Clause 1 - Education in mainstream schools of childrenwith special educational needs

Part of Special Educational Needs and Disability Bill [Lords] – in a Public Bill Committee at 9:30 am on 29 March 2001.

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Photo of Jacqui Smith Jacqui Smith Parliamentary Under-Secretary, Department for Education and Employment 9:30, 29 March 2001

If the hon. Gentleman is referring to a child without a statement, the clarification that he seeks is covered by new section 316A(2). It lays out the conditions in which a local education authority could place a child without a statement in a non-maintained special school. They are the equivalent conditions that are laid out in regulation for the placement of a child without a statement in a maintained special school. In those circumstances, there is nothing in the Bill to prevent the local education authority from funding a placement in a non-maintained special school.

I reassure the hon. Gentleman about the relationship between new sections 316A(3) and 316A(1). The important point is that both provisions are exceptions to new section 316. They both relate to that new section; they do not relate to each other. New section 316A(1) does not have an effect on section 348. New section 316 might have the potential to affect section 348, which is why we have made sure that it does not under new section 316A(3). I accept the hon. Gentleman's point about how the issue could be understood, but I assure members of the Committee that that will be explained clearly in the revised SEN code of practice and the statutory guidance that will back up the new inclusion framework. I hope that he has been reassured about the legal position.

The hon. Gentleman said that he wanted reassurance about the Government's position in relation to special school places. I can only reiterate that we recognise and value the important role played by the non-maintained sector. It is not true that anything in the Bill would represent a danger to the special school sector. Clause 1 will not make it harder for parents whose children have statements to gain a special school place. That is why we have always inside and outside the Committee signalled a continuing role for special schools.

Clause 1 strengthens the right to a mainstream place for children with statements, but it fully preserves a parent's right to object to mainstream provision. It does not make it harder for parents to gain a place for their statemented child at a special school. We have emphasised that the wishes of parents should be listened to. I have already explained the role that the tribunal will continue to have when a parent had expressed that preference and was unhappy with the response of the local education authority.

The hon. Gentleman said that he was worried about our attitude to partnerships, particularly regional partnerships. We have ensured that the non-maintained sector is at the heart of the SEN regional partnerships that we are sponsoring. On Tuesday, I said that the chair of NASS is on the national steering group of the regional partnerships. The hon. Gentleman referred to the case study that was carried out by the east of England partnership that the Royal school highlighted. It studied the appropriate use of the non-maintained sector, as has been the intention with partnerships throughout the whole of their operation in partnership with the voluntary and the non-maintained sector.

In developing the partnerships, we asked all the partners to consider what changes may be necessary to improve the special educational needs provision within those areas. Partnerships and developments in special educational needs may well mean change for local education authorities, maintained schools and non-maintained schools. I reassure the hon. Gentleman that we take very seriously the role of the non-maintained sector in educational provision for children with special educational needs, and in the development of the regional partnerships.

Our commitment to the non-maintained sector is underlined by the significant funding that we have provided for non-maintained special schools—£4.8 million from April, which builds on the £3.4 million that we provided this year. I do not wish to strike a partisan note, but no other Government have provided that level of funding to the non-maintained sector. I was very impressed by activities at New College, an RNIB school in Worcester, when I visited it. That is why, as well as providing the support that I outlined, we have included that school in our beacon school project, to ensure that its good practice is shared.

I hope that with those reassurances, the hon. Member for Daventry will feel able to withdraw his amendment.