Decision Report Case 8/2011-12
| Decision Number | 8/2011-12 |
| 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: 2003
Appeal of: The Parents
Type of Appeal: Refusal to issue a statement of SEN
Against Decision of: The Local Authority
Date of hearing: 2012
Persons Present: The Parent Parent
Parents Representative Solicitor
Parents Witness Educational Psychologist
Local Authority Representative Principal Officer SEN
LA Witness Educational Psychologist
LA Witness School Improvement
Officer
Appeal
The Parents appeal under Section 324 of the Education Act 1996 against the decision
of the LA not to make and maintain a Statement of Special Educational Needs (the
Statement) in respect of the Child.
Factual Background
1. The Child is 8 years old. The Child lives with their parents and 3 siblings. The
Child initially attended School A, from September 2007, and then transferred to
their present school, School B, from September 2011. School B is a fee paying
school.
2. The Child has been assessed and found to have specific learning difficulties i.e.
dyslexia. As a result the Child has found it difficult to acquire literacy skills and
has also had some difficulties with numeracy. Concerns have been expressed
about the Childs self-esteem, but the Child is happy at their present school.
Concerns have also been expressed that the Child has an auditory processing
difficulty and Irlens Syndrome, but there has not been a diagnosis of either. The
Child has previously had speech and language therapy, but has been discharged
from that service.
3. The Child’s parents originally appealed against the LA’s decision not to assess
the Child. The LA did not maintain their opposition to this appeal, and did in due
course assess the Child. Having completed this process they decided not to
issue a Statement in respect of the Child, but rather to issue a Note in Lieu. They
confirmed their decision in a letter to the parents dated the July 2011. The Child’s
parents appeal that decision as they believe the Child requires a Statement in
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