Children and Families Bill

Session 2012 - 13
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Other Bills before Parliament

Children and Families Bill

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
45

(b)
in the case of an Academy school or an alternative provision Academy,
the proprietor;
(c)
in the case of a pupil referral unit, the management committee.
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SEN information report
(1)
This section imposes a duty on—
5
(a)
the governing bodies of maintained schools and maintained nursery
schools in England, and
(b)
the proprietors of Academy schools.
(2)
A governing body or proprietor must prepare a report containing SEN
information.
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(3)
“SEN information” is—
(a)
such information as may be prescribed about the implementation of the
governing body’s or proprietor’s policy for pupils at the school with
special educational needs;
(b)
information as to—
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(i)
the arrangements for the admission of disabled persons as
pupils at the school;
(ii)
the steps taken to prevent disabled pupils from being treated
less favourably than other pupils;
(iii)
the facilities provided to assist access to the school by disabled
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pupils;
(iv)
the plan prepared by the governing body or proprietor under
paragraph 3 of Schedule 10 to the Equality Act 2010
(accessibility plan).
(4)
In this section—
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“disabled person” means a person who is a disabled person for the
purposes of the Equality Act 2010;
“disabled pupil” includes a disabled person who may be admitted to a
school as a pupil.
Information to improve well-being of children and young people with SEN
30
65
Provision and publication of special needs information
(1)
The Secretary of State must exercise the powers listed in subsection (2) with a
view to securing, in particular, the provision of special needs information
which the Secretary of State thinks would be likely to assist the Secretary of
State or others in improving the well-being of—
35
(a)
children in England with special educational needs, and
(b)
young people aged under 19 in England with special educational
needs.
(2)
The powers are those of the Secretary of State under the following provisions
of EA 1996 (so far as relating to England)—
40
(a)
section 29 (information from local authorities for purposes of Secretary
of State’s functions);
(b)
section 408 (information in relation to maintained schools);
(c)
section 537 (information about schools);

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
46

(d)
section 537A (information about individual pupils);
(e)
section 537B (information about children receiving funded education
outside school);
(f)
section 538 (information from governing bodies for purposes of
Secretary of State’s education functions).
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(3)
In each calendar year, the Secretary of State must publish, or arrange to be
published, special needs information which has been obtained under EA 1996,
where the Secretary of State thinks the publication of the information would be
likely to assist the Secretary of State or others in improving the well-being of —
(a)
children in England with special educational needs, and
10
(b)
young people aged under 19 in England with special educational
needs.
(4)
Information published under subsection (3) must be published in the form and
manner that the Secretary of State thinks fit, except that the names of the
children and young people to whom the information relates must not be
15
included.
(5)
The Secretary of State may make a charge, or arrange for a charge to be made,
for documents supplied by virtue of this section.
(6)
A charge under subsection (5) must not exceed the cost of supply.
(7)
“Special needs information” means—
20
(a)
information about children, and young people, in England with special
educational needs, and
(b)
information about special educational provision made for those
children and young people.
(8)
References in this section to the well-being of children and young people with
25
special educational needs are to their well-being so far as relating to—
(a)
physical and mental health and emotional well-being;
(b)
protection from abuse and neglect;
(c)
control by them over their day-to-day lives;
(d)
participation in education, training or recreation;
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(e)
social and economic well-being;
(f)
domestic, family and personal relationships;
(g)
the contribution made by them to society.
Code of practice
66
Code of practice
35
(1)
The Secretary of State must issue a code of practice giving guidance about the
exercise of their functions under this Part to—
(a)
local authorities in England;
(b)
the governing bodies of schools;
(c)
the governing bodies of institutions within the further education sector;
40
(d)
the proprietors of Academies;
(e)
the management committees of pupil referral units;

