§ Baroness Darcy de Knaythasked Her Majesty's Government:
Whether the proposal in the new draft code of practice on the assessment of children with special educational needs to replace the word "specify" with the words "set out" in both the Special Educational Needs Regulations and the code is intended to change the current legal position whereby special educational provision specified in a statement should normally be quantified (as per the advice in paragraph 4:28 of the existing code and the judgment in L v. Clarke and Somerset County Council 1998). [HL3526]
§ Baroness BlackstoneThe Government have no plans to change Section 324 of the Education Act 1996, which requires the special educational provision in a statement of special educational needs to be specified. Neither the 1996 Act nor the Education (Special Educational Needs) Regulations 1994 require provision to be quantified. We are consulting on a proposal to change the wording of the code of practice on the identification and assessment of special educational needs and the Education (Special Educational Needs) Regulations 1994 to simplify the language used. Under our proposals it would still be appropriate for local education authorities to set out provision in quantified terms in cases where it is necessary, but not so in others. We will consider carefully all of the responses to consultation on this and other issues.
§ Baroness Darcy de Knaythasked Her Majesty's Government:
Whether they propose to amend Section 324(3)(b) of the Education Act 1996 to remove local education authorities duty to "specify" special education provision in a statement and replace it with the duty to "set out" special educational provision in order to bring the Act in line with the proposed new regulations. [HL3527]
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§ Baroness BlackstoneThe Government are not currently proposing changes to Section 324 of the Education Act 1996.
§ Baroness Darcy de Knaythasked Her Majesty's Government:
Whether they will provide the text of the legal advice on which the Department for Education and Employment is basing its opinion that there is no difference in meaning between the word "specify", as this is used in the schedule (Part B) to the Education (Special Educational Needs) Regulations 1994 and the words "set out", which they propose as a replacement for "specifying" in the amended regulations [HL3528]
§ Baroness BlackstoneNo, we do not feel it would be appropriate to publish advice.
§ Baroness Darcy de Knaythasked Her Majesty's Government:
Whether they will provide the list of voluntary organisations and parents' groups who have been sent the consultation draft of the new code of practice on special educational needs. [HL3529]
§ Baroness BlackstoneThe initial list of voluntary organisations, parent groups and organisations with a special interest in special educational needs who have received the draft copy of the revised SEN code of practice is shown in the following list. The noble Baroness should be aware that there will he others who will have requested copies from our publications centre.
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- Parent groups
- Parents Initiative
- Parent Network
- Advisory Centre for Education (ACE)
- Campaign for Real Education (CRE)
- Campaign for the Advancement of State Education (CASE)
- The National Association for Able Children in Education (NACE)
- The National Association for Gifted Children (NAGC)
- The Support Society for Children of High Intelligence (CHI)
- European Council for High Ability (ECHA)
- The Institute of High Ability
- National Confederation for Parent Teachers Association (NCPTA)
- Parentline
- Parents for Inclusion
- Alliance of Parents and Schools
- Education Forum
- Home and School Council
- Special education and related groups
- National Society for Epilepsy
- National Association for Mental Health (MIND)
- Mental Health Foundation
- Royal Society for Mentally Handicapped Children and Adults (MENCAP)
- SCOPE
- Royal Association for Disability and Rehabilitation (RADAR)
- National Society for Mentally Handicapped People in Residential Care
- Royal Association in Aid of the Deaf
- National Deaf Children's Society
- British Deaf Association
- National Deafblind and Rubella Association (SENSE) NSC of Hospital Teachers
- British Association of Teachers of the Deaf
- Royal National Institute for the Deaf
- Association for all Speech Impaired Children (AFASIC)
- College of Speech Therapists
- Association for Professional Music Therapists in Great Britain
- Royal National Institute for the Blind (RNIB)
- Opsis
- College of Teachers of the Blind
- British Dyslexia Association
- Dyslexia Institute
- Dyspraxia Foundation
- National Autistic Society
- Association of Workers with Children with Emotional and Behavioural Difficulties
- Association for Education Welfare Management (AEWM)
- Association of Educational Psychologists
- British Psychological Society
- National Association for the Education of Sick Children
- National Standing Conference of Hospital Teachers
- Northern Association of Hospital Managers
- London Association of Hospital and Home Teachers
- British Diabetic Association.
- LEA Special Educational Needs Support Service Teams
- Special Educational Needs Tribunal
- Special Educational Needs Interest Group
- Association of Independent Residential Special Schools
- National Association for Special Educational Needs (NASEN)
- National Association of Advisory Officers for Special Educational Needs
WA60 - Special Education Needs Advisory Council (SENNAC)
- Council for Disabled Children
- Alliance for Inclusive Education
- IPSEA