Does anyone have any views what the starting point in weeks is for SEP i.e. speech and language or occupational therapy for a tribunal where independent witness reports support provision much longer than 38 weeks (in relation to Code of Practice 9.55) to meet communication and interaction needs but the tribunal uses a starting point of 38 weeks because it is a school year? note: the child has been home schooled for a year


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23 Jun 2022
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  • 31 Aug 2022
  • No


    This is an important question. Speaking generally it is always important  to focus on asking the experts you have instructed to identify your child’s SEN and then specify, quantify and detail the SEP necessary to meet the identified need and why this is the case – which no doubt you have done.  

    The Noddy guide gives a very good overview of the flexibility open to the Tribunal (standing in place of the LA) in this regard. Perhaps the key point to be mindful of here is that the Tribunal’s decision must have  a clear evidential basis. Put another way, the experts who assist the Tribunal with their evidence must be able to be clear about the “what” and, very importantly, “why” and the Tribunal must decide which opinion they prefer (if there is more than one expert). 

    Sean Kennedy

    Sean Kennedy
    Talem Law

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