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 18
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
140A     Page 17, line 1, leave out subsection (1) and insert--
        ("(1)  The Tribunal shall establish the procedures to be followed on a claim of unlawful discrimination under this Chapter, and shall take into consideration any advice on procedure offered by the Secretary of State.")
 
  
BY THE LORD BEAUMONT OF WHITLEY
 
141     Page 17, line 5, at end insert--
 
    ("(  )  The regulations shall make provision for consulting the child whose views shall be taken into account.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
142     Page 17, leave out lines 6 to 45 
  
BY THE LORD ASHLEY OF STOKE
 
143     Page 17, line 8, at end insert--
    ("(  )  as to the circumstances in which the claim may be brought by a child having regard to the child's age and maturity,")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
144     Page 18, line 12, leave out from ("but") to end of line 14 and insert ("the Secretary of State may direct, for a particular case, that provision in such proceedings shall correspond to all or part of that Part") 
145     Page 18, line 15, leave out ("regulations may make provision") and insert ("Secretary of State may direct, for a particular case,") 
  
Clause 21
 
  
BY THE BARONESS BLACKSTONE
 
146     Page 20, line 20, at end insert--
        ("(1A)  Subsection (1B) applies in relation to--
      (a)  special schools which are not maintained special schools but which are approved by the Secretary of State, or by the National Assembly, under section 342 of the Education Act 1996; and
      (b)  city academies.
        (1B)  If the appropriate authority is satisfied (whether on a complaint or otherwise) that a responsible body--
      (a)  has acted, or is proposing to act, unreasonably in the discharge of a duty which that body has in relation to--
            (i)  the provision to the appropriate authority of copies of that body's accessibility plan, or
            (ii)  the inspection of that plan, or
      (b)  has failed to discharge that duty,
    it may give that body such directions as to the discharge of the duty as appear to it to be expedient.")
 
146A     Page 20, line 21, after ("(1)") insert ("or (1B)") 
147     Page 20, line 26, leave out ("appropriate authority") and insert ("Secretary of State") 
148     Page 20, line 32, leave out ("it") and insert ("he") 
149     Page 20, line 33, leave out ("it") and insert ("him") 
150     Page 20, line 34, after ("(1)") insert (", (1B)") 
151     Page 20, line 35, leave out ("appropriate") and insert ("directing") 
152     Page 20, line 38, leave out ("appropriate") and insert ("directing") 
153     Page 20, line 43, at end insert--
        ("(  )  Directing authority" means--
      (a)  the Secretary of State in relation to a direction given by him; and
      (b)  the National Assembly in relation to a direction given by it.")
 
  
Clause 22
 
  
BY THE BARONESS BLACKSTONE
 
154     Page 21, line 6, leave out ("57 or") 
  
BY THE EARL MAR AND KELLIE
 
155     Page 21, line 15, leave out ("other than an award of damages") 
156     Page 21, line 16, at end insert--
 
    ("(3A)  For the avoidance of doubt, it is hereby declared that damages in respect of discrimination in a way which is unlawful under this Chapter may include compensation for injury to feelings whether or not they include compensation under any other head.")
 
  
Clause 24
 
  
BY THE EARL MAR AND KELLIE
 
157     Page 22, line 16, leave out ("disabled person") and insert ("person with a physical, mental, emotional or psychological disability") 
  
BY THE BARONESS BLACKSTONE
 
158     Page 23, line 45, at end insert--
        ("(  )  Accessibility strategy" and "accessibility plan" have the meaning given in section 28D.")
 
  
Clause 25
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
159     Page 24, line 20, at end insert ("on the grounds of the disability") 
160     Page 24, line 24, at end insert ("on the grounds of the disability") 
  
BY THE BARONESS BLACKSTONE
 
161     Page 25, line 6, leave out ("1(5)(b)(iii)") and insert ("1(5)(b)(ii)") 
  
BY THE EARL MAR AND KELLIE
 
162     Page 25, leave out lines 20 to 22 and insert--
 
    ("(12)  For the purposes of subsection (2), student services include the provision of education and services related to teaching and learning as well as wider services related to teaching and learning, as well as wider services such as accommodation and leisure facilities provided mainly for use by students.")
 
