1 / 18

Special Educational Needs 28 th May 2012 Liz Perry

Special Educational Needs 28 th May 2012 Liz Perry. Introduction . My role Disability Rights Cases: Special Educational Needs (SEN), Disability Discrimination, Educational Negligence Focus today: SEN and Exclusion. SEN . Background

sally
Download Presentation

Special Educational Needs 28 th May 2012 Liz Perry

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Special Educational Needs 28th May 2012 Liz Perry

  2. Introduction My role Disability Rights Cases: Special Educational Needs (SEN), Disability Discrimination, Educational Negligence Focus today: SEN and Exclusion

  3. SEN Background Definition of SEN under Education Act 1996: learning difficulty calling for special education provision * ”Learning difficulty” - greater difficulty in learning than other children and * ”Special Education Provision” – provisional to or different from education provision made generally for children of relevant age Physical and mental 1 in 5 children have SEN at some point during school years North West 3rd highest with SEN (Department for Education 2011)

  4. SEN… Developments Past: Warnock Report (statements, 1980’s) and Lamb Inquiry (parental confidence, 2009) Future:Green Paper: Support and Aspiration: A new approach to special educational needs and disability Statements replaced with education, health and care plan – birth to 25 Improving parents choice of school Early intervention Personal budgets Mediation Right to appeal for children New single category of SEN – news recently

  5. SEN… Present: Legislation, Regulations, Code of Practice LEA’s overall responsibility ensuring SEN needs are met LEA to: promote the fulfilment of a child’s educational potential safeguard and promote the welfare of children

  6. SEN stages Request – parents/school Early Intervention School Action School Action Plus Statements Individual Education Plan – plan, do and review tool (3 reviews per year)

  7. SEN… Tyneside case (2010) – no best endeavours defence Inclusive - learn as peers learn SENCO assigned School to meet need If not, statements put in place (LEA)

  8. SEN… Statements: Provision and placement – legal binding Non educational provision and non educational needs not binding

  9. SEN… Process and Timescales Prior to decision to assess – statutory notice Within 6 weeks of request decide whether to assess If so, should involve all relevant professionals, parents informed and involve child If LEA agree to assess – then 10 weeks to decide whether to make a statement If not, must notify within 2 weeks Parents should know outcome of assessment process within 12 weeks of referral for assessment From request to issuing should be no more than 26 weeks (6 ½ months) Should be maximums not targets..

  10. SEN… Appeals to The First-Tier Tribunal (SEN and Disability) Refusal to assess Refusals to make a statement Contents of a statement Refusals to reassess Refusals to change school named Decisions to cease statement Decision not to amend statement following annual review (new right of appeal) * Two month time limit from LEA decision letter

  11. SEN… If an appeal is upheld: Generally order LEA to do what parent has requested Costs If an appeal is dismissed: - Upper Tribunal (point of law)

  12. Exclusion Fixed term Permanent – focus Children with SEN 8 x times more likely to be excluded (Lamb Inquiry) Exclusion serious breaches of schools behaviour policy or allowing pupil to remain would harm education or welfare of others Often – other reasons Disability discrimination? EA 2010

  13. Exclusion procedure Headteacher to inform parents immediately HT to inform G Body and LEA Governors must meet between 6 and 15 days following exclusion and parents may attend and can make written representations School to arrange work for first 15 days After, LEA to arrange for 21-25 hours week full time provision Procedure: Governors meeting (parents) and then if upheld IAP (parents) Ultimately, Judicial Review can be a remedy

  14. Exclusion Improving Behaviour and Attendance: Guidance on Exclusion from Schools and Pupil Referral Units (DfE 2008): “Other than in exceptional circumstances, schools should avoid permanently excluding pupils with statements” Options: interim review/statement process

  15. Remedies Open discussions with school Complaints Ombudsman Legal Proceedings/Judicial Review time limits

  16. Human Rights focus Article 8 – private/family life Article 2 of First Protocol, ECHR: “No person shall be denied the right to education”

  17. Further Advice Further questions: liz.perry@pannone.co.uk 0161 909 4676

  18. Special Educational Needs 28th May 2012 Liz Perry

More Related