Can tribunal direct the LA to secure advice?
Child has severe sensory needs impacting on access to education. Highlighted by EP during the needs assessment and throughout school advice, parents etc. The commissioned service delivers parent training only. Requested sensory assessment info submitted was parents training attended not active with service . Requested the LA to secure proper advice, submitted stage 1 then stage 2 complaint. Appeal was registered with SENDIST and aware that the LGO directs to tribunal a request to tribunal was made to direct the LA to secure an assessent/advice. The tribunal has refused stating that rule 15 does not give the Tribunal power to order an LA to carry out additional assessments. I knew that the tribunal may not agree to direct them but I thought it would be "wouldn't" rather than "couldn't"
A: SenseCheck
- 0 Yes
- 0 No
- 1 Other
- 24 May 2025
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Other
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Other
Too fact specific, I can't generalise.:
MH
I am familiar with situations where a local authority (LA) demonstrates reluctance to address matters concerning sensory processing needs.
Naturally, I have not seen the original application, nor can I provide legal advice. That said, your account is somewhat surprising, particularly given that Rule 5 affords the Tribunal wide-ranging powers to regulate its own procedures.
You may wish to consider requesting a review of the Tribunal’s decision or resubmitting the application at a later stage. It may also be prudent to obtain legal advice, as there may be alternative avenues worth exploring.
Finally—and I fully acknowledge that this will entail a financial burden—you could, as part of your evidence, submit an assessment report from an occupational therapist who is suitably qualified and experienced in sensory integration. While potentially costly, this may prove to be the most straightforward and effective option.
Best wishes,
Sean Kennedy
24 May 2025
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