SEN children could appeal at tribunals

By Lauren Higgs Wednesday, 28 May 2008

Children with special educational needs (SEN) could be given the right to appeal to SEN tribunals, under innovative plans from the Welsh Assembly Government.

Lamb: children must be given the necessary support

An assembly government consultation, released last week, suggests children with SEN should have the right to appeal for themselves because "current arrangements rely on the presumption that statutory agencies will be competent in their practice and administration, and that parents will act to promote the best interests of their children".

SEN tribunals currently allow only parents to appeal against decisions made by local authorities. If proposals go ahead, children who are deemed competent to represent themselves will have the same rights at tribunals as parents.

However, they will be able to appoint someone to act as an advocate on their behalf, if they do not want to address the tribunal in person.

Keith Bowen, manager of Contact a Family Wales, said: "It is quite odd that children haven't been given a stake in what happens with their education already. This consultation provides an opportunity to look at how more children's voices can be heard."

Denise Inger, director of Snap, a Welsh charity that provides support to families of children with SEN, agreed that children should be involved in any decision making that affects their education. However, she added it is important this happens in the early stages of any dispute, not just when a case reaches an appeals tribunal.

Inger also expressed concerns about the practicalities of supporting children who choose to represent themselves: "It's hard enough for parents; children will need high levels of support."

Brian Lamb, chair of the Special Educational Consortium, echoed Inger's concern about the support required for any child becoming involved with tribunals. "What we don't want is children becoming burdened with this process. It's no use giving a child rights unless you're going to provide the necessary support," he said.

However, Lamb, who is reviewing the SEN system in England for the government, said the idea is excellent in principle and something the English government should consider.

- www.cypnow.co.uk/doc.