Part of 2. Questions to the Counsel General and Minister for the Constitution – in the Senedd at 2:41 pm on 24 November 2021.
Okay. Thank you. My final question, a slight change of tack, but the latest Special Educational Needs Tribunal for Wales's annual report shows that of the 149 applications not still pending at the time of the publication, only 21 were dismissed, suggesting that the SEN system's operation was broken. Concluding my response to you in yesterday's debate on the president of the Welsh Tribunals' annual report, I stated that the report refers to the Special Educational Needs Tribunal for Wales, SENTW, referring to the clear need to ensure that the education of vulnerable children is not compromised, and to the transition from SENTW to the education tribunal. In this context, it is of extreme concern to the families I've represented that neither SENTW, nor it successor body, can take any further enforcement action when the relevant public bodies fail to carry out their orders.
This has been a recurrent theme in my casework past and present. The tribunal has confirmed that the new legislation does not change how compliance with tribunal orders are dealt with. Although the orders are legally binding, the tribunal still has no enforcement powers. However, as with any public administration, a judicial review could be brought against the local authority in the High Court, which is clearly beyond the means of the vast majority of affected families. What action, if any, do you therefore propose to address this?