What the Tribunal can and cannot order in law.
The Local Authority has a duty to do what has been ordered and has a limited time within which it must carry out our order. Our guidance booklet (Carrying out our order - SENTW 15) can be downloaded below or, if you would like a copy sent to you, please contact us.
If the local authority (LA) has refused to arrange an assessment for your child, we can order it to do so.
Refusal to statement or cease to maintain
If the LA has refused to make a statement, the Tribunal can order it to do so. The Tribunal cannot, in this instance, tell the LA what should go into the statement.
If the LA decides not to maintain the statement, the Tribunal can order it to maintain the statement.
Contents of the statement
If the LA has made a statement for your child, has amended the statement or refused to amend the statement following an assessment, the Tribunal can order changes to:
- part 2 (needs - why your child needs help)
- part 3 (provision - the help which should be given)
- part 4 (placement - where your child should go to school).
Disability discrimination claims
The Responsible Body has a duty to do what has been ordered and has a limited time within which it must carry out our order, this time period will be detailed in our order. Our guidance booklet (Carrying out our order - SENTW 16) can be downloaded below or, if you would like a copy sent to you, please contact us.
If the Tribunal decides that there has been disability discrimination, we can order any action we consider reasonable to put right the effect of that discrimination. The Tribunal cannot order financial compensation.
Examples might include:
- training for school staff
- drawing up new guidance for staff
- additional tuition, to make up for lost learning
- a written apology
- trips or other opportunities to make up for activities that your child may have missed.