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"Thank you! Thank you! Thank you! Words can't express how grateful I am for all your hard work, professionalism and belief in myself. You are fantastic at your job and I truly believe that I wouldn't have had the same result if it wasn't for yourself."
Sara, Barry
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"Sinclairs must be the one and only Solictor/Samaritans service in the country. You have completely changed the course of our son's life and there are no words to express the depth of our gratitude to you."
Fotios , Gloucester
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"Mike was professional, efficient and friendly. We always felt that we could trust him and that he treated our Son as he would have his own child. Our Son`s special needs are now met. Our hard earned and limited money was well spent!"
Sally, Worcester
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"When times seemed hard and apparent incompetence of others around us seemed to far outweigh our own resources, it was a breath of fresh air to have you dealing with this important issue on our behalf. Your enthusiasm and professionalism knew no boundaries along with your sense of humour, which I remember has been tested to certain limits, but at least we could smile whilst making progress."
Simon & Liz, Carmarthen
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"Thank you Rob, I am very grateful to you for all your help advice and support. I really feel that you were an Angel sent and could not have done it without your friendly manner and your belief in me. God Bless and have a wonderful Christmas."
Janice, Barry
The Special Educational Needs and Disability Tribunal
An independent body called the Special Education Needs Tribunal has been created. This totally independent body enables parents the right of appeal against any LEA decision in cases where the parents consider that their child is not receiving the level of education they rightfully deserve.
A parent can appeal to the SEN Tribunal in England or Wales for one of the following reasons:
- The local authority refuse to complete a statutory assessment of their child’s SEN
- The local authority completes a statutory assessment but refused to issue a statement of SEN (or issues a ‘note in lieu’ instead)
- They disagree with the contents of the statement that has been drafted (such an appeal can be about Part 2 or Part 3 but is against both Parts)
- They disagree with the school named in Part 4 of their child’s statement.
- Any decision taken by the Local Authority to cease to maintain the Statement.
- The local authority has refused to amend an existing statement of SEN further to an annual review (This appeal is ONLY available in England from 1st September 2010 due to the Children, Schools and Families Act 2010 which added s.328A into the Education Act 1996)
However, it is very important to bear in mind that any appeal must be brought within two months of the date of the decision and a time extension will not be permitted.
You cannot appeal to the tribunal if the LEA refuses to name an independent or non-maintained school if such a request is made within a year of a statement being issued. You also cannot appeal about the way the LEA carried out an assessment or the length of time taken or even about how the LEA is arranging to provide the help set out in the child’s statement. The Tribunal will also refuse to hear appeals about the way the school is meeting the child’s needs or about the contents of Part 5 and 6 of the LEA plans to meet those needs or even if the LEA will not amend the Statement after an Annual Review.
The tribunal in both England and Wales is a parent friendly process however it is based on law and evidence. The Triubunal will not allow a parent’s appeal to be successful based upon their opinion of their child’s SEN and the provision needed. Expert reports are needed to support specific requests.
Are you planning on appealing against an SEN decision?
Click here to download the appeal form.
Disclaimer
The information contained in this web site is provided solely for information purposes only. It does not constitute legal or other professional advice. Sinclairslaw does not give any endorsement, warranty or representation, expressed or implied by statute collaterally or otherwise with regard to the products or services which are advised or promoted on this or any linked sites.
Sinclairslaw accept no responsibility for loss or damage which may arise from errors or omissions of information contained in the web site or other site that may be linked to this site from time to time or for reliance on any such information. It is important that those who have access to the site and require help take proper legal advice by contacting the firm of Sinclairs so that we can properly advise on the information that you are able to provide us.
