6.9.10 - The New Academic Year 2010/11

6.9.10 - The New Academic Year 2010/11 – Changes in the Law

I hope that you had a great summer break.

I thought that I would put this short update together which would assist people knowing of some current changes to the law affecting those children/people with special educational needs and/or disabilities.

CHILDREN, SCHOOLS AND FAMILIES ACT 2010
Firstly, I am delighted to now write further to my update of 12 April 2010 to say that the Children, Schools & Families Act 2010, which provides further rights for children with special educational needs and disabilities, has gradually been brought into force.

My update on 12 April 2010 referred in particular to rights introduced in Part 1 headed ‘Children & Schools’ which provides for Ofsted Inspections regarding special educational needs provision in mainstream schools and, most importantly for children with statements of special educational needs, to a new right for parents to appeal to the Special Educational Needs & Disability (SEND) Tribunal following an Annual Review of the statement where a local authority (LA) refuses to amend the statement. Previously, parents were forced to request a re-assessment if their wishes were ignored. I said then that this was a significant strengthening of the rights of children with SEN and we should celebrate it.

I am pleased to say that the relevant sections I have referred to (sections 1 and 2) were brought into force from last Wednesday 1 September 2010. The Children, Schools & Families Act 2010 is available to look at here.

ACADEMIES ACT 2010
Also, in case you missed it a couple of months ago, it was announced on 27 July 2010 that the Academies Bill 2010 was rushed through Parliament the previous night. This has paved the way for a radical overhaul of the schools system. According to a Guardian article that day entitled "MPs pass flagship academies bill", the Bill was passed by 317 votes to 225 with a Government majority of 92 and the Academies Act 2010 received Royal Assent later that day.

According to the Department of Education press release last week on 1 September 2010, 142 schools have accepted the Government’s offer to become an Academy since the Academies Act became law and the running total of schools that will become Academies this academic year is 216 so far. The press release states that the current breakdown is as follows:

142 schools converting to become academies: 32 are opening/opened this/last week and a further 110 schools have had Academy Orders signed which means they are on track to convert to academies over the coming months.
Of the 142, there are 7 primary schools which become the first ever primary academies to open. The Government has said that special schools will also be allowed to become academies from next year.
64 new academies replace failing schools this September plus a further 10 opening by April 2011. This is record progress; it took five years for 15 city technology colleges to open, and four years for the first 27 academies to open.

But according to some news articles on 2 September 2010, only 32 schools have reopened as independent academies although a further 110 schools are expected to opt out of local council control and convert to academies during the coming months. Education Secretary Michael Gove has insisted the trend is 'very encouraging' but is known to be frustrated by union 'aggression' aimed at stopping the reforms in their tracks.

I know that there are a number of concerns being expressed about Academies/the Academies Act in relation to children with special educational needs and I am sure that this issue will continue to be debated.

EQUALITY ACT 2010
Finally, this update is also an opportunity for me to tell you that the Equality Act 2010 is due to come into force on 1 October 2010. The legislation brings together separate pieces of legislation into one single Act to ensure that people do not discriminate on the grounds of race, sex, sexual orientation, religion or belief, age or disability and that disabled people are not placed at a substantial disadvantage in comparison with others and to make reasonable adjustments.

Rather than me attempting to summarise the Equality Act for you in this update it may be easier for you to read about it at www.equalities.gov.uk/equality_act_2010.aspx, which summarises the Act and also provides links to relevant further documentation such as the Act itself (including the explanatory notes), an impact assessment and an easy to read guide. There is also a link to the Equality & Human Rights Commission’s website, which is due to provide Codes of Practice on the Equality Act 2010 (although these are yet to be finalised).

Although you may read further about this if it is of interest to you, the Equality Act brings together over 16 separate pieces of legislation into one single Act and the Equality & Human Rights Commission states that combined they will make up a new Act that will provide a legal framework to protect the rights of individuals and advance equality of opportunity for all. The idea is that the Act will simplify, strengthen and harmonise the current legislation to provide Britain with a new discrimination law which protects individuals from unfair treatment and promotes a fairer and more equal society.

I hope that this information is of interest to you.

With good wishes

Douglas

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