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ANNEX C WORKING WITH AN INDEPENDENT ADJUDICATOR
Education authorities may wish to consider the following suggestions which are aimed at ensuring effective communication between the independent adjudicator and the education authority.
1. NOMINATED CONTACT POINT
An education authority may wish to identify an appropriate officer within the authority to act as a point of contact in relation to the dispute. Independent adjudicators then have one point of contact and would be in a position to respond more quickly if difficulties arise, for example, with the case papers. The authority can then be confident that lines of communication between themselves and the independent adjudicator are clear. They may also wish to inform the applicant of the nominated officer so that all those involved are clear who can provide information about progress of the case.
2. AUTHORITY'S PRESENTATION OF INFORMATION AND SUPPORTING MATERIAL
Information to be provided
Regulation 8 prescribes the information that has to be provided to the adjudicator-
- the application and any supporting material;
- the education authority's response; and
- any further observations or supporting material as submitted by the applicant or authority.
Key issues to consider when compiling this paperwork-
To assist in the effective organisation of the papers, education authorities should, in submitting their papers:
- provide a table of contents;
- set out education authority papers and any further observations/supporting material in chronological order;
- clearly identify the author and date of each paper; and
- ensure all key and only relevant documents/evidence are included
Provide a clear narrative and chronology of each case
The independent adjudicator's understanding of the case will be assisted if it is laid out in chronological order and builds up a picture of the case. It is not necessary in all cases to provide an account of the history of the child or young person. The independent adjudicator is not assessing the child or young person and their additional support needs, but is considering the relevant points in resolving the dispute. The narrative may include some or all of the following:
- dates of significant events such as, for example, assessments, reviews, decisions to establish an individualised educational programme, action plan or other forms of support plans and the personnel involved;
- the type of school or unit attended by the child or young person and whether on a full time or other basis;
- the nature and extent of the involvement of education support services, in most instances only at the time of the application;
- the nature and extent of the involvement of other agencies, if applicable;
- the needs of the child or young person and the forms of support identified as being necessary to meet these needs;
- arrangements in place for monitoring, evaluating and reviewing the effectiveness of support;
- the education authority's involvement of and communication with the parents and the child or young person; and
- all relevant information regarding attempts to resolve the dispute by other means eg meetings with parents at school/authority and use of independent mediation.
Glossary of terms
Independent adjudicators will not necessarily be knowledgeable about the terms used by an authority in relation to its specific practices. For example, the term "learning support" can refer to different services depending on the authority. It avoids any confusion if the authority specified what is meant in their authority by particular terms.
Information on an education authority's policies and procedures-
Where an education authority makes reference to the authority's policies and procedures in relation to a case, it would be helpful to supply documentation explaining the policy and procedures. Care should be taken to limit the documentation to only those parts which are relevant or ensure that relevant paragraphs are clearly flagged
Evidence to support decisions
Where an education authority are submitting documentation in relation to decisions made by the authority those decisions should be linked to the circumstances of the application. An authority should also indicate how their decisions relate to the 2004 Act and other relevant legislation, including the authority's view of the relevant provisions of the 2004 Act, dispute resolution regulations and code of practice.
It is not possible to predict exactly the documentation required in each case, as each case has to be considered on its own facts.
However, relevant documents may include the following:
- relevant correspondence with the parent or young person;
- summaries of meetings including relevant conclusions and recommendations;
- assessment reports which relate to the identification and assessment of the child or young person's additional support needs;
- individualised educational programmes or other planning documents related to how the school and authority is meeting the needs of the child or young person; and
- relevant details of arrangements for the admission of a child or young person to school or transition from one stage of education to another.
Note : The education authority should ensure that all the papers they submit to the independent adjudicator have been made available to the applicant who should have had an opportunity to make their observations on them.
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