Q:

Do previous tribunals count?

Do previous tribunals count? Same young person, same LA, same developing diagnoses ASD/ADHD .. and more. Why do parents need to keep doing this. it's highly unfair.

It looks like I am going to have to go to tribunal yet again. This time the school he is in for KS4 is offering him a place for KS5. He is a brilliant fit for the school and most provision is imbedded. Most importantly he loves attending and wants to continue. Last tribunal got him in after which he thrived. it is private and hence costly and that's the only thing the LA seems to consider. Hence 2 previous tribunals.

RM

ROGER M M
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11 Dec 2024

A: SenseCheck

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  • 12 Dec 2024
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    Simple

    Can't answer yes or no.:

    Roger MM

    Previous Tribunal decisions would likely not be determinative (have the power to decide a matter) but could be informative as they may provide relevant background information which a Tribunal may find useful. However, I am simply unable to comment on the fairness or otherwise of the SEN framework and how some local authorities (LAs) may choose to implement it.

    By way of background, it is worth noting that, on the face of it, a Tribunal will apply the legal framework when considering the evidence before it. The following sections of the Noddy Guide usefully outline the decision-making process:

     Q: 12.06 Does the FTT just decide who is correct? 

    12.11 Does the FTT just have to decide which expert is right? 

    Having previously appeared before the FTT, you will appreciate that the evidence presented will largely be contemporaneous and will primarily relate to the SEN of the child or young person. From this, the other educational components are typically derived, typically with reference to recommendations made by relevant experts.

    In your case, it appears that the LA is seeking to transition the young man in question to a new placement, even though he could remain at his current placement and move to the post-16 provision. Presumably, you (among other considerations) would want to understand the LA’s motivation for this decision, as well as the potential impact on your son (though I make no assumptions in this regard) if he were required to change placements.

    Sean Kennedy

    Sean Kennedy

    Sean Kennedy
    Talem Law