I am pleased to report that the Children Schools and Families Bill became the Children Schools and Families Act 2010 when it received Royal Assent and became law at the end of last week.

The original Bill as drafted was watered down to allow it to go through. The DSCF issued a statement on its website on 7 April 2010 which stated:

"Following discussions with the opposition parties, the Government last night tabled amendments to the Children, Schools and Families Bill to enable some parts of the Bill to be passed into law before Parliament is dissolved. The provisions that remain cover:

• Special Educational Needs (SEN) – requiring school inspectors to report explicitly on provision for pupils with special educational needs and disabilities, and giving parents a new right to appeal if their child’s special educational needs statement is not amended at annual review.
• Alternative Provision – local authorities will be required to provide full-time education for children and young people who for medical, social or emotional reasons, or because they are waiting for a place in a maintained school, are not in school but in alternative provision.
• Powers of Governing Bodies – giving school governing bodies greater powers on how they use their budgets, and the power to set up new schools and academies.
• Local Safeguarding Children Boards – new provisions will be introduced to ensure effective information sharing and strengthen the evaluation of Serious Case Reviews (SCRs) to improve safeguarding arrangements.
• Family Courts – provisions to build public confidence in family courts through allowing greater media reporting of proceedings.
• Amendment to Apprentices, Skills, Children and Learning Act – on the role of the Local Government Ombudsman.

However, some key provisions have been taken out because no agreement could be reached between the Government and opposition parties..."

The DSCF website then lists the key remaining provisions which you can read in full by clicking here

The remaining stages of the Bill were debated in the House of Lords that night and the House of Commons on Thursday 8 April before receiving Royal Assent and becoming law.

The Treehouse website commented on Friday morning as follows:

"With the election being called on Tuesday this week, Parliament had two days before it ‘dissolved’ to finalise any pending legislation. This process, called ‘wash-up’, involves the Government negotiating with the opposition parties to get legislation passed – and frequently involves compromising any controversial parts of the original Bill.

The key sections of the Children, Schools and Families Bill for children and young people with autism and their families were some of the only sections of the original Bill to go through, namely:

• The Clause, arising from the Lamb Inquiry’s recommendations, requiring school inspectors to report explicitly on provision for pupils with special educational needs and disabilities
• The Clause, arising from the Lamb Inquiry’s recommendations, giving parents a new right to appeal if their child’s special educational needs statement is not amended at annual review
• The Clause requiring local authorities to provide full-time education for children and young people who for medical, social or emotional reasons are not in school but in alternative provision"

It then expresses pleasure that these clauses have now become law. You can read the full webpage by clicking here.

You can also read the full Children, Schools and Families Act 2010 on the Office for Public Sector Information website. Part 1 is headed "Children and Schools" and deals with children with special educational needs.

It states as follows:

"1 School inspections: pupils with disabilities or special educational needs

In section 5 of EA 2005 (duty to inspect certain schools in England at prescribed intervals), after subsection (5) there is inserted—

“(5A) In reporting on how far the education provided in a mainstream school meets the needs of the range of pupils at the school, the Chief Inspector must in particular consider the needs of—

(a) pupils who have a disability for the purposes of the Equality Act 2010;

(b) pupils who have special educational needs.

In this subsection a “mainstream school” is a school within subsection (2)(a) or (2)(c) to (f).”

2 Right of appeal against determination by local authority not to amend statement

After section 328 of EA 1996 (reviews of special educational needs) there is inserted—

“328A Appeal against determination of local authority in England not to amend statement following review

(1) This section applies where a local authority in England—

(a) conduct a review of a statement in accordance with section 328(5)(b), and

(b) determine not to amend the statement.

(2) The authority shall give written notice of the determination and of their reasons for making it to the parent of the child concerned.

(3) The parent may appeal to the Tribunal.

(4) Subsections (1A), (3), (4) and (5) of section 326 apply to an appeal under this section as they apply to an appeal under that section, but with the omission of subsection (3)(c).

(5) A notice under subsection (2) must inform the parent of the right of appeal and of the period within which the right may be exercised.

(6) A notice under subsection (2) must be given to the parent within the period of seven days beginning with the day on which the determination is made.”

All in all I believe that this is a significant strengtherning of the rights of parents of children with SEN and we should celebrate it. Funnily enough I have already had an enquiry today from a parent asking whether she can use it to help her but I am not sure when it will actually be coming into force.

With good wishes

Douglas

 

 

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