HC Deb 10 July 1991 vol 194 cc402-4W
Mr. Ashley

To ask the Secretary of State for Education and Science what information he has on the number of local education authorities which are operating policies of minimal statementing with regard to pupils who may have special educational needs; and if he will make a statement.

Mr. Fallon

We have no evidence that local education authorities are operating policies of minimal statementing irrespective of the needs of individual children. Where a child's needs are so assessed and the outcome of that assessment leads the local education authority to conclude that they should determine the special educational provision to he made for him they must make a statement of his special educational needs.

Mr. Ashley

To ask the Secretary of State for Education and Science whether any action has been taken against any local education authority with regard to its implementation of those parts of the Education Act 1981 which refer to children with special needs.

Mr. Fallon

My right hon. and learned Friend receives appeals under sections 5(6) and 8(6) of the Education Act 1981 and complaints under sections 68 and 99 of the Education Act 1944 in relation to the discharge by local education authorities of their duties under the Education Act 1981. He has powers of direction under both Acts which he uses in appropriate cases.

Mr. Ashley

To ask the Secretary of State for Education and Science how many complaints under sections 68 and 99 of the Education Act 1944 he has received since 1 April 1983 in respect of local education authorities refusing to undertake assessments of children's needs under section 5 of the Education Act 1981; and in how many cases he has found in the complainant's favour and instructed the local education authority to undertake formal assessment.

Mr. Fallon

This information can be provided only at disproportionate cost.

Mr. Ashley

To ask the Secretary of State for Education and Science how many complaints under sections 68 and 99 of the Education Act 1944 and appeals under section 8 of the Education Act 1981 he has received since 1 April 1983 in relation to local education authorities' failure to specify in sufficient detail the provision to be made under section 3 of a statement to meet a child's special educational needs; and in how many of these cases he has instructed local education authorities to redraft the relevant section 3.

Mr. Fallon

Between April 1983 and December 1990 there have been 246 appeals in England under section 8(6) of the Education Act 1981. Decisions have been reached in 168 cases. In 44 of these cases the Secretary of State has amended the special educational provision specified in the child's statement.

Information about the number of complaints received under sections 68 and 99 of the Education Act 1944 could be provided only at disproportionate cost.

Mr. Ashley

To ask the Secretary of State for Education and Science how many appeals he has received in each year since 1983 relating to section 5(6) of the Education Act 1981 against a local education authority's decision not to issue a statement of special educational needs; and in how many of these cases he has upheld the parents' appeal and instructed a local education authority to issue a statement.

Mr. Fallon

Between April 1983 and December 1990 there have been 259 appeals in England under section 5(6) of the Education Act 1981. The following table lists by year the number of appeals received and the number of cases where the Secretary of State directed the local education authority to reconsider its decision not to issue a statement of special educational needs.

Year Appeals received LEA directed to reconsider
1983 4 1
1984 19 0
1985 21 0
1986 28 3
1987 36 2
1988 37 6
1989 50 2
1990 64 12

Mr. Ashley

To ask the Secretary of State for Education and Science what he treats as learning difficulty as set out in legislation; and what he treats as special educational needs which can be met from provision ordinarily available in schools.

Mr. Fallon

The term learning difficulty is defined in the Education Act 1981. A child has a learning difficulty if he has a significantly greater difficulty in learning than the majority of children of his age; or he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided in schools, within the area of the local authority concerned, for children of his age; or he is under the age of five years and is, or would be if special educational provision were not made for him, likely to have learning difficulties as just described when over that age.

It is for individual local education authorities to decide which special educational needs can be met from provision ordinarily available in their schools.

Mr. Ashley

To ask the Secretary of State for Education and Science (1) what advice his Department gives on the role of parents in contributing to and challenging the outcome of non-statutory assessment procedures for children's special educational needs;

(2) what guidance he gives on the form of non-statutory assessment of children with special needs for whom section 5 assessment is not thought appropriate.

Mr. Fallon

The procedures for non-statutory assessments, including arrangements for the involvement of parents, are the responsibility of local education authorities. The Department is currently funding a project called "Partnership in Assessment". The project is being undertaken by the Voluntary Council for Handicapped Children and is intended to identify good practice for parental involvement in the assessment of children with special educational needs.

Mr. Ashley

To ask the Secretary of State for Education and Science if he will list the schools in which observations of work with pupils with statements of special educational need formed the basis of the comment which accompanies the table in annexe A of his Department's circular No. 11/90.

Mr. Fallon

The table at annexe A of DES circular 11/90 is derived from observations made by Her Majesty's inspectors of schools of classroom work which they saw as promoting effective learning and care for various groups of pupils. Account was taken of group size, availability of staff and to some extent the total intensity of demand made upon staff by the group as a whole. These observations were gathered from many school inspections carried out over a number of years.