can the LEA do this? is it legal?

[billiejeanbob]

I am appealing parts 2 and 3 of dds statement via sendist.

the lea have disclosed my independent reports to a senco at another school who hasnt ever met dd. this senco has then written a report disputing my indies qualifications and the provision recomended. the lea have submitted this as evidece.
are they allowed to disclose confidential reports about my dd to professionals not involved in our case? this is the first time I have ever heard of this senco, she hasn't met dd and doesn't work at dds school.

Is that school a possible placement for your daughter? Posisbly that is why the senco was involved?

I don't think they can share your dd's info without your permission. You may have signed something at some point though.

How can a SENCO be qualified to dispute a professional report anyway?

no this school is not an option for dd.
dd was assessed by an indie EP registered with dyslexia action and qualified to dx specific learning difficulties - dyslexia etc.
indie EP has dx dd with dyslexia and recomended direct 1:1 with a qualified dyslexia teacher. LA have had their EP assess and agree with the dyslexia dx. the LA have now disclosed the indie EP report plus indie slt report to senco from another school. I have no involvement with this school, I didnt even know that it existed until I read the sencos report.
they have contacted this particular senco as she is a qualified dyslexia teacher aswell as senco. this senco then disputes that the indie EP is not qualified to teach dyslexia yet she is. also she does not think that the statement should specify an hour 1:1 a week with a qualified teacher as she is concerned that dd wont be able to concentrate! she has never met dd!

have just checked paper work and the only thing I have signed reads
'I understand that consideration of this request for statutory assessment and any subsequent decisions in relation to provision will be undertaken by a multi agency panel and I agree to relevant information being shared with those panel members.'
I signed this a year ago. would a senco likely to be a panel member?

They seem to be using this SENCO as a witness for their case. Are they intending to call her as a witness? If they are using her as an expert witness then I think they can share it.

This is a different scenario than sending documents to schools to see if they can meet your childs needs, in that situation they could only send evidence gained as part of statutory assessment & would need consent to send other docs - but I agree they should ask permission anyway - we found out Council sent DS evidence from SA to three local schools without telling us and it is horrible to think of all his personal information doing the rounds.

in reality the indie EP wasn't recommending she herself did the teaching just that she needs specialist teaching - this is how most indie EP would write a report - my own dyslexia action report is the same as as for her saying not specify the 1:1 as she wouldn't be able to concentrate - and yet they expect them to do it in a busy classroom. my dd does have an hour 1:1 which we pay for and have to say it works really really well - do you actually know what this senco qualifications are? my understanding is that they have to have a level 7 qualification so I would be inclined to find that out. are they calling her to tribunal?

billie It is possible that the SENCO sits on the panel!! Ours does.

I had an issue during tribunal when the panel member disputed the fact that Dd3 was dyslexic and had a confrontation with our Indie EP!!

She also said that Dd3 needs 1:1 for a minimum of 45mins per week, this has been supported by a second Indie EP who did a top up for us but not by the LA EP!

It is a minefield, good luck

no the LA are not calling the senco as a witness, they are taking their EP and senco from dd's school.
the senco that has written the report has never met dd so I am suprised that she has been asked for advice!
BJK yes our indie EP is recomending that dd has an hr a week of 1:1 with a specialist and qualified dyslexia teacher, she didnt ever state that it would be herself who would carry this out. this was be impossible anyway considering she is from another LA at the opposire end of the country!
im not too concerned about the concentration remark as the LA EP and CT plus indies all remark at how well dd was able to pay attention and concentrate during assessments, some of which lasted for over 2 hours (LA EP!)
I am going to email this senco and ask if she sits on the panel.
Also the LA have copied another person not included in dds case, a different statementing officer with a v similiar name to senco at dds school, into the email with all reports attached.

oh and also I should add that the LA have accepted that dd is dyslexic, this is agreed within the working document. its just the provision that is being disputed. the LA claim that a TA is adequate provison yet dd has had this for a year and not progressed. dd is going into year 4 in sept and is still a P8-1c for reading. indie report states that only 1% of children with the same cognitive ability as dd would be achieving at a level so low. dd is also a level 2A for maths.

If you have ever had a CAF or a TAC or any other Multi-agency meeting early on in the process it is possible in your naïve moments of hope that you signed an agreement for them to share all your information around freely.

the SENCO may be a dyslexia teacher, but doubt she would be qualified to dispute a report written by a chartered Ed Psych or SALT! From our recent SEND tribunal experience, the only assessment that carried any weight was that of another chartered professional (Ed Psych, SALT) or our ABA consultant. I don't know who is advising you but you can submit counter evidence, the SENCOs written evidence will be disclosed to you as part of the tribunal bundle ahead of hearing and you can respond to that, even very late in the proceedings. Find out the SENCO's professional qualifications and experience, write a well articulated counter argument, hopefully that will shut it down!

star I havent ever been to a caf or tac, the only paperwork I have signed is permission for info to be shared with the panel.
I find it hard to believe that this senco has tried to over rule the indie EP and SLT, especially considering she hasnt ever met my dd! my indies are replying to their reports anyhow so im not too concerned.

Hello

I work in Education Law so have come across issues like yours previously.

You can certainly pursue the disclosure of information to the SENCO without your permission but the Tribunal dont have the power to deal with that.
As for how to deal with the SENCOs report within your appeal, you should ask the panel to attach no/little weight to it based on counter evidence; its worth getting comments/response from your independent experts to the SENCOs report. Also might be worth getting advice from an independent specialist dyslexia teacher. If they havent provided it already, Id ask the LA to provide SENCOs CV/credentials so you can form appropriate counter arguments.

Hope that helps.