  
Clause 26
 
  
BY THE LORD ASHLEY OF STOKE
 
163     Page 25, line 43, after ("disabled,") insert ("despite the fact that it had in place a policy and structures to find out,") 
  
BY THE LORD ADDINGTON
THE BARONESS SHARP OF GUILDFORD
THE BARONESS DARCY DE KNAYTH
THE BARONESS BLATCH
 
164     Page 25, line 43, after ("disabled,") insert--
    ("(  )  that it had taken reasonable steps to find out if he was disabled,")
 
165     Page 26, line 5, after ("know,") insert ("and had taken reasonable steps to find out,") 
  
BY THE LORD ASHLEY OF STOKE
 
166     Page 26, line 5, at end insert (", despite the fact that it had in place a policy and structures to find out") 
  
Clause 27
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
167     Page 26, line 37, leave out ("substantial") 
  
BY THE BARONESS SHARP OF GUILDFORD
 
167A*     Page 26, line 43, at end insert (", and
    (  )  in relation to any qualifying requirements or examinations needed for or facilitating engagement in a particular profession, whether set by the institution itself or by an external qualifying body, and which are adopted by the institution, disabled students are not placed at a substantial disadvantage in comparison with students who are not disabled")
 
  
BY THE LORD RIX
THE BARONESS DARCY DE KNAYTH
 
168     Page 26, line 43, at end insert--
 
    ("(  )  Regulations may make provision, for the purposes of this section--
    (a)  as to circumstances in which it is reasonable for a responsible body to have to take steps of a prescribed description;
    (b)  as to steps which it is always reasonable for a responsible body to have to take;
    (c)  as to circumstances in which is is not reasonable for a responsible body to have to take steps of a prescribed description;
    (d)  as to steps which it is never reasonable for a responsible body to have to take.
    (  )  In order to comply with its duty under subsection (1), a responsible body may in particular take steps to--
    (a)  adjust premises;
    (b)  adjust course content, including work placements;
    (c)  adjust teaching arrangements;
    (d)  provide or arrange transport to and from a further education institution;
    (e)  provide or arrange additional teaching;
    (f)  provide or arrange communication support or services;
    (g)  provide or arrange materials and information in alternative formats;
    (h)  provide or arrange staff training;
    (i)  employ support workers;
    (j)  change policies, practices and procedures.")
 
  
BY THE LORD ASHLEY OF STOKE
THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
169     Page 26, line 44, leave out from beginning to end of line 20 on page 27 
170     [Withdrawn] 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
171     Page 27, line 5, at end insert--
    ("(  )  any grants available to the institution in order to facilitate the education of disabled students;")
 
  
BY THE BARONESS BLATCH
 
172     Page 27, line 20, at end insert ("including, without prejudice to the generality of the foregoing, the consideration that the interest of disabled pupils, other pupils' and other such persons' interests will depend in part on the proportion that disabled students constitute of the total number of students in any one institution") 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
173     Page 27, line 23, leave out subsection (4) 
  
Clause 29
 
  
BY THE BARONESS SHARP OF GUILDFORD
THE LORD ADDINGTON
 
174     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
 
175     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.")
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
176     Page 28, line 28, leave out ("injury to feelings") and insert ("any personal offence caused") 
  
BY THE BARONESS SHARP OF GUILDFORD
 
177     Page 28, leave out lines 30 to 36 
  
BY THE EARL MAR AND KELLIE
 
178     Page 28, line 35, leave out ("(as the case may be)") and insert ("(in Scotland)") 
  
Clause 30
 
  
BY THE BARONESS BLATCH
THE BARONESS MILLER OF HENDON
THE BARONESS SECCOMBE
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 30 stand part of the Bill. 
  
Clause 31
 
  
BY THE BARONESS BLACKSTONE
 
179     Page 29, line 44, leave out from ("substitution") to end of line 1 on page 30 and insert (", for paragraphs (a) and (b) of subsection (2), of "under section 28V".") 
 
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Prepared 5 February 2001