Decision Report Case 9/2012-13

Decision Number9/2012-13
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: 1998
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
Parent Representative Barrister
Parent Witness Educational Psychologist
Parent Witness Occupational Therapist
LA Representative Education Officer
LA Representative Educational Psychologist
LA Witness Deputy Head Teacher
LA Witness Specialist Teacher
Appeal
The Parents appeal under section 326 of the Education Act 1996 against the
contents of a statement of special educational needs made by the Local Authority
for their Child.
Background
1. The Child is 14 years old and has a diagnosis of high functioning autism
and Asperger’s Syndrome (AS), displaying many of the difficulties
associated with the disorder particularly in the areas of social
communication and interaction, organisation and independence skills. The
Child was a pupil at School A, a maintained mainstream secondary school
until January 2013 when the Child’s Parents placed the Child at School B at
their own expense.
2. The Parents sought to secure for the Child “intensive and highly specialist
input” to address the Child’s difficulties on the basis that the Child had
made limited progress over time. They did not consider that Part 2 of the
statement adequately described the Child’s educational needs, that Part 3
does not specify appropriate provision to meet the Child’s needs and that
Part 4 should name School B, an independent school as the appropriate
placement for the Child.
3. The appeal alleged that School A or any other mainstream school is
inappropriate because it would not provide the Child with the levels of
specialist teaching and support that the Child requires; does not provide
small classes throughout the curriculum; cannot provide on-site speech and

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