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Amendments to the Special Educational Needs and Disability Bill [H.L.]

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

Here you can browse the Marshalled List of Amendments to the Special Educational Needs and Disability Bill [H.L.] to be moved in Grand Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Before Clause 1
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
1*     Insert the following new Clause-- 
     ("  .--(1) Section 316 of the Education Act 1966 ("the 1996 Act"), is amended as follows.
 
    (2) In subsection (1), leave out "if the conditions mentioned in subsection (2) are satisfied".
 
    (3) Leave out subsection (2).")
Section 316: removal of conditions
  
Clause 1
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
2*     Page 1, line 11, leave out ("who should") and insert ("whom the parents of that child wish to") 
  
BY THE LORD NORTHBOURNE
 
3*     Page 1, line 13, after ("child,") insert ("and it is in the child's best interests,") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
4*     Page 1, line 13, leave out ("educated") and insert ("registered") 
5*     Page 1, line 13, at end insert ("unless that is incompatible with the wishes of his parent") 
  
BY THE LORD BAKER OF DORKING
 
6*     Page 1, line 15, after ("child,") insert ("and education in a mainstream school is appropriate and can meet the needs of the child,") 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
7     Page 1, line 15, leave out from ("school") to end of line 19 and insert ("where it is judged in the best interests of the child and is in accordance with the ascertainable wishes of the child") 
  
BY THE LORD NORTHBOURNE
 
8*     Page 1, line 16, at end insert--
    ("(  )  the best wishes of the child,")
 
  
BY THE BARONESS DAVID
THE LORD RIX
THE LORD BAKER OF DORKING
THE BARONESS SHARP OF GUILDFORD
 
9     Page 1, line 17, after ("parent") insert ("and the ascertainable wishes of the child") 
  
BY THE LORD ASHLEY OF STOKE
 
10*     Page 1, line 17, after ("parent") insert ("or the child's wishes having regard to his age and maturity") 
  
BY THE LORD PEARSON OF RANNOCH
 
11*     Page 1, line 17, after ("parent") insert ("which shall normally prevail") 
  
BY THE LORD LUCAS
 
12     Page 1, line 17, after ("parent,") insert--
    ("(  )  if appropriate, his wishes,")
 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS WILKINS
THE BARONESS DARCY DE KNAYTH
 
13     Page 1, leave out lines 18 and 19 
  
BY THE LORD ASHLEY OF STOKE
 
14*     Page 1, line 18, leave out ("other") and insert ("all") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
15*     Page 1, line 19, at end insert (",  or
    (  )  the provision of the necessary support for that child")
 
  
BY THE LORD LUCAS
 
16     Page 1, line 19, at end insert--
 
    ("(3A)  If subsection (3)(a) or (b) above apply to a child, he shall be educated at a school which is not a mainstream school.")
 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
 
17     Page 1, line 19, at end insert--
 
    ("(  )  Her Majesty's Chief Inspector of Schools shall report to the Secretary of State on the use of subsection (3)(a) and (b) above.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
18*     Page 2, leave out lines 9 and 10 
  
BY THE LORD LUCAS
 
19     Page 2, line 9, after ("the") insert ("excess") 
  
BY THE LORD NORTHBOURNE
 
20*     Page 2, line 10, at end insert ("or if the authority is of the opinion that education in such a school is in the best interests of the child and in accordance with the wishes of his parents, and that the child's needs cannot be adequately met by education in any available maintained school") 
  
BY THE LORD PEARSON OF RANNOCH
 
21*     Page 2, line 10, at end insert--
 
    ("(  )  Section 316 does not prevent a child from being educated in a special independent school where the cost is met by a local education authority.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
22*     Page 2, leave out line 17 
23*     Page 2, leave out lines 18 and 19 
24*     Page 2, leave out lines 21 to 23 
25*     Page 2, leave out lines 30 to 32 
26*     Page 2, line 33, at end insert (", taking into account where possible the wishes of the child") 
  
BY THE LORD LUCAS
 
27     Page 2, leave out lines 39 to 46 
  
BY THE LORD ASHLEY OF STOKE
 
28*     Page 3, line 8, after ("steps") insert ("in relation to the arrangements it makes for education or associated services provided for, or offered to, pupils at the school") 
  
BY THE LORD LUCAS
 
29     Page 3, line 10, at end insert--
 
    ("(  )  In making a decision under subsections (5) and (6) above, the efficient use of resources may not be taken into account.")
 
  
BY THE LORD ADDINGTON
 
30     Page 3, line 10, at end insert--
 
    ("(  )  Reasonable steps taken in subsections (5) and (6) above shall include--
    (a)  taking account of the inclusion statement in the National Curriculum;
    (b)  arranging for additional staff to work in the classroom;
    (c)  making arrangements to accommodate the medical needs of pupils; and
    (d)  changes to the timetable to accommodate the special educational needs of the child.")
 
