Missed Opportunities: What can be learnt from EPs' experiences at SEN tribunals?

This article explores the experiences of eight Educational Psychologists (EPs) in the UK who acted as expert witnesses at Special Educational Needs and Disability Tribunals (SENDIST) hearings in the last 12 months on behalf of their employing Local Authority (LA). A thematic analysis of semi-structu...

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Bibliographic Details
Published in:Educational psychology in practice 2018-07, Vol.34 (3), p.300-314
Main Authors: Yates, Mary-Lynn, Hulusi, Halit M.
Format: Article
Language:English
Subjects:
Appeals
Arbitration
consultation
Court Litigation
Decision Making
Disabilities
Educational Legislation
Educational Needs
Educational Psychologist
Educational Psychology
expert witness
Expert witness testimony
Expertise
Federal Legislation
Foreign Countries
Hearings
Information Dissemination
Interviews
Lawyers
local authority educational psychologists
Locus of Control
mediation
Psychologists
Resistance (Psychology)
Role Conflict
Semi Structured Interviews
SEN tribunals
Special Education
Special Needs Students
Supervision
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Summary:This article explores the experiences of eight Educational Psychologists (EPs) in the UK who acted as expert witnesses at Special Educational Needs and Disability Tribunals (SENDIST) hearings in the last 12 months on behalf of their employing Local Authority (LA). A thematic analysis of semi-structured interviews with all eight EPs indicated two super-ordinate themes related to process and professional role. This included challenges with the quality of instructions, information sharing and a failure of mediation. An overarching theme suggested a sense of dissonance related to EPs' perceived professional role as co-constructors of solutions, and the demands placed upon them by the adversarial appeals process. This paper explores possible ways in which to refocus the EP role in tribunals in order to support LAs to manage the appeals process more effectively. Furthermore, it is suggested that Educational Psychology Services should consider developing a formal commissioned role with LAs that positions mediation at the heart of EP tribunal work.
ISSN:0266-7363
1469-5839
DOI:10.1080/02667363.2018.1459497