When navigating the complex landscape of Special Educational Needs and Disabilities (“SEND”) law, having the input of experts can be invaluable. In particular, they can provide critical insights which can help to determine the outcome of an appeal. The three types of expert most commonly encountered by parents and carers of children and young people with SEND are Educational Psychologists, ("EP") Occupational Therapists ("OT") and Speech and Language Therapists ("SALT"). All experts are not the same, however, and in order to get the best out of any expert it is important to bear in mind the following points:
Each expert has a specific remit or area of expertise, and understanding this is crucial to ensuring that their input is relevant and purposeful. For instance, an Educational Psychologist focuses on learning processes, and whilst this may include reference to language and communication difficulties, a Tribunal is likely to accord more weight to such evidence if it comes from a Speech and Language Therapist who specialises in this area.
Experts need to understand how to write their reports for Tribunal appeals and how such reports differ from those they might write for parents/carers and schools. Tribunal reports should of course address the expert's findings in relation to a child or young person’s needs, details of the provision to meet those needs and the outcomes that can be expected. Crucially, the provision stipulated should be specified and quantified in terms of frequency, duration and delivery. For example, instead of recommending regular speech therapy, a Speech and Language Therapist should refer to the need for a 30-minute session of 1:1 speech therapy, twice a week, delivered by a qualified SALT.
Findings and recommendations should be backed up by reference to objective evidence. This could include results from assessments, observations, and/or research studies. Evidence strengthens the credibility of the expert's report and makes it more persuasive in an appeal. If you are unclear on how an expert has arrived at their conclusions don't be afraid to ask them to clarify what they have written. If it is not obvious to you the chances are it will not be obvious to the local authority or Tribunal either.
Experts should be prepared to speak to their report at a final hearing (even though the majority of appeals do not get that far) and this should be something you confirm before instructing them. They should be confident in explaining their findings, justifying their recommendations, and answering any questions that may arise.
SEND Advocacy can advise on the right experts to instruct and the right questions to ask them. We can also help you to make sense of any reports you obtain or already have. If you need someone in your corner to help you secure the education your child deserves, contact us today.
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