HL Deb 05 November 2002 vol 640 cc96-8WA
Lord Dholakia

asked Her Majesty's Government:

What powers they have to make provision for the assessment of the special educational needs of children living in accommodation centres; and [HL6030]

Which subject areas in the national curriculum will not be available to children taught in accommodation centres; and [H L6031]

What discussions they have had with the teaching unions on the proposals of the Secretary of State for Education to educate some children seeking asylum in accommodation centres; and [H L6032]

What criteria will be used to determine whether a child in an accommodation centre is sufficiently gifted or talented to become an exception to the general intention to exclude children in accommodation centres from mainstream maintained schools or nurseries. [H L6033]

The Parliamentary Under-Secretary of State, Department for Education and Skills (Baroness Ashton of Upholland):

Clause 28(1)(f) of the Nationality, Immigration and Asylum Bill provides the Government with the power to provide education in an accommodation centre. Clause 35(7) states that the education provider shall make appropriate facilities available for a child with special educational needs unless it is incompatible with the special educational provision his learning difficulty calls for, the provision of efficient education for other children resident in the centre or the efficient use of resources. Clause 35(9)(b) empowers the education provider to ask the LEA to conduct a statutory assessment of a child's SEN under Section 329A of the Education Act 1996.

An LEA's duties under Part IV of the Education Act 1996 to assess and where necessary to make provision for children in its area who are of compulsory school age and have special educational needs will apply to children residing in accommodation centres as such children will be in the area of an LEA for the purposes of this part of the 1996 Act.

The full range of national curriculum subjects will be taught in accommodation centres. Departmental officials are working with the Qualifications and Curriculum Authority (QCA) to agree how this commitment can be delivered to maximise the educational opportunities for chidren and young people for the limited period they will be in the centres and who may need intensive support provided to help them learn English.

I will be discussing with the teacher unions the proposals to educate some children of asylum seekers in accommodation centres. However, my officials have established an advisory group with representatives from the Local Government Association (LGA) and the local education authorities in the areas where centres are planned.

On arrival in an accommodation centre, children will receive an initial assessment, covering their previous educational experience, attainment and knowledge of English. It will be the responsibility of the education contractor to conduct these assessments and, by so doing, identify any children whose educational needs cannot be fully met within the accommodation centre. The criteria will largely depend on the nature of the education provision within the accommodation centre in question.

The Earl of Sandwich

asked Her Majesty's Government:

What categories of children will be considered special cases for the purpose of education provision in accommodation centres. [HL6173]

Baroness Ashton of Upholland:

Our aim is to ensure that the education of children in accommodation centres will be provided, wherever possible, in-house. However, there may be some exceptional circumstances—for example, a child with severe or complex special educational needs or a child who is fluent in English—when the learning needs of these children will be more appropriately met through provision made outside of the centre.

The Earl of Sandwich

asked Her Majesty's Government:

Whether a child assessed as having special educational needs best met in a mainstream maintained school will be able to attend such a school; and whether the local education authority will have a duty to place that child. [HL6174]

Baroness Ashton of Upholland:

I presume that this Question relates to the children of asylum seekers who will be residing in accommodation centres. In this case, where the local education authority has carried out a statutory assessment of a child's special educational needs, it will be able to name a mainstream school in his statement if it considers that the accommodation centre or special school will not be able to meet the child's needs. We would, however, expect local education authorities to take this course of action only rarely, and the great majority of children will have their special educational needs met appropriately in the accommodation centres.

The Earl of Sandwich

asked Her Majesty's Government:

What education a special educational needs child living in an accommodation centre will receive during the process of his or her assessment. [H L6175]

Baroness Ashton of Upholland:

Children with special educational needs will continue to receive education in accommodation centres while they are being assessed. Education provided within the accommodation centres will have the same broad range and be of equivalent quality to that provided in mainstream schools, including support through School Action and School Action Plus under the Special Educational Needs Code of Practice.