HC Deb 17 February 1982 vol 18 c158W
Mrs. Shirley Williams

asked the Secretary of State for Education and Science if he will list in the Official Report the statutory provisions, including any provisions in delegated legislation which relate to the provision by local education authorities of full—time education for mentally handicapped pupils who have reached the age of 16 years and wish to continue to receive such education until the age of 19 years or beyond.

Mr. Waldegrave

The relevant statutory provisions are to be found in the Education Act 1944. These are section 7—local education authority provision generally—section 8, 33 and 56—primary and secondary education—and sections 41 and 42—further education. The regulations made under section 33 are the Handicapped Pupils and Special Schools Regulations 1959, as amended.

The Education Act 1981 will apply to those having special educational needs and who are either of compulsory school age or still at school over that age. It will change some of the provisions just mentioned but is not yet in force.

The Government recognised the unsatisfactory nature of the present law on further education in paragraph 52 of the White Paper "Special Needs in Education" (Cmnd. 7996) and the need to review the legal framenwork more widely. Proposals for changes in the law were set out in the discussion document "The Legal Basis of Further Education", the publication of which was announced to Ale House on 17 June last. My right hon. Friend is now considering the comments received on this document including those relating to special needs in further education.