The Children and Families Bill - Public Reading
The Children and Families Bill would make changes to the way in which support is provided to children and young people with Special Educational Needs. Submit your comments by 26th February 2013.
What is this? This piece of law is being put through a �public reading stage� which allows members of the public to comment. This is being done via the parliament.gov.uk website so if you want to contribute to the discussions, please got to the following link and add your comments there:
http://www.parliament.uk/business/bills-and-legislation/public-reading/children-and-families-bill/special-educational-needs/
There is a lot of stuff: This is a cumbersome way of getting people to contribute and there is a lot of detail. The sections of relevance for us are Clauses 19-72 and Schedule 3.
Don�t panic: To help you, you�ll find below the explanatory notes from the Parliament.gov.uk website that support this Bill. Also we have added a table showing a breakdown of the relevant clauses
Timing: This is a very short turnaround as comments will be accepted until Tuesday 26 February 2025
Explanatory notes from parliament.gov.uk website setting out main aspects of Children and Families Bill
Part 3:Children and young people in England with special educational needs
11.Part 3 of the Bill contains provisions following the Green Paper Support and Aspiration: A new approach to special educational needs and disability (published 18 March 2025) and the follow up; Progress and Next Steps (published 15 May 2025).
12.The provisions are a major reform of the present statutory framework for identifying children and young people with special educational needs, assessing their needs and making provision for them. They require local authorities to keep local provision under review, to co-operate with their partners to plan and commission provision and publish clear information on services available. The provisions set out the statutory framework for identifying and assessing the needs of children and young people who require support beyond that which is normally available. Statements are replaced by new Education, Health and Care Plans for both children and young people.
13.They extend the rights that parents of children with statements of special educational needs currently have (to express a preference for the school they wish their child to attend) to young people, and widen the institutions for which they can express a preference to include Academy schools, further education colleges and sixth form colleges and independent special schools and independent specialist colleges approved for this purpose by the Secretary of State.
14.The provisions are also intended to give parents and young people greater control over the way their support is provided through involvement with local authorities in reviewing services and through the option of personal budgets in certain circumstances. They introduce a requirement to consider mediation before appeals are made to the First-tier Tribunal. This is to help resolve disagreements without the need for Tribunal appeals wherever possible. The provisions also include a power to pilot giving children the right to make appeals to the Tribunal themselves, rather than it having to be through their parent.
15.The clauses replace and extend, in relation to England, provisions in Part 4 of the Education Act 1996 and associated Schedules and Regulations, and sections 139A to 139C of the Learning and Skills Act 2000, which will be repealed in relation to children and young people in the area of a local authority in England. Regulations will set out the detailed requirements of particular provisions where provided for in the draft clauses. A statutory Code of Practice will be developed to provide guidance on the new framework for special educational needs, for the approval of Parliament.
16.Pre-legislative scrutiny of the SEN provisions was undertaken by the House of Commons Education Select Committee. The Committee published its report on 18 December 2024 and the provisions in Part 3 reflect the Government�s response to the report, published on 5 February 2013.
Clauses of Children and Families Bill
Clauses 19-21 look at participation of child, parent or young parent �as fully as possible; definitions of special educational provision, health provision and social care provision
Clause 21- definitions � happy with their scope? Any practical implications?
Clause 23 � when a LA is responsible for child or yp.
Clause 24 � 27 information � if LA thinks a voluntary group is likely to give parents advice/assistance, LA must inform the parent; integration of health, social care and special educational provision; joint commissioning arrangements; duty to review
Clause 24 � DF needs to find out how they can make themselves aware to each LA and get on the LA radar in each area/regionally?
Clause 25 � any practical implications for integration
Clause 27 � duty to review
Clause 28-29 � LA role in co-operating
Clause 28 � I suspect there may be much to comment upon here
Clause 30 Local offer � duty to publish info on provisions available in area and outside but eligible; noting outcomes for employment, accommodation and participation in society in local offers
DF members to note
Clause 31 � Co-operating in specific cases � LA functions
Clause 32 � Advice and info for parents and YP
DF members to note
Clause 33-34 � Children and YP with EHC plans and with no EHC plans
Clause 35 - Children with SEN in mainstream nurseries and schools
Clause 36 - Assessment of education, health and care needs
DF members to note
Clause 37 � Education, health and care pland (EHC) � once plan prepared, LA must maintain plan
DF members to note
Clause 38 � Preparation of EHC plans � drafting plans and role of parents
DF members to note
Clause 39-40 � Finalising EHC plans � request or no request for specific school
Clause 41 � Independent special schools
Clause 42 � Duty to secure SEN provision
DF members to note
Clause 43 � Duty to admit for schools and other institutions named in EHC plan
Clause 44 � Reviews and re-assessments
Within 12 months and every subsequent 12 months
DF members to note
Clause 45 � Ceasing to maintain a EHC plan
Clause 46 � Maintaining a EHC plan until after 25th birthday
Clause 47 � children and YP with custodial sentences
Clause 48 � Personal budgets- LA to prepare a personal budget for person with EHC plan if requested
DF members may have a lot to say about this
Clause 49 � Continuation of services
Clause 50 � 54 Appeals, mediation, resolution of disagreements and claims
DF members may have comments on this
Clause 55 � Equality Act amendment
Clause 56-57 � SE provision other than schools/ post 16 institutions; SE provision outside England and Wales
Clause 58 � Fees for special educational provision
Clause 59 � Supply of goods and services to accompany person with EHC plan
What might be the issues here for DF members?
Clause 60 � Access to schools, post 16 institutions and other institutions
Clause 61 � Using �best endeavours� to secure special educational provision
How hard do all LAs try?
Clause 62 - SENCO
Clause 63-65 � Informing parents and YPs; provision and publication of SEN information;
Clause 65 � Note ease of getting hold of information? Any practical experiences?
Clause 66-67 Producing a Code of Practice
Clause 66 � DF might like to flag up their interest in getting involved
Clause 68 � Parents and YPs lacking capacity
Clause 69-72 � Drafting amendments
For more information see: The Children and Families Bill Public Reading