HC Deb 29 October 2002 vol 391 cc711-2W
Dr. Ladyman

To ask the Secretary of State for Education and Skills how many SENDIST and IAP members there were as at the end of June; how many SENDIST and IAP members had received any training as at the end of June in their forthcoming disability-related duties; what type and quantity of training they had received respectively; and what measures the Department has put in place to ensure that all SENDIST and IAP members will be able to perform their legal duty effectively when hearing claims of disability discrimination relating to exclusions. [77860]

Mr. Stephen Twigg

There are three main types of panel or tribunal relating to educational provision for children: SEN and Disability Tribunals (SENDIST), Admission Appeal Panels, and Exclusion Appeal Panels.

SENDIST consider disputes between parents and LEAs about statementing of children with Special Educational Needs. They also consider complaints of disability discrimination made by parents against individual schools or LEAs.

At the end of June the Special Educational Needs Tribunal had 51 legal chairmen and 97 specialist members. The Secretary of State appointed 39 new specialist members in July. The Lord Chancellor has appointed 11 new chairmen.

By the end of June, 21 SEN Tribunal chairmen and 40 specialist members had received one and a half day's training on disability discrimination legislation. The training included theoretical and practical sessions that covered all the relevant provisions of the Disability Discrimination Act, including the implications for school exclusions. The President of the Tribunal arranged training for tribunal members at three conferences, in June, July and September. The SEN Tribunal became SENDIST from September. Tribunal panels are likely to hear the first claims under the new legislation in the new year.

Independent Admission Appeal Panels consider parents' appeals against refusal of admission of their children to particular schools. Responsibility for setting up a panel, and recruitment and training of panel members lies with the school's "admission authority" (in the case of voluntary aided and foundation schools this is the school's governing body, for community and controlled schools it is the local education authority). Although admission authorities themselves are responsible for the training of panel members, Information for School and College Governors (ISCG), who are one of a number of organisations delivering practitioner training, produced a training pack which is available free of charge to schools and LEAs. The revised Admission Appeals Code (to be laid before Parliament soon) contains guidance on the Disability Discrimination Act, and refers readers to other appropriate sources of help.

Exclusion Appeal Panels consider appeals made by parents whose children have been excluded from a school, and the exclusion upheld by the school governing body. The panels are set up by LEAs, who are responsible for appointing and training members. The Department is currently revising its guidance in the "Exclusion Appeal Panels Training Pack", with regard to the Disabilities Discrimination Act. This revised guidance will be issued shortly.

The Department does not collect data on admission or exclusion appeal panel members or information on the training they receive.

The Council of Tribunals (which operates under the Tribunals and Inquiries Act 1992) advises and supervises the procedures and working of tribunals. The Council, and the Judicial Studies Board, has a significant interest in the training of panel members. The Council of Tribunals publication "Making Tribunals Accessible to Disabled People: Guidance on Applying the Disability Discrimination Act" is available to both panel members and those responsible for their training.