Who sat on the statementing panel? How do you find out?

[debs40]

I have friends who have applied for a SA for their child with AS. It was refused but the LA backed down, as usual, when confronted by the evidence from professionals.

They have now refused the statement following the SA. They have tried to find out precisely who was at the meeting and have been told the Principle Educational Psychologist, the Education Officer representing the SEN Service and a teacher from the Physical Impairment Service attended.

However, when asked who else attended, they have been told no records of attendance are kept. The LA say they do not take a register of attendance "because according to the SEN Code of Practice panel can only carry an advisory and moderating role (Code of Practice 7:37,8:9) decisions are the responsibility of the LA Officer who chairs the panel".

Can this be right?? What are your experiences of trying to get access to information from the panel?

The decision lies with the SEN officer. Can they arrange a meeting with him/her to find out the details at to why and to put their points across?

But is the decision not made on the basis of the evidence the SEN officer is given? If you don't know what the evidence is or by whom it has been given, you don't know how the decision was made, whether it took into account irrelevancies or failed to take into account relevant issues. It just seems counter to the rules of natural justice - e.g. openness, transparency etc - she says with legal head on.

Panels are the bane of my life. I have made enemies of many of the panel here because I have got the Education Officer to over-rule the panel's decisions so many times - every time the panel's come back with something stupid, I've filled in Tribunal forms and written to my MP, so they've backed down a lot and that's pissed them off .

However, am currently having another battle with them and, as part of my preparation for my complaint about 5 years' worth of crap from them, I have requested the minutes from each panel meeting under the freedom of information act, and the FOI officer has agreed to provide those minutes. Will be very interesting and would recommend you do the same. I don't believe there are no minutes, I really don't.

But my experience has been crap with trying to get info from them directly. It's been a 'computer says no' experience of being just told 'the panel decided' without reasons given or who decided it. I had to dig to find out who was on the panel. This might be of use to you: "Where a local authority has established a panel to assist in deciding whether to asses, to make a statement and/or in relation to provision, the local authority
retains its responsibilities and therefore the formal decisions must not be
delegated but remain with an officer of the local authority." from www.ipsea.org.uk/AssetLibrary/Downloadable%20documents/DfESletter2LEAs15-Nov-05.pdf It's the reminder that panels are irrelevant, really, and shouldn't become something hide crap decisions behind!

Debs

I have ranted on here night after night about 'Panels' and how the LA attempt to make parents think that Statementing decisions are taken by a panel of experts - when in fact it's the Education Officer who has the statutory responsibility for the decision - nothing to do with the panel whose role is purely advisory.

The LAs were even warned by the Dept of Ed a few years ago that they should not [its words] "hide behind panels".

However, I would argue that a parent does have the right to know who was on the Panel that 'advised' the Education Officer and therefore partially (if not wholly) informed her decision.

You could try FOI but you say they don't keep records. In that case i woudl take the matter up with my Local Councillor as they should keep records.

It's the blatent dissembling and lack of transparency that really gets me.

giveme

Sorry I didn't see your post before I launched in (repeating much of what you already said) - but thank you for putting the link in as I have been searching IPSEA's site on may occasions trying to find it.

I've saved a copy to my hard drive now