Children and Families Bill

Session 2012 - 13
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Children and Families Bill

Children and Families Bill
Schedule 3 — Special educational needs: consequential amendments
Part 1 — Amendments to the Education Act 1996
140

2     (1)
Section 13 (general responsibility for education) is amended as follows.
      (2)
In subsection (3)(b) for “but under 25 and are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.
      (3)
Omit subsections (4) and (5).
3
In section 13A (duty to promote high standards and fulfilment of potential),
5
in subsection (2)(b) for “but under 25 who are subject to learning difficulty
assessment” substitute “and for whom an EHC plan is maintained”.
4     (1)
Section 15ZA (duty in respect of education and training for persons over
compulsory school age: England) is amended as follows.
      (2)
In subsection (1) for “but under 25 and are subject to learning difficulty
10
assessment” substitute “and for whom an EHC plan is maintained”.
      (3)
In subsection (3)(b) after “learning difficulties” insert “or disabilities”.
      (4)
In subsections (6) and (7) after “learning difficulty” insert “or disability”.
      (5)
For subsection (9) substitute—
“(9)
The duty in subsection (1) does not apply in relation to persons in a
15
local authority’s area who are subject to a detention order.”
5
In section 15A (powers in respect of education and training for 16 to 18 year
olds), in subsection (3) for the words from “a local authority” to the end
substitute “—
(a)
a local authority in England must in particular have regard to
20
the needs of persons with learning difficulties or disabilities
(within the meaning of section 15ZA(6) and (7));
(b)
a local authority in Wales must in particular have regard to
the needs of persons with learning difficulties (within the
meaning of section 41(5) and (6) of the Learning and Skills
25
Act 2000).”
6
In section 15B (functions in respect of education for persons aged over 19),
in subsection (3) for the words from “a local authority” to the end substitute
“—
(a)
a local authority in England must in particular have regard to
30
the needs of persons with learning difficulties or disabilities
(within the meaning of section 15ZA(6) and (7));
(b)
a local authority in Wales must in particular have regard to
the needs of persons with learning difficulties (within the
meaning of section 41(5) and (6) of the Learning and Skills
35
Act 2000).”
7
In section 18A (provision of education for persons subject to youth
detention), in subsection (2)—
(a)
in paragraph (b) omit “or learning difficulties (within the meaning of
section 15ZA(6) and (7))”, and
40
(b)
after that paragraph insert—
“(ba)
in the case of a local authority in England, any
learning difficulties or disabilities (within the
meaning of section 15ZA(6) and (7)) the persons may
have;
45

Children and Families Bill
Schedule 3 — Special educational needs: consequential amendments
Part 1 — Amendments to the Education Act 1996
141

(bb)
in the case of a local authority in Wales, any learning
difficulties (within the meaning of section 41(5) and
(6) of the Learning and Skills Act 2000) the persons
may have;”.
8
In the title of Chapter 1 of Part 4 (children with special educational needs)
5
after “children” insert “in Wales”.
9
Before section 312 (meaning of special educational needs etc) insert—
“311A
Application of this Chapter: children in Wales
This Chapter applies only in relation to children in the area of a local
authority in Wales.”
10
10    (1)
Section 312 (meaning of “special educational needs” and “special
educational provision” etc) is amended as follows.
      (2)
In subsections (1) and (2), after “child” insert “in the area of a local authority
in Wales”.
      (3)
In subsection (3A)—
15
(a)
in paragraph (a)—
(i)
omit “15ZA”, and
(ii)
for “, 15B and 507B” substitute “and 15B”, and
(b)
in paragraph (b), before “determining” substitute “a local authority
in Wales”.
20
      (4)
In subsection (4), after ““special educational provision”” insert “, in relation
to a child in the area of a local authority in Wales,”.
11    (1)
Section 313 (code of practice) is amended as follows.
      (2)
In subsections (1) and (4) for “Secretary of State” substitute “Welsh
Ministers”.
25
      (3)
In subsection (5)—
(a)
after “means” insert “the Special Educational Needs Tribunal for
Wales.”, and
(b)
omit paragraphs (a) and (b).
12    (1)
Section 314 (making and approval of code) is amended as follows.
30
      (2)
In subsection (1)—
(a)
for “Secretary of State proposes” substitute “Welsh Ministers
propose”, and
(b)
for “he” substitute “they”.
      (3)
In subsection (2)—
35
(a)
for “Secretary of State” substitute “Welsh Ministers”,
(b)
for “he thinks” substitute “they think”, and
(c)
for “them” substitute “those persons”.
      (4)
For subsection (3) substitute—
“(3)
If the Welsh Ministers determine to proceed with the draft (either in
40
its original form or with such modifications as they think fit) they
shall lay it before the National Assembly for Wales.”

