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SENDIST

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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SENDIST

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  1. 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

  2. OUTLINE OF THE PRESENTATION Organisation and work History SENDIST Tribunal reform Overview SEN national framework Disability Discrimination claims SEN appeals

  3. 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

  4. 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

  5. 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

  6. HOW THE TRIBUNAL IS ORGANISED SENDIST

  7. 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

  8. 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)

  9. 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

  10. 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

  11. SENDIST HIGH COURT APPEALS 2004/05

  12. SEN APPEALS REGISTERED SENDIST

  13. TYPES OF APPEAL 2004-05 SENDIST

  14. PERCENTAGE OF APPEALS AGAINST REFUSAL TO ASSESS SINCE 1994 SENDIST

  15. 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

  16. NATURE OF SEN

  17. SENDIST NATURE OF SEN

  18. PERCENTAGE OF APPEALS ABOUT AUTISM SINCE 1994 SENDIST

  19. OTHER CHANGES SENDIST

  20. RESOLUTION OF APPEALS 2004/05 SENDIST

  21. 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

  22. SENDIST CLAIMS REGISTERED

  23. 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

  24. DISABILITY DISCRIMINATION CLAIMS Who deals with claims? SENDIST

  25. WHO IS THE RESPONSIBLE BODY? SENDIST

  26. 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

  27. OUTCOME OF CLAIMS 2004/05 SENDIST

  28. 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

  29. SENDIST TRIBUNALS SERVICE LEADERSHIP Senior President designate: Lord Justice Carnwath Chief Executive designate: Peter Handcock

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

  31. SENDIST FOR MORE INFORMATION www.sendist.gov.uk

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