Clause 5 - Unopposed Appeals

Part of Special Educational Needs and Disability Bill [Lords] – in a Public Bill Committee at 1:45 pm on 29th March 2001.

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Photo of Jacqui Smith Jacqui Smith Parliamentary Under-Secretary, Department for Education and Employment 1:45 pm, 29th March 2001

The provisions of the clause will ensure that, when an LEA notifies the SEN tribunal that it will not fight certain appeals, the appeal will be treated as decided in the parents' favour. I am not sure that that has been stated clearly. The LEA will have to take action to meet the parents' wishes within a period that will be set out in regulations.

The provision will encourage the early settlement of cases by giving parents the assurance that LEAs will be obliged to fulfil any commitments that they make in agreeing that a case can be resolved without going to the tribunal, even though it will not require the tribunal to make a formal order. For that reason, the provision will be doubly beneficial.

The change will encourage parents and LEAs to reach early agreement about how the child's needs might best be met, without delaying until a formal tribunal hearing is convened, thereby shortening the time in which the child may not be receiving the provision that would be important for him. Encouraging parents to accept LEA concessions will also help to avoid unnecessary tribunal work and expense on cases, some of which are withdrawn at the last minute—to the benefit of no one. For example, in 1999-2000, more than 1,200 cases were withdrawn before being heard. The provision will help the parent and make the system more efficient to the benefit of all.

The hon. Gentleman rightly said that the process of assessment and determining the statement might be the subject of the parents' argument. It is worth pointing out that the clause affects only appeals against decisions by the LEA not to make a statement of SEN, not to reassess an existing statement or not to substitute a school named in a statement for a different school named by the parents. Other more complicated types of appeal have been excluded, such as those against the contents of statements. Those appeals will need the tribunal to consider the parents' appeal in detail and to make a more appropriately detailed order than need be the case in such circumstances.

However, the hon. Gentleman is right to say that we must make sure that the statements function most effectively, and that is part of the reason behind our revision of the code of practice. I agree with him that the funding and proposals that the Government have introduced for parent partnership schemes and for conciliation in dispute resolution will be important, but so will the revisions that we are making to the code of practice. Given the representations that have been made about the proposed changes to the code, it is worth emphasising that we have no intention of weakening the legal protection for children with statements, nor of encouraging vague statements.

I agree with the hon. Gentleman that vague statements do nothing to secure the right help for a child with SEN nor help a school to know what is required of it to assist a child to learn and progress. It might be helpful if I repeat some of the clarifications made by my right hon. Friend the Secretary of State on Second Reading. We will make it clear that LEAs are required to specify provisioning statements, as they always have been. We will retain the requirement in the SEN regulations for provision to be specified, matching the terms of the duty on LEAs set out in the Education Act 1996.

Furthermore, the code will state clearly that statements should describe clearly all the child's special educational needs in full. They should set out the main objectives that the special educational provision aims to meet and specify clearly and in detail the provision required to meet each of the child's needs. The statements should describe the arrangements for setting shorter-term objectives for the child and any special arrangements for the annual review of the statement, and stress the importance of the school monitoring and evaluating the child's progress during the year. They should emphasise the importance of the local education authority monitoring the child's progress towards identified outcomes with the school. The revised code will be a significant improvement over and above the current code. I hope that it goes some way towards reassuring people who have been worried about such matters.

The guidance will make it clear that there may often be a need for provision to be expressed in terms of hours, equipment or personnel. It will make it clear that local education authorities must not have blanket policies not to quantify provision in statements. In another place, we also made a commitment to enhance guidance on assessments so that it clearly states that LEAs should not introduce blanket policies to prevent people who advise them from commenting on the amount of provision that they consider appropriate for a child. Given those reassurances on the statementing process, and my account of what we hope to achieve through the clause, I recommend that it should stand part of the Bill.