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| | | (7) | Before making an Order under subsection (6), the Secretary of State must lay a |
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| | | copy of a report before both Houses of Parliament detailing findings from the |
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| | | pathfinder authorities established under the Special Educational Needs (Direct |
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| | | Payments) (Pilot Scheme) Order 2012, including but not limited to— |
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| | | (a) | the impact on educational outcomes for children and young people; |
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| | | (b) | the quality of provision received by children and young people; |
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| | | (c) | the value for money achieved; |
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| | | (d) | the impact on services provided for children and young people without |
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| | | EHC plans, or those for whom direct payments were not made. |
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| | | (8) | The Secretary of State may not prepare a report under subsection (7) until |
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| | | (9) | An Order made under subsection (6) may amend this section as the Secretary of |
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| | | State deems necessary to ensure the effective operation of personal budgets, |
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| | | having had regard to the finding of the report produced by virtue of subsection |
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| | Clause 50, page 35, line 24, at end insert ‘or the failure to do so within a prescribed |
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| | Clause 50, page 35, line 37, at end insert ‘or the failure to do so within a prescribed |
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| | Clause 50, page 35, line 42, at end insert— |
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| | | ‘(g) | the social care provision specified in an EHC plan; |
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| | | (h) | the healthcare provision specified in an EHC plan.’. |
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| | Clause 50, page 36, line 11, at end insert— |
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| | | ‘(5) | A person commits an offence if without reasonable excuse that person fails to |
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| | | comply with any requirement— |
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| | | (a) | in respect of the discovery or inspection of documents, or |
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| | | (b) | to attend to give evidence and produce documents, |
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| | | | where that requirement is imposed by Tribunal Procedure Rules in relation to an |
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| | | appeal under this section or regulations under subsection (4)(a). |
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| | | (6) | A person guilty of an offence under subsection (5) is liable on summary |
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| | | conviction to a fine not exceeding level 3 on the standard scale.’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 51, page 37, line 13, at end insert— |
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| | | ‘(7A) | All correspondence sent and received and documents produced by a mediation |
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| | | adviser or mediator in respect of a case must be made available to— |
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| | | (a) | the family of the child concerned, or the young person concerned; |
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| | | (b) | the local authority; and |
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| | | (c) | the First-tier Tribunal. |
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| | | (7B) | The First-tier Tribunal must have regard to documents supplied under subsection |
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| | | (7A) in consideration of a claim brought to it under section 50 (appeals).’. |
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| | | Clauses 52 to 55 Agreed to. |
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| | Clause 56, page 40, line 16, leave out from ‘be’ to end of line 17 and insert ‘in the |
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| | best interests of the child or young person and their family’. |
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| | | |
| | | Clauses 57 and 58 Agreed to. |
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| | Clause 59, page 41, line 43, leave out ‘another authority or any’ and insert ‘any |
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| | Clause 59, page 42, line 4, at end add— |
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| | | ‘(6) | Agreements made under this section should be published by the local authority in |
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| | | digital format within one calendar month of being made.’. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 60, page 42, line 13, at end add— |
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| | | ‘(4) | A local authority should contact the governing body of a school, post-16 |
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| | | institution or other institution at which education or training is provided before |
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| | | accessing their premises, unless doing so would negate the purpose of the visit.’. |
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| | Clause 61, page 42, line 26, after ‘secure’, insert ‘so far as is reasonably possible’. |
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| | Clause 61, page 42, line 28, at end insert— |
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| | | ‘(2A) | In fulfilling its duties under this section, the appropriate authority must provide a |
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| | | report of how it has done so for a registered pupil or a student at a school, where |
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| | | such a report is requested by— |
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| | | (a) | the local authority responsible for the education of a child or young |
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| | | (b) | the family of a child or young person; |
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| | | (d) | the First Tier Tribunal; or |
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| | | (e) | the Education Funding Agency.’. |
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| | Clause 61, page 42, line 28, at end insert— |
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| | | ‘(2B) | The appropriate authority must have regard to any advice regarding its duties |
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| | | under this section, where such advice is issued by— |
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| | | (a) | the Secretary of State; |
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| | | (b) | Her Majesty’s Chief Inspector of Education; |
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| | | (c) | the local authority; or |
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| | | (d) | the Education Funding Agency.’. |
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| | Clause 61, page 42, line 28, at end insert— |
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| | | ‘(2A) | In using their best endeavours to meet special educational needs, the school or |
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| | | other institution must provide a graduated response through using the School |
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| | | Action and School Action Plus stages.’. |
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| | Clause 62, page 42, line 39, after ‘staff’, insert ‘who shall be a qualified teacher.’. |
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| | Clause 62, page 42, line 41, at end insert— |
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| | | ‘(2A) | The SEN co-ordinator designated under the provisions of subsection (2) must be, |
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| | | or on designation must become, a member of the senior management or |
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| | | leadership team within the school. |
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| | | (2B) | The SEN co-ordinator designated under the provisions of subsection (2) must be |
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| | Clause 62, page 42, line 41, at end insert— |
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| | | ‘(2A) | The appropriate authority must designate a member of staff who shall be a |
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| | | qualified teacher and must have undertaken training to include a mandatory |
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| | | module on special educational needs, including dyslexia at the school (to be |
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| | | known as the “SEN co-ordinator”) as having responsibility for co-ordinating the |
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| | | provision for pupils with special educational needs.’. |
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| | Clause 63, page 43, line 14, at end insert ‘, an institution within the further eduction |
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| | Clause 63, page 43, line 19, at end insert— |
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| | | ‘(2A) | In performing its duty under subsection (2), an appropriate authority must— |
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| | | (a) | attempt to do so as soon the decision is taken; |
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| | | (b) | ensure that the child’s family or the young person are made fully aware |
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| | | of the reason for and the process behind the decision being taken; |
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| | | (c) | engage fully with the family or young person in making further decisions |
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| | | with regard to educational provision for the child or young person; and |
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| | | (d) | inform the local authority in which the child or young person residents.’. |
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