Lord Addington
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Special Educational Needs
Lord Addington Excerpts(5 years, 1 month ago)
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Lord Addington
To ask Her Majesty’s Government what is the average time without appropriate special educational needs support spent by students who have successfully appealed a decision to have an education, health and care plan.
Lord Addington (LD)
My Lords, I beg leave to ask the Question standing in my name on the Order Paper. I remind the House of my declared interests.
The Parliamentary Under-Secretary of State, Department for Education (Lord Agnew of Oulton) (Con)
My Lords, local authorities are required to carry out any tribunal orders within specified time periods. Data is not collected to demonstrate compliance. However, all local authorities are subject to local area inspections. Children and young people continue to receive support during tribunal appeals. A local authority cannot cease an EHC plan for any young person under 18 unless it determines that it is no longer necessary for special educational provision to be made in accordance with an EHC plan.
Lord Addington
I thank the Minister for that reply. However, often it takes people years to get to the process of making an appeal. According to the British Dyslexia Association, if you do not have a lawyer it can then take up to three years to get through, but much less time if you have a lawyer supporting you. How have we got to the situation where the basic government support is available for those who have lawyers and are capable of handling the system? What chance does a dyslexic child with a dyslexic parent stand?
Lord Agnew of Oulton
My Lords, it is important to stress that about only 1.5% of all EHC plans are appealed to tribunal. Of those who decide to appeal, 60% fall away and do not go to tribunal, because their issues are resolved. The other important point is that if a local authority loses a tribunal case, it is not because it has lost the whole case; it is just that the tribunal has taken against one element of the case. That is not commonly understood.