Beatson J considered the extent of reasons to be given by a SENDIST for its decision: ‘Reasons must, first, deal with the substantial points that have been raised so that the parties can understand why a decision has been reached. This is seen from S (A Minor) v Special Educational Needs Tribunal and Another [1995] 1 WLR 1627, sub nom S v special Educational Needs Tribunal and City of Westminster [1996] ELR 102 and M v Worcestershire County Council and Evans [2002] EWHC 1292 (Admin), [2003] ELR 31. In H v Kent County council and the Special Educational Needs Tribunal [2000] ELR 660, Grigson J stated that what was necessary was that the aggrieved party should be able to identify the basis of the decision. Secondly, a specialist tribunal, such as SENDIST, can use its expertise in deciding issues, but if it rejects expert evidence before it, it should state so specifically. In certain circumstances it may be required to say why it rejects it: see H v Kent County Council, per Grigson J, at para [50]. Thirdly, mere recitation of evidence is no substitute for giving reasons: see L v Devon County Council [2001] EWHC Admin 958, [2001] All ER (D) 155 (Nov), per Gibbs J, at para [50]. Fourthly, and linked to the second point, where the specialist tribunal uses its expertise to decide an issue, it should give the parties an opportunity to comment on its thinking and to challenge it. That is established in the Mental Health Review Tribunal context by R v Mental Health Review Tribunal ex parte Clatworthy [1985] 3 All ER 699, and in the context of this tribunal in M v Worcestershire County Council and Evans.’
Judges:
Beatson J
Citations:
[2003] EWHC 2907 (Admin), [2004] ELR 161
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – H v East Sussex County Council and Others CA 31-Mar-2009
The claimant had a statement of special educational needs, which she sought to have altered to specify a different school. She appealed from a refusal to amend the statement, saying that the Tribunal had not given sufficient weight to educational . .
Lists of cited by and citing cases may be incomplete.
Education
Updated: 08 June 2022; Ref: scu.189136