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Special Educational Needs 28 th May 2012 Liz Perry PowerPoint Presentation
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Special Educational Needs 28 th May 2012 Liz Perry

Special Educational Needs 28 th May 2012 Liz Perry

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Special Educational Needs 28 th May 2012 Liz Perry

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  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