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Special Educational Needs and Disability Tribunal . A DECADE OF SEN APPEALS. SENDIST. An overview of the work of the Special Educational Needs & Disability Tribunal. Presented by Mark Sawyer. OUTLINE OF THE PRESENTATION. Organisation and work. History. SENDIST. Tribunal reform.

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Presentation Transcript
slide1

Special Educational Needs and DisabilityTribunal

A DECADE OF SEN APPEALS

SENDIST

An overview of

the work of the Special Educational Needs & Disability Tribunal

Presented by Mark Sawyer

slide2

OUTLINE OF THE PRESENTATION

Organisation and work

History

SENDIST

Tribunal

reform

Overview

SEN national framework

Disability Discrimination claims

SEN appeals

slide3

A BRIEF HISTORY

Tribunal established

1993

SENDIST

Tribunal began handling SEN appeals

1994

1997

SEN Appeals hit 2000 mark

New Regulations introduced -

appeals reach 3000 mark

2001

Remit extended to include disability

discrimination claims

2002

2002

SEN & Disability Act introduced dispute resolution and other changes to SEN framework

2006

Tribunals Service created

slide4

MISCONCEPTIONS

ABOUT THE TRIBUNAL

SENDIST

  • The Tribunal is like a formal court
  • Parents need a legal representative to
  • put their case to the panel
  • Parents can’t talk to the LEA once
  • they appeal to the Tribunal
slide5

RESPONSE TO MISCONCEPTIONS

  • Neutral and independent

SENDIST

  • Informal – in the legal sense but Part of the legal system
  • Bound by legislation
  • Operational - not policy making
  • Most appeals are resolved without a hearing
slide7

HOW IT FITS INTO THE NATIONAL FRAMEWORK

SENDIST

SENDIST

Local Authorities

  • Education Act, 1996
  • Special Educational Needs:
  • Code of Practice
  • Parent Partnership
  • Services
  • Disagreement Resolution
slide8

RIGHT OF APPEAL

  • if the LEA:
  • refuse to assess, or re-assess
  • refuse to issue a statement
  • refuse to change the name of the school in the statement
  • refuse to amend a statement after a reassessment
  • decide to cease to maintain a statement

SENDIST

  • or in the case of a new (or amended)
  • statement:
  • against the contents (parts 2 & 3)
  • the school named (part 4)
slide9

THE APPEAL PROCESS

TIME LINE

PARENTS APPEAL AGAINST LEA DECISION

2 Months to appeal

SENDIST

Pre-registration

REGISTRATION OF AN APPEAL

10 W Days Later

Case Statement period begins and Hearing Date arranged

END OF CASE STATEMENT PERIOD

30 W Days Later

Documents exchanged and Panels finalised and hearing notices sent

HEARING

15 W Days Later

Chair writes up decision, Tribunal processes

DECISION

10 W Days Later

slide10

DECISIONS

SENDIST

  • Decision in writing about

10 working days after the hearing

  • Time limits imposed on local authorities

to implement - set out in regulations

  • Tribunal Review - 10 day deadline
  • Appeal - High Court - 28 day deadline
slide14

PERCENTAGE OF APPEALS AGAINST

REFUSAL TO ASSESS SINCE 1994

SENDIST

slide15

IMPACT OF POLICY CHANGE

SENDIST

“Reducing reliance on statements is a long-term (i.e. 4-5 year) change process…”

Raising Barriers to Achievement, 2004

slide17

SENDIST

NATURE OF SEN

slide18

PERCENTAGE OF APPEALS ABOUT

AUTISM SINCE 1994

SENDIST

disability discrimination in schools
Disability Discrimination Act 1995

Applied in schools since 1996 in respect of:

employment

services to the public

SEN & Disability Act 2001

extended scope of 1995 legislation

from September 2002

DISABILITY DISCRIMINATION IN SCHOOLS

SENDIST

slide23

SOME DIFFERENCES BETWEEN

THE TWO REMITS

  • More difficult for parents to understand

SENDIST

  • More complicated to administer
  • Procedure takes longer – currently over 6 months
  • Hearings are longer – with more attendees
  • More representation - particularly legal
  • Procedure more influenced by High Court appeals
slide24

DISABILITY DISCRIMINATION CLAIMS

Who deals with claims?

SENDIST

slide26

SENDIST

WHAT THE TRIBUNAL NEED TO ESTABLISH?

1. That the child

is disabled

2. That the alleged

discrimination was

connected to the

child’s disability

3. That the alleged

discrimination

was not justified

4. How best to put

things right

tribunal reform

SENDIST

TRIBUNAL REFORM

“What we need to do is to create the unified tribunal system recommended by Sir Andrew Leggatt but transform it into a new type of organisation...”

Transforming Public Services: Complaints, Redress and Tribunals

DCA White Paper, July 2004

tribunals service leadership

SENDIST

TRIBUNALS SERVICE LEADERSHIP

Senior President designate:

Lord Justice Carnwath

Chief Executive designate:

Peter Handcock

benefits

SENDIST

BENEFITS
  • Strengths independence
  • Better use of hearing centres
  • Efficiency savings:
    • People
    • Resources
    • IT
  • Accessibility to users
slide31

SENDIST

FOR MORE INFORMATION

www.sendist.gov.uk