Dyslexic son failed 11+ (BUCKS) Please see enclosed details
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I think I need in writing (Disability rights commission) that he is disabled.
Sugar, I don’t think they will do this as each case is considered on its own merits – there is no carte blanche coverage, they will only give you a ‘balance of probabilities’ answer. The only way to get an individual case acknowledged is through the courts. As I suggested previously, talk to the Disability Rights Commission on the phone and tape the conversation.
Etienne, I know the appeal panels in Bucks seem to be all-powerfulIt's for the panel to decide whether the Disability Discrimination Act applies.
but I don’t think you quite mean this, do you? It’s for the law to decide whether the DDA applies; it’s for the panel to decide on the implications of this decision.Hi Rob and Etienne,
Called the Disability rights commission today and they said they could not make the call only through a tribunal could a judgement be made. That the school were the responsible body to made any ajustment for disability and I should send a letter(recorded delivered) to the school asking why this did not happen. But I know that the school applied and that the admissions team refused!
Any thoughts?
Called the Disability rights commission today and they said they could not make the call only through a tribunal could a judgement be made. That the school were the responsible body to made any ajustment for disability and I should send a letter(recorded delivered) to the school asking why this did not happen. But I know that the school applied and that the admissions team refused!
Any thoughts?
Rob
I wouldn't want to suggest that IAPs are omnipotent!
I was trying to reassure Sugar that she doesn't have to prove disability (although, clearly, any evidence she can produce will be helpful). She can let the panel consider all the facts of the case and take a decision.
An appeal panel is a tribunal with a quasi-judicial function. For the purposes of an appeal it seems to me that the panel is required to decide whether the child has a disability as defined in the DDA, and, if so, whether discrimination has occurred. I would accept that this is just the panel's view, and relates only to the case in question.
Sugar
I assume this is a Bucks LA primary school, in which case the LA is the responsible body. This is a matter that can be considered at the appeal where the LA will be represented. I would expect the appeal papers to include a form explaining (very briefly) why the school's request on your behalf was turned down. I don't think there is anything more you can do about it at the moment, so please don't worry.
I wouldn't want to suggest that IAPs are omnipotent!
I was trying to reassure Sugar that she doesn't have to prove disability (although, clearly, any evidence she can produce will be helpful). She can let the panel consider all the facts of the case and take a decision.
An appeal panel is a tribunal with a quasi-judicial function. For the purposes of an appeal it seems to me that the panel is required to decide whether the child has a disability as defined in the DDA, and, if so, whether discrimination has occurred. I would accept that this is just the panel's view, and relates only to the case in question.
Sugar
I assume this is a Bucks LA primary school, in which case the LA is the responsible body. This is a matter that can be considered at the appeal where the LA will be represented. I would expect the appeal papers to include a form explaining (very briefly) why the school's request on your behalf was turned down. I don't think there is anything more you can do about it at the moment, so please don't worry.
Etienne
Not quite! 
I was trying to reassure you that you've done everything possible.
On the basis of the evidence, the panel will have to make its mind up about:
I was trying to reassure you that you've done everything possible.
On the basis of the evidence, the panel will have to make its mind up about:
- 1. Is there a disability within the meaning of the DDA?
2. If so, did did the authority fail to make reasonable adjustments when it knew, or could reasonably have been expected to know, about the disability?
3. If reasonable adjustments were not made or were inadequate, on the balance of probabilities would a successful mark have been achieved if the adjustments had been in place? (This is where the gap between the mark achieved and the qualifying score is considered.)
Etienne
Hi Etienne,
I have bee looking at your response for a while now and trying to under my next steps. I guess what you said was I have all I need and I just need to present the facts at the appeal and hope the panel come to the right conclusion.
I know as part of the process we get to ask the LEA rep. questions. Should I ask why they did not give extra time?
X
I have bee looking at your response for a while now and trying to under my next steps. I guess what you said was I have all I need and I just need to present the facts at the appeal and hope the panel come to the right conclusion.
I know as part of the process we get to ask the LEA rep. questions. Should I ask why they did not give extra time?
X
Sugar
At the moment my feeling is you should let the panel ask the questions about disability.
On a separate matter, looking back at the first page, could you check whether you entered the following correctly:
At the moment my feeling is you should let the panel ask the questions about disability.
On a separate matter, looking back at the first page, could you check whether you entered the following correctly:
I don't understand how 106 could be the 91st percentile.Processing speed Index 106 %ile rank 91
Etienne
Hi Etienne,
Yes you are quite right it should read;
Processing Speed Index Composite score 106, Percentile rank 66, (95% CI 96 - 114)
I have checked the rest and it is correct.
Another question for you, What about the Education Act 1996 which says that 'if he has a significantly greater difficulty in learning than the majority of children of his age'...special educational provision should be provided.
Does that mean disability does not need to come in to it?
Yes you are quite right it should read;
Processing Speed Index Composite score 106, Percentile rank 66, (95% CI 96 - 114)
I have checked the rest and it is correct.
Another question for you, What about the Education Act 1996 which says that 'if he has a significantly greater difficulty in learning than the majority of children of his age'...special educational provision should be provided.
Does that mean disability does not need to come in to it?
