HC Deb 09 February 2004 vol 417 cc1185-6W
Mr. Flook

To ask the Secretary of State for Education and Skills (1) whether he enforces the statutory guidance document on access to education for children and young people with medical needs of November 2001; [151853]

(2) when he last had reason to intervene in a local education authority's failure to implement the statutory guidance contained within the access to education for children and young people with medical needs document of November 2001; how many times in each of the last two years he has had to intervene; and what plans he has to update these guidelines. [151854]

Margaret Hodge

In November 2001, the Department for Education and Skills, jointly with the Department of Health, published statutory guidance, "Access to Education for Children and Young People with Medical Needs", which sets out national minimum standards of education for those children and young people who cannot attend school due to illness. This is statutory guidance and local education authorities (LEAs) must have regard to it. The needs of this group of children and young people are often complex. There is therefore an expectation that LEAs should be sensible in their implementation of the guidance.

The DfES has been working to ensure that LEAs and schools are aware of their responsibilities under the guidance. The DfES has sponsored research on mapping best practice, including self evaluation tools for those working in the field. Also, Ofsted published last year a survey report on education provision for children with medical needs. A series of seminars is planned this year to disseminate the findings and recommendations of the Ofsted report and to further raise awareness of the statutory guidance.

The guidance flows from section 19 of the Education Act 1996, which places a duty on LEAs to provide "suitable education" for children of compulsory school age who cannot attend school because they are ill or excluded. The Secretary of State has not issued any directions to LEAs in the last two years for failing to provide suitable education for children who cannot attend school due to illness.

Feedback on the guidance from those working with children and young people with medical needs is that it has had a positive impact. There are therefore no current plans to update the guidance.