Decision Report Case 8/2012-13

Decision Number8/2012-13
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: 1997
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
LA Representative Educational Psychologist
Appeal
1. The Parents appeal 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.
Decision
2. This appeal concerns the Child who was born in January 1997 and is
presently 16 years of age. The Child attends School A within the Speech and
Language Specialist Teaching Facility (STF). The Child is sitting their GCSEs
this year. The Parents are realistic about the Child’s academic prospects,
and accept that the Child would be unlikely to manage an academic
curriculum that includes A-levels, and a mainstream school 6th form would
therefore be an inappropriate placement for the Child. The Child’s General
Conceptual Ability has been averaged at 86, but the Child’s overall cognitive
profile is uneven, and therefore any overall figure needs to be treated with
caution. There is a significant difference between verbal and non-verbal
functioning scores.
3. The Child lives at home with their Parents and older sibling. Both Parents
work and older sibling will be leaving to attend university in
September/October 2013.
4. The Child is now approaching transition to post 16 educations. The local
authority have recommended that the Child attends School B, which would
result in the Child’s Statement lapsing, but the Parents choice is School C,
which provides for pupils with moderate to severe learning difficulties and
severe and challenging autism, and their associated additional difficulties,
from age 4 to 19.
5. The wider social context of school is of importance in this case, in that there

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