Children and Families Bill
Schedule 3 — Special educational needs: consequential amendments
Part 1 — Amendments to the Education Act 1996
142

      (5)
In subsection (4)—
(a)
for “each house, the Secretary of State” substitute “the National
Assembly for Wales, the Welsh Ministers”, and
(b)
for “the Secretary of State may” substitute “the Welsh Ministers
may”.
5
13    (1)
Section 316A (education otherwise than in mainstream schools) is amended
as follows.
      (2)
In subsection (2)—
(a)
in paragraph (a), for sub-paragraph (ii) substitute—
“(ii)
the governing body of the school or, if the
10
school is in England, its head teacher,”, and
(b)
in paragraph (c), for sub-paragraph (ii) substitute—
“(ii)
the governing body of the school or, if the
school is in England, its head teacher,”.
      (3)
In subsection (8)—
15
(a)
after “issued” insert “by the Welsh Ministers”, and
(b)
omit paragraphs (a) and (b).
      (4)
In subsection (10)—
(a)
omit “, in relation to Wales,”, and
(b)
for “National Assembly for Wales” substitute “Welsh Ministers”.
20
14
In section 317 (duties of governing body or local authority in relation to
pupils with special educational needs), in subsection (5)—
(a)
after “foundation special school shall” insert “include special needs
information in the report prepared under section 30(1) of the
Education Act 2002 (governors’ report).”, and
25
(b)
omit paragraphs (a) and (b).
15    (1)
Section 318 (provision of goods and services in connection with special
educational needs) is amended as follows.
      (2)
Omit subsections (3) and (3A).
      (3)
In subsection (3B) omit “in Wales” (in the first place it occurs).
30
      (4)
In consequence of the repeal made by sub-paragraph (2)—
(a)
in Schedule 30 to the School Standards and Framework Act 1998
omit paragraph 75(4),
(b)
in the Education Act 2002, in section 194 omit subsection (2)(a), and
(c)
in Schedule 2 to the Childcare Act 2006, omit paragraph 21.
35
16
In section 326 (appeal against contents of statement), in subsection (4)(c) for
the words from “in the case” to “in the proceedings” substitute “in the
proceedings the child has proposed the school”.
17    (1)
Section 326A (unopposed appeals) is amended as follows.
      (2)
In subsection (1), for paragraph (a) substitute—
40
“(a)
the parent of a child, or a child, has appealed to the Tribunal
under section 325, 328, 329 or 329A or paragraph 8(3) of
Schedule 27 against a decision of a local authority, and”.
      (3)
In subsection (6)—

Children and Families Bill
Schedule 3 — Special educational needs: consequential amendments
Part 1 — Amendments to the Education Act 1996
143

