent Parent
The Local Authority Barrister
Representative
The Local Authority Witness Deputy Head
Teacher, School A
The Local Authority Witness Speech & Language
Therapist (SaLT)
Appeal
1. The Parents appeal under section 326 of the Education Act 1996 against the
contents of a statement of special educational needs made by the LA for the
child.
Preliminary Issues
2. The Parents applied to admit an e-mail dated the December 2011, being a
response by the LA to a Freedom of Information Act request by the Parents.
This request was for details of costs incurred by the LA in the instruction of
counsel in connection with appeals to SENTW. The LA did not consider this
evidence to be relevant to this appeal but in the event of the details being
admitted the LA asked that the tribunal should consider additional information
not contained in the e-mail in order to provide full information.
3. The LA applied to admit an e-mail from a Child Physiotherapist dated
December 2011 and an e-mail of the same date from a Paediatric
Occupational Therapist. The parents had been served with copies of these
e-mails and did not object to the admission of both documents in evidence.
4. The tribunal concluded that the requirements of regulation 33(2) were
satisfied in respect of each application. In respect of the Parents’ application
it would be a matter for the tribunal to decide what weight if any should be
placed on the information disclosed pursuant to the FOA request. The
tribunal concluded that it was in the interests of justice in particular for the
information from the physiotherapist and occupational therapist to be made
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