Special Educational Needs and Disability Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 9
 
  
BY THE LORD LUCAS
 
     The Lord Lucas gives notice of his intention to oppose the Question that Clause 9 stand part of the Bill. 
  
After Clause 9
 
  
BY THE LORD LUCAS
 
     Insert the following new Clause-- 
 
        ("  .  In section 576 of the 1996 Act (meaning of "parent"), after subsection (4) insert--
        (5)  For the purposes of Part IV of this Act, a child may exercise the rights conferred on a parent in relation to the Special Educational Needs Tribunal if that Tribunal declares that he is capable of so doing."")
Exercise of rights by child.
  
BY THE BARONESS DAVID
THE LORD RIX
 
     Insert the following new Clause-- 
     ("  .  In section 323 of the 1996 Act (assessment of educational needs), after subsection (4) insert--
        (4A)  In making an assessment under this section the local education authority shall take account of the ascertainable wishes of the child."")
Wishes of child.
     Insert the following new Clause-- 
     ("  .  In section 324 of the 1996 Act, after subsection (3) insert--
        (3A)  In making and maintaining a statement under this section the local education authority shall take account of the ascertainable wishes of the child."")
Wishes of child (No. 2).
  
BY THE LORD JENKIN OF RODING
 
     Insert the following new Clause-- 
     ("  .  Regulations may be made under this Part requiring local education authorities to reserve sufficient resources properly to discharge their duties under Part IV of the 1996 Act as amended by this Act.")Resources.
  
Clause 10
 
  
BY THE LORD LUCAS
 
     Page 9, line 20, at end insert--
 
    ("(  )  In section 1 of the 1995 Act (meaning of "disability" and "disabled person"), after subsection (2) insert--
        (3)  For the purposes of dissemination under this section, any child having a statement of special educational needs shall be regarded as disabled."")
 
  
Clause 11
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
     Page 9, line 38, after ("question") insert ("having taken steps to inform itself as fully as possible about any disabilities and identified special needs of pupils and prospective pupils") 
  
Clause 12
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
THE LORD RIX
 
     Page 11, line 11, leave out from ("had") to end of line 26 and insert ("to the code of practice under section 35") 
  
BY THE LORD LUCAS
 
     Page 11, leave out lines 12 and 13 
  
After Clause 13
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Insert the following new Clause-- 
     ("  .  Her Majesty's Chief Inspector of Schools shall report to the Secretary of State on--
    (a)  the quality of the provision made by schools for children with special educational needs and disabilities;
    (b)  the extent to which schools have used their delegated budget to meet the needs of children with special educational needs and disabilities;
    (c)  the quality of policies drawn up by schools under section 317(5) of the Education Act 1996;
    (d)  the extent to which the objectives for schools' policies are achieved;
    (e)  the quality of the plans drawn up by schools under section 13; and
    (f)  the extent to which the plans drawn up under section 13 have been implemented by schools.")
Monitoring school performance via Ofsted.
  
Clause 26
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS DARCY DE KNAYTH
 
     Page 25, line 43, after ("disabled,") insert--
    ("(  )  that it had taken reasonable steps to find out if he was disabled,")
 
     Page 26, line 5, after ("know,") insert ("and had taken reasonable steps to find out,") 
  
Clause 29
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 28, line 22, leave out from ("Made") to end of line 24 and insert ("to the Special Educational Needs and Disability Tribunal in England and Wales and to industrial tribunals in Scotland") 
  
BY THE BARONESS SHARP OF GUILDFORD
 
     Page 28, line 24, at end insert--
 
    ("(1A)  If the Tribunal considers that a claim under subsection (1) is well founded, it shall take such of the following steps as it considers just and equitable--
    (a)  naming a declaration as to the rights of the complainant and the respondent in relation to the matters to which the complaint relates;
    (b)  ordering that the respondent take, within a specified period, action appearing to the tribunal to be reasonable, in all the circumstances of the case, for the purpose of obviating or reducing the adverse effect on the complainant of any matter to which the complaint relates; and
    (c)  ordering the respondent to pay compensation to the complainant.
    (1B)  Where a tribunal orders compensation under subsection (1A)(c), the amount of the compensation shall be calculated by applying the principles applicable to the calculation of damages in claims in tort or (in Scotland) in reparation for breach of statutory duty.")
 
     Page 28, leave out lines 30 to 36 
  
Clause 32
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
     Page 30, line 14, after ("employed") insert ("in respect of that research") 
  
Clause 35
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
     Page 31, line 18, at end insert--
 
    ("(  )  In preparing codes of practice under subsections (1) and (1A), the Disability Rights Commission shall consult others, including--
    (a)  those to whom the practical guidance may apply; and
    (b)  organisations of disabled people.")
 
  
Clause 39
 
  
BY THE LORD ADDINGTON
THE LORD RIX
 
     Page 33, line 40, at end insert ("and in particular shall have regard to the needs of teachers in initial teacher training to understand and be prepared for the requirements of the Disability Discrimination Act 1995 and of Part IV of the Education Act 1996") 
  
After Clause 39
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS DARCY DE KNAYTH
 
    ("  .--(1)  In exercising their functions, professional bodies shall have due regard to the need to promote equality of opportunity between disabled and non-disabled persons. 
     (2)  For the purposes of subsection (1), "professional bodies" means any public body that accredits vocational educational courses in the further or higher educational sectors, or that controls membership of a profession.")Professional bodies.
  
Schedule 2
 
  
BY THE BARONESS SHARP OF GUILDFORD
 
     Page 38, line 14, leave out ("county court or a sheriff court") and insert ("tribunal") 
     Page 38, line 23, leave out ("court") and insert ("tribunal") 
  
Schedule 7
 
  
BY THE LORD LUCAS
 
     Page 46, line 13, at end insert--
 
    ("(  )  In paragraph 3(3)(b) of that Schedule (choice of school) the words "or the efficient use of resources" are omitted.
 
    (  )  After sub-paragraph (3) of that paragraph insert--
 
    (3A)  The duty imposed under sub-paragraph (2) in relation to a preference expressed in accordance with arrangements made under sub-paragraph (1) shall apply also in relation to a school that is not maintained by that local education authority.")
 
 
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