Local Authorities: Children with Special Needs

Baroness Butler-Sloss Excerpts

Thursday 22nd November 2018 Lords Chamber

[Viscount Younger of Leckie]

It is not so much that they are being driven to the courts. The fact is that it is beginning to work well, to the extent that the local authorities, in conjunction with CCGs and schools, are identifying what is required. Altogether, 5,460 appeals were registered in 2017-18. So the number of appeals is going up and demand is going up. It is varied around the country: Kent, for example, had 204 appeals. The point is that the load on local authorities is increasing. Yes, we recognise that there are strains, but the most important thing is to put the child and the young person first.

[Baroness Butler-Sloss (CB)]

Will the Minister look at the issue raised by the noble Lord, Lord Lexden, about independent schools, and make it clear to local authorities that children have equal rights with those at maintained and other schools?

[Viscount Younger of Leckie]

I will certainly take that back and will also give a little more information about it. The local authority must, after consultation with the independent school, name the requested school unless specific criteria apply indicating that provision would be unsuitable for the young person’s needs. The school or institution named in the EHC plan must then admit the child or young person—so it is pretty clear.