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House of Lords, 20 July, Questions for Written Answer:
The Baroness Darcy de Knayth -- To ask Her Majesty’s
Government whether the proposal in the new Draft Code of Practice on the
Assessment of Children with Special Educational Needs to replace the word
“specify” with the words “set out” in both the Special
Educational Needs Regulations and the Code is intended to change the current
legal position whereby special educational provision specified in a statement
should normally be quantified (as per the advice in paragraph 4:28 of the
existing Code and the judgment in L v. Clarke and Somerset County Council
1998). (HL3526)
Baroness Blackstone: The Government have no plans to change
Section 324 of the Education Act 1996, which requires the special educational
provision in a statement of special educational needs to be specified. Neither
the 1996 Act nor the Education (Special Educational Needs) Regulations 1994
require provision to be quantified. We are consulting on a proposal to change
the wording of the code of practice on the identification and assessment of
special educational needs and the Education (Special Educational Needs)
Regulations 1994 to simplify the language used. Under our proposals it would
still be appropriate for local education authorities to set out provision in
quantified terms in cases where it is necessary, but not so in others. We will
consider carefully all of the responses to consultation on this and other
issues.
The Baroness Darcy de Knayth -- To ask Her Majesty’s
Government whether they propose to amend section 324(3)(b) of the Education Act
1996 to remove local education authorities’ duty to “specify”
special education provision in a statement and replace it with the duty to
“set out” special educational provision, in order to bring the Act in
line with the proposed new regulations. (HL3527)
Baroness Blackstone: The Government are not currently
proposing changes to Section 324 of the Education Act 1996.
The Baroness Darcy de Knayth -- To ask Her Majesty’s
Government whether they will provide the text of the legal advice on which the
Department for Education and Employment is basing its opinion that there is no
difference in meaning between the word “specify”, as this is used in
the Schedule (Part B) to the Education (Special Educational Needs) Regulations
1994 and the words “set out”, which they propose as a replacement for
“specify” in the amended Regulations. (HL3528)
Baroness Blackstone: No, we do not feel it would be
appropriate to publish advice.
The Baroness Darcy de Knayth -- To ask Her Majesty’s
Government whether they will provide the list of voluntary organisations and
parents’ groups who have been sent the consultation draft of the new Code
of Practice on Special Educational Needs. (HL3529)
Baroness Blackstone: The initial list of voluntary
organisations, parent groups and organisations with a special interest in
special educational needs who have received the draft copy of the revised SEN
code of practice is shown in the following list. The noble Baroness should be
aware that there will be others who will have requested copies from our
publications centre. Parent groups Parents Initiative Parent Network Advisory
Centre for Education (ACE) Campaign for Real Education (CRE) Campaign for the
Advancement of State Education (CASE) The National Association for Able
Children in Education (NACE) The National Association for Gifted Children
(NAGC) The Support Society for Children of High Intelligence (CHI) European
Council for High Ability (ECHA) The Institute of High Ability National
Confederation for Parent Teachers Association (NCPTA) Parentline Parents for
Inclusion Alliance of Parents and Schools Education Forum Home and School
Council Special education and related groups National Society for Epilepsy
National Association for Mental Health (MIND) Mental Health Foundation Royal
Society for Mentally Handicapped Children and Adults (MENCAP) SCOPE Royal
Association for Disability and Rehabilitation (RADAR) National Society for
Mentally Handicapped People in Residential Care Royal Association in Aid of the
Deaf National Deaf Children's Society British Deaf Association National
Deafblind and Rubella Association (SENSE) NSC of Hospital Teachers British
Association of Teachers of the Deaf Royal National Institute for the Deaf
Association for all Speech Impaired Children (AFASIC) College of Speech
Therapists Association for Professional Music Therapists in Great Britain Royal
National Institute for the Blind (RNIB) Opsis College of Teachers of the Blind
British Dyslexia Association Dyslexia Institute Dyspraxia Foundation National
Autistic Society Association of Workers with Children with Emotional and
Behavioural Difficulties Association for Education Welfare Management (AEWM)
Association of Educational Psychologists British Psychological Society National
Association for the Education of Sick Children National Standing Conference of
Hospital Teachers Northern Association of Hospital Managers London Association
of Hospital and Home Teachers British Diabetic Association. LEA Special
Educational Needs Support Service Teams Special Educational Needs Tribunal
Special Educational Needs Interest Group Association of Independent Residential
Special Schools National Association for Special Educational Needs (NASEN)
National Association of Advisory Officers for Special Educational Needs Special
Education Needs Advisory Council (SENNAC) Council for Disabled Children
Alliance for Inclusive Education IPSEA |