(a)
after “regulations made” insert “by the Welsh Ministers”, and
(b)
omit paragraphs (a) and (b).
18    (1)
Section 328A (appeal against determination of local authority in England not
to amend statement following review) is repealed.
      (2)
In consequence of the repeal made by sub-paragraph (1), section 2 of the
5
Children, Schools and Families Act 2010 is repealed.
19    (1)
Section 329A (review or assessment of educational needs at request of
responsible body) is amended as follows.
      (2)
In subsection (14)—
(a)
after ““Relevant early years education”” insert “has the same
10
meaning as it has (in relation to Wales) in section 123 of the School
Standards and Framework Act 1998 except that it does not include
early years education provided by a local authority at a maintained
nursery school.”, and
(b)
omit paragraphs (a) and (b).
15
      (3)
In subsection (15)—
(a)
omit “, in relation to Wales,”, and
(b)
for “National Assembly for Wales” substitute “Welsh Ministers”.
      (4)
In consequence of the amendments made by sub-paragraph (2), in
paragraph 22 of Schedule 2 to the Childcare Act 2006, omit sub-paragraph
20
(4).
      (5)
Until the coming into force in relation to Wales of the amendments made by
paragraph 22(2) and (3) of Schedule 2 to the Childcare Act 2006, section 329A
of EA 1996 has effect as if for subsection (14) (as amended by sub-paragraph
(2)) there were substituted—
25
“(14)
“Relevant nursery education” has the same meaning as in section 123
of the School Standards and Framework Act 1998, except that it does
not include nursery education provided by a local authority at a
maintained nursery school.”
20    (1)
Section 332ZA (right of a child to appeal to the Welsh Tribunal) is amended
30
as follows.
      (2)
In subsection (1) omit “Welsh”.
      (3)
In the title omit “Welsh”.
21
In section 332ZB (notice and service of documents on a child in relation to an
appeal by the child), in subsection (1) omit “in Wales”.
35
22    (1)
Section 332ZC (case friends—Wales) is amended as follows.
      (2)
In subsection (1), in paragraph (a) omit “in Wales”.
      (3)
In subsection (3), in paragraph (a) omit “Welsh”.
      (4)
In the title, omit “—Wales”.
23    (1)
Section 332A (advice and information for parents—England) is repealed.
40
      (2)
In consequence of the repeal made by sub-paragraph (1), section 2 of the
Special Educational Needs and Disability Act 2001 is repealed.

Children and Families Bill
Schedule 3 — Special educational needs: consequential amendments
Part 1 — Amendments to the Education Act 1996
144

      (3)
The repeals made by sub-paragraphs (1) and (2) do not affect the application
for the time being of section 332A to certain local authorities in Wales by
virtue of article 4(a) of the Education (Wales) Measure 2009
(Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/
320).
5
24    (1)
Section 332AA (advice and information— Wales) is amended as follows.
      (2)
In subsection (1) omit “in Wales”.
      (3)
In the title, omit “— Wales”.
25    (1)
Section 332B (resolution of disputes—England) is repealed.
      (2)
In consequence of the repeal made by sub-paragraph (1), section 3 of the
10
Special Educational Needs and Disability Act 2001 is repealed.
      (3)
The repeals made by sub-paragraphs (1) and (2) do not affect the application
for the time being of section 332B to certain local authorities in Wales by
virtue of article 4(b) of the Education (Wales) Measure 2009
(Commencement No 3 and Transitional Provisions) Order 2012 (SI 2012/
15
320).
26    (1)
Section 332BA (resolution of disputes—Wales) is amended as follows.
      (2)
In subsections (1) and (2) omit “in Wales”.
      (3)
In the title, omit “—Wales”.
27    (1)
Section 332BB (independent advocacy services—Wales) is amended as
20
follows.
      (2)
In subsections (1) and (5) omit “in Wales”.
      (3)
In the title, omit “—Wales”.
28    (1)
Sections 332C to 332E (information about children in England with special
educational needs) are repealed, and the cross-heading which precedes
25
section 332C is omitted.
      (2)
In consequence of the repeals made by sub-paragraph (1), section 1 of the
Special Educational Needs (Information) Act 2008 is repealed.
29
In the cross-heading which precedes section 333 (Special Educational Needs
Tribunal) after “Tribunal” insert “for Wales”.
30
30    (1)
Section 333 (constitution of Welsh Tribunal) is amended as follows.
      (2)
Omit subsection (1ZB).
      (3)
In the following provisions, omit “Welsh”—
(a)
subsection (1),
(b)
in subsection (2), paragraphs (a), (b) and (c),
35
(c)
in subsection (5), paragraph (a), and paragraph (b) (in the first place
it occurs), and
(d)
subsection (6) (in the second place it occurs).
      (4)
In the title, omit “Welsh”.
31
In section 335 (remuneration and expenses), in subsection (1) and (2) omit
40
“Welsh” (in each case, in the second place it occurs).

