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SEN lawyers secure successful tribunal appeal for client with cerebral palsy

A client with severe learning difficulties has settled into her new school

25 January 2016

Anna Moore and Charlotte Skouby acted for RB, a girl with cerebral palsy and severe learning difficulties, in respect of a successful tribunal appeal in relation to her special educational needs (SEN).
RB’s parents first raised concerns about the suitability of her school in light of her stagnating progress and concerns about her physical safety at school.

RB has complex needs associated with a brain injury she sustained at the time of her birth. Her parents had noticed on a number of trips into school that RB was isolated and unstimulated within the classroom of her maintained special school and that she did not appear to have an appropriate peer group.

We instructed an independent Educational Psychologist to review the ongoing suitability of RB’s placement at the school whose advice was used to inform a formal request for statutory re-assessment which the responsible Local Authority eventually conceded to. RB’s parents then located a more suitable environment for RB.
Regrettably even after issuing a revised Statement, the Local Authority failed to move RB to a more suitable environment and she continued to struggle with an inappropriate placement. An application to the Tribunal was issued.

Anna instructed an expert physiotherapist, occupational therapist and speech and language therapist to assess whether RB’s needs were being met. All three concluded that they were not being fully met in the current environment.

Eventually, the Local Authority agreed to amend RB’s Statement so it accurately reflected her needs and to move her to a more suitable environment where she has access to required therapies and support. RB started at her new school in September 2015 and is reported to have settled in wonderfully.


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