Question to the Department for Education:
To ask Her Majesty's Government what assessment they have made of the effectiveness of section 63 of the Children and Families Act 2014 in ensuring that parents of children with special educational needs or a disability are able to choose an independent school if that is their wish.
Section 63 of the Children and Families Act (2014) sets out the local authority’s duty to pay fees for special educational provision where an institution, including an independent institution, is named in a final education, health and care (EHC) plan.
The process by which parents’ wishes are considered is, instead, set out within the ‘Special Educational Needs & Disabilities 0-25 Code of Practice’, attached, and under section 39 of the Children and Families Act (2014).
Chapter 9 in the ‘Special Educational Needs & Disabilities 0-25 Code of Practice’ sets out the duties of local authorities and the rights of parents regarding the naming of schools in EHC plans. When a local authority is finalising an EHC plan, parents can ask for a particular school to be named in the plan. This can be any maintained nursery school; maintained school; any form of academy or free school (mainstream or special); non-maintained special school; independent special school or independent specialist college, where they have been approved for this purpose by my right hon. Friend, the Secretary of State for Education, under section 41 of the Children and Families Act (2014). These schools are published in the section 41 list, which is available to all parents and young people.
The local authority must name the parent’s or young person’s choice of school in the EHC plan unless the school would be unsuitable for the child or young person’s age, ability, aptitude or special educational need or unless the child or young person’s attendance would be incompatible with the efficient education of others or the efficient use of resources.
The child’s parent or the young person may also make representations for places at independent schools, independent colleges or other post-16 providers that are not on the section 41 list. However, these schools are not obliged to admit children with EHC plans and local authorities are not under the same conditional duty to name these schools in EHC plans.
As at January 2019, there were 17,362 children and young people with EHC plans in independent schools. This figure represents 4.9% of all children and young people with an EHC plan.
1. Special Educational Needs: support in England
25/07/2019 - Parliamentary Research
Found: PAPER Number 07020, 25 July 2019 Special Educational Needs: support in England By Robert Long Nerys
2. Special Educational Needs Wales: information for families
31/10/2019 - Ministry of Defence
- View source
Found: 1 Special Educational Needs Œ Wales
2 Special Educational Needs Œ Wales
3. Department for Education and Department for Health and Social Care - written evidence
21/05/2019 - Inquiry: Special educational needs and disabilities - Education Committee
- View source
Found: the Children and Families Act 2014 and the related secondary legislation The Children and Families Act
Found: than one in 100 children are on the autism spectrum, and more than 70% of these children and young people
5. Independent schools (England)
28/06/2019 - Parliamentary Research
Found: 28 June 2019 Independent schools (England) By Robert Long Contents: 1. Independent schools: overview
1. Schoolchildren: Dyslexia and Neurodiverse Conditions
04/03/2020 - Lords Chamber
1: and possible solutions for children in the school system with dyslexia and other neurodiverse conditions - Speech Link
2: debate? It is because, at the moment, special educational needs are in trouble. It is a very good concept; - Speech Link
2. Special Educational Needs: Isle of Wight
25/02/2020 - Westminster Hall
1: That this House has considered special educational needs on the Isle of Wight.It is a pleasure - Speech Link
3. Disabled Children: Accessible and Inclusive Education
09/12/2020 - Westminster Hall
1: accessible and inclusive education for disabled children.It is an absolute honour to present this - Speech Link
4. Special Educational Needs and Disabilities Funding
12/02/2019 - Westminster Hall
1: the motion for this important debate on special educational needs and disabilities funding, I can report - Speech Link
2: That this House has considered special educational needs and disabilities funding.It is - Speech Link
5. Services for People with Autism
21/03/2019 - Commons Chamber
1: since the Autism Act became law; and calls on the Government to improve support for children and adults on - Speech Link
2: disabled enough to qualify for benefits but he is not able to compete for a job. He is caught in the middle - Speech Link
3: falls on the Government once again to review its strategy and identify what more needs to be done.Each - Speech Link