Children and Families Bill
Schedule 3 — Special educational needs: consequential amendments
Part 1 — Amendments to the Education Act 1996
145

32    (1)
Section 336 (Tribunal procedure) is amended as follows.
      (1)
In the following provisions omit “Welsh”—
(a)
subsection (1) (in the second place it occurs),
(b)
in subsection (2), paragraphs (b), (o) and (p),
(c)
subsection (2A),
5
(d)
subsection (3) (in the second place it occurs), and
(e)
subsection (4) (in the first place it occurs).
      (2)
Omit subsection (5A).
      (3)
In subsection (6) omit “or (5A)”.
33    (1)
Section 336ZB (appeals from the Welsh Tribunal to the Upper Tribunal) is
10
amended as follows.
      (2)
In the following provisions, omit “Welsh”—
(a)
subsection (1) (in both places it occurs),
(b)
subsection (2), and
(c)
subsection (3).
15
      (3)
In the title, omit “Welsh”.
34
In section 336A (compliance with orders), in subsection (2)—
(a)
after “made” insert “by the Welsh Ministers with the agreement of
the Secretary of State.”, and
(b)
omit paragraphs (a) and (b).
20
35
For section 337 (special schools) substitute—
“337
Special schools
A school is a special school if it is specially organised to make special
educational provision for pupils with special educational needs, and
it is—
25
(a)
maintained by a local authority,
(b)
an Academy school, or
(c)
a non-maintained special school.”
36
In section 342 (approval of non-maintained special schools), in subsection
(1)(b) after “community or foundation special school” insert “or an Academy
30
school”.
37    (1)
Section 348 (provision of special education at non-maintained schools) is
amended as follows.
      (2)
In subsection (1) after paragraph (a) (and before the “and” which follows it)
insert—
35
“(aa)
the child is in the area of a local authority in Wales,”.
      (3)
In the title, at the end insert “—Wales”.
38    (1)
Section 438 (choice of school: child without statement of special educational
needs) is amended as follows.
      (2)
In subsection (1)—
40
(a)
after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and

Children and Families Bill
Schedule 3 — Special educational needs: consequential amendments
Part 1 — Amendments to the Education Act 1996
146

(b)
after “section 324” insert “(in the case of a local authority in Wales)”.
      (3)
In the title, after “without” insert “EHC plan or”.
39    (1)
Section 440 (amendment of order at request of parent: child without
statement of special educational needs) is amended as follows.
      (2)
In subsection (1)—
5
(a)
after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and
(b)
after “section 324” insert “(in the case of a local authority in Wales)”.
      (3)
In the title, after “without” insert “EHC plan or”.
40    (1)
Section 441 (choice of school: child with statement of special educational
10
needs) is amended as follows.
      (2)
In subsection (1)—
(a)
after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”, and
(b)
after “section 324” insert “(in the case of a local authority in Wales)”.
15
      (3)
In subsection (2) after “Where the” insert “EHC plan or”.
      (4)
In subsection (3)—
(a)
after “Where the” insert “EHC plan or”, and
(b)
after “amend the” insert “EHC plan or”.
      (5)
After subsection (3A) insert—
20
“(3B)
An amendment to an EHC plan required to be made under
subsection (3)(a) shall be treated as if it were an amendment made
following a review under section 44 of the Children and Families Act
2013, and that section and regulations made under it apply
accordingly.”
25
      (6)
In subsection (4)—
(a)
in paragraph (a) after “maintain” insert “an EHC plan or”, and
(b)
in paragraph (b) after “specified in the” insert “plan or”.
      (7)
In the title, after “with” insert “EHC plan or”.
41
In section 442 (revocation of order at request of parent), in subsection (5)—
30
(a)
after “maintain” insert “an EHC plan (in the case of a local authority
in England) or”,
(b)
after “section 324” insert “(in the case of a local authority in Wales)”,
(c)
in paragraph (a) after “specified in” insert “the EHC plan or”, and
(d)
in paragraph (b) after “in the” insert “plan or the”.
35
42
In section 463 (meaning of “independent school”)—
(a)
in subsection (1)(b), after “for whom” insert “an EHC plan is
maintained or for whom”, and
(b)
in subsection (1), for “or a special school not so maintained”
substitute “non-maintained special school”.
40
43    (1)
Section 483A (city colleges and academies: special educational needs) is
amended as follows.