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
47

(f)
the proprietors of institutions approved by the Secretary of State under
section 41 (independent special schools and special post-16 institutions:
approval);
(g)
providers of relevant early years education;
(h)
the National Health Service Commissioning Board;
5
(i)
clinical commissioning groups;
(j)
NHS trusts;
(k)
NHS foundation trusts;
(l)
Local Health Boards.
(2)
The Secretary of State may revise the code from time to time.
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(3)
The Secretary of State must publish the current version of the code.
(4)
The persons listed in subsection (1) must have regard to the code in exercising
their functions under this Part.
(5)
Those who exercise functions for the purpose of the exercise by those persons
of functions under this Part must also have regard to the code.
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(6)
The First-tier Tribunal must have regard to any provision of the code that
appears to it to be relevant to a question arising on an appeal under this Part.
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Making and approval of code
(1)
Where the Secretary of State proposes to issue or revise a code under section
66, the Secretary of State must prepare a draft of the code (or revised code).
20
(2)
The Secretary of State must consult such persons as the Secretary of State
thinks fit about the draft and must consider any representations made by them.
(3)
If the Secretary of State decides to proceed with the draft (in its original form
or with modifications), the Secretary of State must lay a copy of the draft before
each House of Parliament.
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(4)
If, within the 40-day period, either House resolves not to approve the draft, the
Secretary of State may not take any further steps in relation to the proposed
code (or proposed revised code).
(5)
If no such resolution is made within the 40-day period, the Secretary of State
must issue the code (or revised code) in the form of the draft, and it comes into
30
force on such date as the Secretary of State may by order appoint.
(6)
Subsection (4) does not prevent a new draft of a proposed code (or proposed
revised code) from being laid before Parliament.
(7)
In this section “40-day period”, in relation to the draft of a proposed code (or
proposed revised code), means—
35
(a)
if the draft is laid before one House on a later day than the day on which
it is laid before the other, the period of 40 days beginning with the later
of the two days, and
(b)
in any other case, the period of 40 days beginning with the day on
which the draft is laid before each House.
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(8)
For the purposes of subsection (7), no account is to be taken of any period
during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than four days.

Children and Families Bill
Part 3 — Children and young people in England with special educational needs
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Supplementary
68
Parents and young people lacking capacity
(1)
Regulations may apply any statutory provision with modifications, for the
purpose of giving effect to this Part in a case where the parent of a child, or a
young person, lacks capacity at the relevant time.
5
(2)
Regulations under subsection (1) may in particular include provision for—
(a)
references to a child’s parent to be read as references to, or as including
references to, a representative of the parent;
(b)
references to a young person to be read as references to, or as including
references to, a representative of the young person, the young person’s
10
parent, or a representative of the young person’s parent;
(c)
modifications to have effect in spite of section 27(1)(g) of the Mental
Capacity Act 2005 (Act does not permit decisions on discharging
parental responsibilities in matters not relating to a child’s property to
be made on a person’s behalf).
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(3)
“Statutory provision” means a provision made by or under this or any other
Act, whenever passed or made.
(4)
“The relevant time” means the time at which, under the statutory provision in
question, something is required or permitted to be done by or in relation to the
parent or young person.
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(5)
The reference in subsection (1) to lacking capacity is to lacking capacity within
the meaning of the Mental Capacity Act 2005.
(6)
“Representative”, in relation to a parent or young person, means—
(a)
a deputy appointed by the Court of Protection under section 16(2)(b) of
the Mental Capacity Act 2005 to make decisions on the parent’s or
25
young person’s behalf in relation to matters within this Part;
(b)
the donee of a lasting power of attorney (within the meaning of section
9 of that Act) appointed by the parent or young person to make
decisions on his or her behalf in relation to matters within this Part;
(c)
an attorney in whom an enduring power of attorney (within the
30
meaning of Schedule 4 to that Act) created by the parent or young
person is vested, where the power of attorney is registered in
accordance with paragraphs 4 and 13 of that Schedule or an application
for registration of the power of attorney has been made.
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Part does not apply to detained children and young people
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Nothing in or made under this Part applies to a child or young person who is
detained in pursuance of—
(a)
an order made by a court, or
(b)
an order of recall made by the Secretary of State.
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Disapplication of Chapter 1 of Part 4 of EA 1996 in relation to children in
40
England
Chapter 1 of Part 4 of EA 1996 (children with special educational needs) ceases
to apply in relation to children in the area of a local authority in England.