Tribunals

What do we need to know to go to Tribunal?

Sometimes parents find themselves in dispute with their local authority on an issue regarding their child’s education. For example, this may be to do with the level of support specified in their child’s Statement of Special Educational Needs or the school named at the end of the Statement. In this circumstance, parents are entitled to challenge the Statement and go to the First-tier Tribunal (Special Educational Needs and Disability:  www.sendist.gov.uk where their case will be heard and an independent decision made.  We meet many parents at the Burwood Centre who are in thisposition and who are seeking our reports to help them with their case. We would always recommend that these parents have:

1.      A copy of the Special Educational Needs Code of Practice, DfES* (2001). 
 
2.      The support of an independent body who are able to help them prepare their case and represent them at the Tribunal. Some parents chose to employ a solicitor or barrister, but there is free advice and support available from some charitable organisations including  the National Deaf Children’s Society (NDCS: www.ndcs.org.uk) and the Independent Panel for Special Education Advice (IPSEA: www.ipsea.org.uk)
 
*DfES —  The UK Government’s Department for Education and Skills was responsible for the education system and children’s services in England from 2001-2007. In June 2007, the DfES was split into two and the Department for Children, Schools and Families (DCSF) and the Department for Innovation, Universities and Skills took over its responsibilities.

Further information about Special Educational Needs and the tribunal system is available from the following websites:

Tribunals Service – Special Educational Needs and Disability
www.sendist.gov.uk
This is the official government site. The process by which parents can appeal against decisions made by local authorities in England and Wales about their children's education is discussed. As well as information about First-tier Tribunals, you are also able to download application forms and guidance for parents.

SOS!SEN 
www.sossen.org.uk
This free and confidential nationwide helpline is for parents and others seeking clarification, help and advice about Special Educational Needs. SOS!SEN gives advice to help you: interpret the SEN Code of Practice; interpret official letters; check Proposed and Revised Statements; prepare challenges to Statements; find the right independent professional advice; know what to do next; write Appeal documents to lodge at SEND; at meetings and Tribunals; and present your Case. It is run by volunteers who have worked in education or related services and offer independent advice on all aspects of SEN including statements and tribunals. Telephone Helpline: 020 8538 3731
Contact a Family – for families with disabled children
The section of the Contact a Family website includes information about special educational needs and allows you to download guides for parents on special educational needs in England and Wales. A pod-cast about special educational needs and the statementing process is also included.
Citizen’s Advice Bureau (CAB) –Special Educational Needs Advice Guide [England & Wales]
www.adviceguide.org.uk/index/family_parent/education/special_educational_needs.htmThis section of the CAB website includes information about: special educational needs; disability discrimination; assessment of your child’s special educational needs; statement of needs; and keeping a statement up-to-date.
Independent Panel for Special Education Advice (IPSEA)
IPSEA provides advice and model letters for parents. Information provided on the website includes: Helplines (for England & Wales, Scotland and Northern Ireland); Assessment and statements of SEN: what you can do; Exclusion support sheets; How to complain; Disability discrimination in schools' and Appealing against a refusal to assess.
Liberty – ‘Protecting civil liberties and promoting human rights’ – Guide to your rights
This section of the Liberty website explains ‘The right to equal treatment: discrimination in education’ including: The duty not to discriminate; Planning duties upon educational establishments; and the Special Educational Needs (SEN) Framework.
Teachernet – A parents’ guide to special educational needs
www.teachernet.gov.uk/wholeschool/sen/parentcarers/This section of the Teachernet website provides answers to some of the frequently asked questions about special educational needs including: What are special educational needs?; If my child has special educational needs, what happen next?; and Who do I contact if I do not think my child's needs are being met?
New Philanthropy Capital (NPC) – Making sense of Special Educational Needs (SEN)
www.philanthropycapital.org/research/research_reports/education/special_educational_needs.aspxThis report examines the services and support available for children with special educational needs (SEN) and their families.
Lamb Inquiry - Special educational needs and parental confidence [Brian Lamb]
www.dcsf.gov.uk/lambinquiry/
The Lamb Inquiry is investigating a range of ways in which parental confidence in the special educational needs (SEN) system of assessment and provision might be improved. The latest documents relating to the Inquiry and more background information is provided on the website. The Lamb Inquiry call for evidence closed on 30 June 2009. Just over 3,400 replies were received: 1,941 from parents, 544 from school staff, 516 from other professionals working with children schools and families and 400 students.
Department for Children, Schools and Families (DCSF) - Special Educational Needs: a guide for parents and carers (Revised 2009)
This guide covers the key points of the Code of Practice, explaining procedures and informing parents of their rights. You can download the English version [00639-2008.pdf] or the English large-print version [00639-2008-LP.pdf] of this publication online at: publications.teachernet.gov.uk/default.aspx
Copies of this publication can also be obtained from: Department for Children, Schools and Families Publications, PO Box 5050,Sherwood Park, Annesley, Nottingham NG15 ODJ
Tel 0845 60 222 60; Fax 0845 60 333 60; Textphone 0845 60 555 60. Please quote ref 00639-2008BKT-EN [ISBN: 978-1-84775-226-0]. The guide is also available from DCSF Publications in Albanian, Arabic, Bengali, Chinese, Gujerati, Greek, Hindi, Kurdish, Portuguese, Pnjabi, Spanish, Somali, Turkish, Urdi and Vietnamese. 
Department for Children, Schools and Families (DCSF) – SEN & Disability Update
www.teachernet.gov.uk/wholeschool/sen/updates/A termly newsletter issued by the DCSF reporting on recent key issues for pupils with SEN and disability. Available as downloads or hard copies.
Parents Centre – Education & Learning – Special Needs – Guidance and Advice for Parents
www.parentscentre.gov.uk/educationandlearning/specialneeds/Includes advice relating to disability and special educational needs (SEN): The definition of disability; Disability help and support; The role of schools; The legal definition of SEN; School transport policy and SEN; Homework for children with SEN; and SEN complaints.
 
 
 

 

 

 
 
 
 
 
 
 
 
 
 
 
 
 

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