§ Lord Pearson of Rannochasked Her Majesty's Government:
How many cases have been referred to the Special Educational Needs and Disability Tribunal in the last year; and how many of these were from families seeking:
(a) a special school place and (b) a mainstream place. [HL4042]
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§ The Parliamentary Under-Secretary of State, Department for Education and Skills (Baroness Ashton of Upholland)In the school year 2002–03, the Special Educational Needs and Disability Tribunal registered 1,076 appeals in which the parents requested specific schools. Of these, 689 were from families seeking a special school place and 387 from families seeking a mainstream place.
§ Lord Pearson of Rannochasked Her Majesty's Government:
In the last year how many families were not able to obtain the special school or part-time dual attendance provision which they sought. [HL4043]
§ Baroness Ashton of UphollandThis information is not held centrally. Parents of children who have statements of special educational needs can express a preference for any school in the maintained sector—mainstream or special—which they would like their child to attend. LEAs must name the parents' preferred school in the child's statement unless:
- the school is unsuitable to the child's age, ability, aptitude, or special educational needs;
- the child's attendance at the school would be incompatible with the efficient education of the other children in the school; and
- the child's attendance would be incompatible with the efficient use of resources.
Once a school is named in a statement the governors are under a duty to admit the child. Parents can also make representations for non-maintained special or independent schools to be named in statements, but LEAs do not have to name such schools if they feel one of their own schools can meet a child's needs. If parents are unhappy about the school named in their child's statement they have right of appeal to the Special Educational Needs and Disability Tribunal. In 2002–03:
- 236 appeals were heard where parents wanted special schools (including non-maintained special schools) named in statements;
- 132 of those appeals were upheld.
§ Lord Pearson of Rannochasked Her Majesty's Government:
In the last year how many local education authorities did not inform parents of statemented children of their legal right to choose a special school. [HL4044]
§ Baroness Ashton of UphollandUnder The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001, which are set out in Annex A to the SEN code of practice, all LEAs are under a duty, at the time they send to parents a proposed statement or a proposed amended statement following statutory reassessment, also to send a notice with prescribed information. LEAs must inform parents of their right to request an LEA-maintained school, "including an LEA-maintained special school", for their child, and of the LEA's qualified duty to "name" the maintained school of the parents'160WA choice on the child's statement. LEAs must include a list of maintained primary or secondary schools, as appropriate, with the notice. LEAs must also inform parents of their right to suggest the name of a non-maintained special school or an independent school they would like to be named on the statement and include a list of non-maintained special schools and independent schools approved by the Secretary of State and any such list produced by the National Assembly for Wales. For a proposed amended statement following an annual review a notice containing this information must also be sent. Figures are not collected centrally on how many local education authorities (LEAs) do not inform the parents of children with SEN of their right to request a special school.