HC Deb 10 March 1993 vol 220 cc583-7W
Mr. Dafis

To ask the Secretary of State for Education (1) if he will make it his policy to amend section 4 of the Special Educational Needs Regulations 1983 to require that local education authorities seek written professional advice on a child's potential for learning and the provision required to realise this potential as part of any section 5 assessments;

(2) if he will seek to amend section 4 of the Education (Special Educational Needs) Regulations 1983 so as to secure that local education authorities seek out written professional advice related to the kind and level of provision needed by a child whom the authority decides to place in an ordinary school.

Mr. Forth

Paragraph 2(1) of schedule 8 to the Eduation Bill, currently before Parliament, provides that regulations shall make provision as to the advice which a local education authority are to seek when making an assessment of a child's special educational needs. We shall be consulting widely on the regulations.

Mr. Dafis

To ask the Secretary of State for Education (1) if he will make it his policy to seek to amend the Education Act 1981 so as to establish statutory rights for non-statemented children with special educational needs;

(2) if he will make it his policy to place an obligation upon school governors and head teachers to obtain professional advice regarding the form of special education required by statemented and non-statemented children with special educational needs.

Mr. Forth

Clause 153 of the Education Bill, currently before Parliament, places statutory duties on the governing body of all maintained schools to use their best endeavours to secure that all registered pupils with special educational needs receive the necessary special educational provision. This clause also requires governors to report annually on the implementation of their school's policy for pupils with special educational needs.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to issue new guidelines to local education authorities on defining efficient use of resources within section 2 of the Education Act 1981.

Mr. Forth

No. It is for local education authorities themselves to reach decisions on the efficient use of their resources.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to seek to amend the Education Act 1981 to ensure that local education authorities have a duty to ensure that children with special educational needs are not deprived of the opportunity to realise their full potential.

Mr. Forth

A child's potential is relevant in deciding whether he or she has special educational needs. The Education Bill, currently before Parliament, reinforces LEAs' duties to arrange appropriate provision to meet. pupils' special educational needs where they are required to determine that provision.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to seek to amend the Education Act 1981 so as to grant the rights of parents to insist on an assessment under section 5 of the Act if they disagreed with any changes to statements of children with special educational needs via the statement amendment process.

Mr. Forth

Clause 162(2) of the Education Bill, currently before Parliament, provides for the parent of a child with a statement of special educational needs to ask the local education authority to arrange for full assessment under clause 158 to be made. The authority shall comply with the request where a further assessment is necessary providing that such an assessment has not taken place within the preceding six months.

Mr. Dafis

To ask the Secretary of State for Education (1) if he will make it his policy to seek to amend the Education Act 1981 so as to secure that local education authorities consider their duties to explore the possibility of integrating special needs children into mainstream schools under section 2 as part of the assessment and statementing procedures under section 5, and prior to considering their duties to consult parents under section 7;

(2) if he will make it his policy to seek to amend the Education Act 1981 so as to remove the responsibility on local education authorities to satisfy themselves that the integration of a single child with special educational needs must represent an efficient use of resources.

Mr. Forth

Our policy is to encourage sensible integration of children with special educational needs into mainstream schools. Clause 152 of the Education Bill, currently before Parliament, puts a qualified duty on local education authorities to integrate unless that duty is incompatible with the wishes of the parent.

Mr. Dafis

To ask the Secretary of State for Education what plans he has to give statutory force to the principles outlined in his departmental circulars 1/83 and 22/89 relating to the involvement of a child or young person in determining the nature of his or her special educational needs provision.

Mr. Forth

I refer the hon. Member to my remarks made during debates in the Committee stage of the Education Bill,Official Report, Standing Committee E, 26 January 1993, c. 1139–40.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to place an obligation on local education authorities issuing new statements or amendments to existing statements for children with special educational needs to secure that such statements are produced no later than the beginning of the term prior to the one when they are intended to come into effect.

Mr. Forth

I refer the hon. Member to my remarks made during debates in the Committee stage of the Education Bill,Official Report, Standing Committee E, 26 January 1993, c. 1108–9.

Mr. Dafis

To ask the Secretary of State for Education (1) if he will make it his policy to seek to amend part II of schedule I to the Education Act 1981 to secure that the form and contents of a statement include reference to any non-educational needs;

(2) if he will amend section 10 of the Education (Special Educational Needs) Regulations 1983 so as to ensure that all statements refer to the amount, type and content of the provision to be made and the qualifications of the person designated to deliver it.

Mr. Forth

Clause 159(2) of the Education Bill, currently before Parliament, provides that a statement of special educational needs shall be in such form and contain such information as may be prescribed. We shall be consulting widely on the regulations.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to amend section 10 of the Special Educational Needs Regulations 1983 requiring a school to be named within a statement.

Mr. Forth

Under paragraph 3(3) of schedule 9, to the Education Bill, currently before Parliament, a local education authority shall name the parent's preferred school in the statement of special educational needs, subject to prescribed exceptions. If those exceptions apply or the parent has not expressed a preference for a school, clause 159(4)(b) requires the LEA to specify the name of any school or institution which it considers appropriate for the child and which should be specified in the statement.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to amend section 12 of the Education (Special Educational Needs) Regulations 1983 to place a duty on a local education authority to whose area a family of a child with special educational needs has moved, to fulfil the needs expressed in the statement established by their former local education authority in the shortest possible time.

Mr. Forth

Paragraph 7(2) of schedule 9, to the Education Bill, currently before Parliament, allows for regulations to make provision for the transfer of a statement of special educational needs from one local education authority to another, and for the new authority to have the duty to maintain that statement. We shall be consulting widely on the regulations.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to seek to amend the Education Act 1981 to ensure that children are not placed in special schools without the provision of a statement or the formal commencement of a section 5 assessment.

Mr. Forth

The Department's guidance in circular 22/89 is that children in special schools should normally either have the protection of a statement or be undergoing a formal assessment under section 5 of the 1981 Education Act. The Education Bill, currently before Parliament, will not make this a statutory requirement.

Mr. Dafis

To ask the Secretary of State for Education what plans he has to separate the power to assess statements for children with special educational needs from the power to decide on and make appropriate provision outlined within statements.

Mr. Forth

Part III of the Education Bill, currently before Parliament, makes it clear that the duty to assess, make statements of special educational needs and, unless the parent has made suitable alternative arrangements, arrange the provision specified in the statement, remains the responsibility of the local education authority.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to place a duty on local education authorities to establish a minimal procedure for the annual review of statements for children with special needs to include(a) the preparation of written reports and their submission to parents and (b) the granting of a meeting with parents to discuss the review.

Mr. Forth

Clause 162(6) of the Education Bill, currently before Parliament, provides that regulations may make provision as to the manner in which reviews of statements of special educational needs are to be conducted. We will be consulting widely on the content of the regulations.

Mr. Dafis

To ask the Secretary of State for Education what plans he has to place a legal duty upon the relevant authorities to provide non-educational provision to children with special educational needs whose assessments under section 5 of the Education Act 1981 have specified the need for such provision.

Mr. Forth

1 refer the hon. Member to my remarks made during debates in the Committee stage of the Education Bill,Official Report, Standing Committee E, 26 January 1993, c. 1128–31.

Mr. Dafis

To ask the Secretary of State for Education if he will make it his policy to seek to amend section 9(1) of the Education Act 1981 to enable parents of non-statemented children to request local education authority assessments under section 5 of the Act.

Mr. Forth

Clause 163 of the Education Bill, currently before Parliament, provides for the parent of a child who does not have a statement of his special educational needs to ask the authority to arrange for an assessment under clause 158 of the Bill.