EDUCATION

Special Educational Needs Tribunal - tribunal on appeal against refusal to issue statement of special educational needs remitting matter to local education authority for reconsideration - no jurisdiction to entertain appeal against decision not to issue statement following reconsiderationO v Harrow London Borough Council and another: QBD (Mr Justice Maurice Kay): 12 July 2001The parents appealed to the Special Educational Needs Tribunal under section 325 of the Education Act 1966 against the local education authority's decision not to issue to a statement of special education needs for their child aged younger than 10.The tribunal remitted the case to the authority for reconsideration under section 325(3).

The authority considered that the criteria for issuing a statement was not satisfied and issued an amended note in lieu.The parents instituted a second appeal to the tribunal under section 325, which conferred on parents a right of appeal where 'after making an assessment under section 323' the authority declined to make a statement.

The tribunal ordered that the appeal be struck out for want of jurisdiction.The parents appealed on the ground that what had taken place following the order remitting the case for reconsideration was a fresh decision attracting its own right of appeal under section 325.John Friel (instructed by Blackwell Partnership) for the parents.

Richard McManus QC (instructed by Solicitor to Harrow London Borough Council, Harrow) for the local authority.Held, dismissing the appeal, that there was no right of appeal to the tribunal other than under section 325(1)(2); that the authority's first decision was not to be treated as a nullity and so the second decision not to make a statement did not come 'after making an assessment under section 323'; and that, accordingly, the tribunal had no jurisdiction to entertain the second appeal.