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PostPosted: Mon Jul 09, 2018 6:31 am 
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Joined: Mon Jan 24, 2011 4:33 pm
Posts: 1705
PlaceQuest wrote:
Do you have anything to back up your opinion that academic evidence is required in disability cases where the child performed at their best on the day of the entrance test? Your opinion would appear to be against the plain words of section 3.13 of the School Admission Appeals Code.

No, I don’t because I’m neither a solicitor nor an expert in school appeals. All I have to go on is my own experience and that of others. If that’s not qualified enough I understand and will happily withdraw my input from your case. I wish you well and hope your son settles at whichever school he attends in September.


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PostPosted: Mon Jul 09, 2018 7:03 pm 
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Joined: Sat Apr 14, 2018 3:36 pm
Posts: 33
anotherdad wrote:
No, I don’t because I’m neither a solicitor nor an expert in school appeals.

Sorry anotherdad I had assumed that you were an appeal panel member? They may not be solicitors, but they have to know the relevant law to be able to do their job.
I agree with your view when it involves temporary disadvantage, I'm sorry I couldn't convince you that disability is a special case.

anotherdad wrote:
I wish you well and hope your son settles at whichever school he attends in September.

Many thanks for that, I wish you well too and I'll let you know how things go.


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PostPosted: Mon Jul 09, 2018 9:39 pm 
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Joined: Fri Sep 29, 2017 2:14 pm
Posts: 126
I'm not an expert, but I am aware that disability definition is not as clear cut as it might first appear.

Difficulties which can be defined as SEN are not automatically defined as a disability. Disabilities are not automatically SEN. IPSEA might be able to advise on your particular case if you provide them with details.

The JCQ say "Access Arrangements allow candidates/learners with special educational needs, disabilities or temporary injuries to access the assessment without changing the demands of the assessment." Note that SEN and disability are listed separately. Also Access Arrangements are not the same as Reasonable Adjustments under the Equality Act, which are defined separately.

For example a diagnosis of autism is automatically SEN but is not automatically a disability - it would be associated issues such as lack of awareness of danger, additional care needs etc which lead it to be considered as such - and then be evidenced by award of DLA.

You say you provided information about the symptoms rather than a diagnosis (which is the correct way of going about things) but do those symptoms amount to a disability as opposed to SEN? However, as usual, it comes down to the quality of your evidence. You may have mentioned disability in the appeal hearing, but if you didn't provide evidence to support that, the panel presumably could not take that into account.

Sorry it hasn't worked out for you


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