  
BY THE BARONESS BLACKSTONE
 
31     Page 3, line 17, at end insert--
        ("(  )  Prescribed", in relation to Wales, means prescribed in regulations made by the National Assembly for Wales.")
 
  
After Clause 1
 
  
BY THE BARONESS DARCY DE KNAYTH
 
32     Insert the following new Clause-- 
     ("  .  At the end of paragraph 2(2) of Schedule 26 to the 1996 Act insert "on the nature of a child's special educational needs and on the type and the amount of special educational provision required to meet them."")Advice on special educational needs.
33     Insert the following new Clause-- 
     ("  .--(1)  In the 1996 Act, section 326 is amended as follows.
 
    (2)  In subsection (1)(a) after "the" insert "first or subsequent" and leave out "first".
 
    (3)  Leave out subsection (1)(b).
 
    (4)  In subsection (1)(c) leave out "amend the statement" and insert "substitute a new statement for the existing statement".
 
    (5)  Leave out subsection (2).")
Substitution of new statement.
34     Insert the following new Clause-- 
     ("  .--(1)  Paragraph 10 of Schedule 27 to the 1996 Act is amended as follows.
 
    (2)  After sub-paragraph (1)(b) insert--
    (c)  of his right to request a meeting between an officer of the authority at which the proposed amendment can be discussed, and
    (d)  of his right to express a preference as to the maintained or maintained special school at which he wishes education to be provided.".
    (3)  In sub-paragraph (2), at end insert "require the authority to arrange a meeting between an officer of the authority at which the proposed amendment can be discussed, and express a preference as to the maintained or maintained special school at which he wishes education to be provided".
 
    (4)  After sub-paragraph (3) insert--
 
    (3A)  Where a local authority amend a statement in a case where the parent of a child concerned has expressed a preference for a maintained or maintained special school at which he wishes education to be provided for his child, they shall specify the name of that school in the amended statement unless--
    (a)  the school is unsuitable to the child's age, ability or aptitude or to his special educational needs, or
    (b)  the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources."")
Preference of school.
  
BY THE LORD LUCAS
 
35     Insert the following new Clause-- 
     ("  .  In the 1996 Act, insert the following section--Special Educational Needs Tribunal: establishment of conciliation service.
 Conciliation service.     333A. The Tribunal may establish and maintain a conciliation service."") 
36     Insert the following new Clause-- 
      ("  .  In section 312(1) of the 1996 Act (definitions), after "difficulty" insert ", or a difficulty in accessing education suitable for his abilities,".")Access to suitable education for child with learning difficulty.
  
BY THE BARONESS DARCY DE KNAYTH
 
37     Insert the following new Clause-- 
      ("  .  In paragraph 10(4) of Schedule 27 to the 1996 Act, leave out all the words after second "statement" and insert--
    (a)  they shall give notice in writing to the parent of his right under paragraph (b) below to appeal to the Special Educational Needs Tribunal; and
    (b)  the parent may appeal against the description in the statement of the authority's assessment of the child's special educational needs, or the special educational provision specified in the statement or, if no school is named in the statement, that fact."")
Amendment of statement: appeals.
  
BY THE LORD LUCAS
 
38     Insert the following new Clause-- 
      ("  .  In paragraph 10 of Schedule 27 to the 1996 Act (serving of notice by local education authority), after sub-paragraph (4) insert--
        (4AA)  A local education authority may not, under this paragraph, amend a statement if--
      (a)  the parent of the child has appealed under this paragraph against the authority's determination to amend the statement, and
      (b)  the appeal has not been determined by the Tribunal or withdrawn."")
Amendment of statement: appeals
(No. 2).
  
BY THE BARONESS DAVID
THE LORD RIX
THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
39     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.
40     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 PEARSON OF RANNOCH
 
41*     Insert the following new Clause-- 
     ("  .  In the 1966 Act, after section 316, insert--Expense.
 Expense.     316A.  In the exercise of any functions under this Part, provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision."") 
  
BY THE BARONESS BLATCH
 
42*     Insert the following new Clause-- 
      ("  .  In paragraph 3(4) of the 1996 Act, after second "school" insert , providing them with a copy of the draft statement,".")Informing schools.
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
43*     Insert the following new Clause-- 
 ("(STATEMENTS OF SPECIAL EDUCATIONAL NEED> 
      In section 324 of the 1996 Act at the end of subsection (2) insert--
 
and shall have regard to:--
    (a)  as of paramount concern, the best interests of the child; and
    (b)  the wishes of the child's parents and, where ascertainable, also the wishes of the child; but not
    (c)  the financial resources of the authority or any policy of the authority to constrain the provision of services to support special education needs."")
Factors to be taken into account.
44*     Insert the following new Clause-- 
      ("  .  In section 324 of the 1996 Act, after subsection (3) insert--
 
    (3A)  Any such specification of a special educational provision under subsection (3) shall be invalid unless it shall sufficiently state the duration and frequency thereof."")
Duration of provision.
 
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Prepared 22 January 2001