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Written Question
Special Educational Needs
Thursday 4th February 2016

Asked by: Lord Lingfield (Conservative - Life peer)

Question to the Department for Education:

To ask Her Majesty’s Government what actions they are taking to increase the take-up of personal budgets and direct payments, in particular for educational provision, in line with section 49 of the Children and Families Act 2014, the Special Educational Needs (Personal Budgets) Regulations 2014, and Chapter 9 of the Special Educational Needs and Disability Code of Practice 2015.

Answered by Lord Nash

The Department is monitoring the implementation of the Special Educational Needs and Disability (SEND) reforms and securing a wide range of feedback. This feedback is collected through statutory data collection; regular surveys of local authorities, parents and carers; regular inputs for the Special Educational Consortium (which represents more than 30 organisations); and reports from contractors such as the Council for Disabled Children, which provides Independent Support services in all local authority areas, and Contact a Family, which runs a national helpline for parents of children with SEND.

The Department provides support to local areas in a range of ways, such as voluntary and community sector experts and a team of specialist SEND Advisers.

Local authorities must include information about Personal Budgets in their Local Offers, including information on how to request one. Parents and young people have the right to request a Personal Budget for elements of an Educational Health and Care (EHC) plan; local authorities are under a duty to prepare a budget when requested. Our termly surveys collect responses on the number of EHC plans which carry a Personal Budget.

Since April 2013, the Government has provided nearly £1.5 million in funding to a number of projects with voluntary sector organisations to develop materials to support local areas to introduce Personal Budgets. We regularly promote these projects in our communications to families and to organisations in the sector. For example, KIDS produced guidance in 2015, through the Making it Personal 2 project. The Department is currently funding KIDS to build on this project, to develop further guidance and training resources, including some specifically aimed at young people with SEND, in a range of accessible formats. The SEND Gateway, which is run by the National Association for Special Educational Needs, also offers practical resources on Personal Budgets to assist both users and professionals.

Through our regional support networks, we have funded a number of workshops aimed at local authorities, parents and others about Personal Budgets and we will continue to offer support for of this kind.

Following publication of the Children and Families Act 2014, the Government set out the statutory duties to which local authorities and those working with children and young people must adhere, in the SEND Code of Practice: 0-25 years[1]. The Code of Practice includes clear information on the processes of EHC plan assessment and production. The Department’s team of specialist SEND Advisers are working with local areas to improve the quality of EHC plans, and are currently leading workshops on this across England.

The SEND Code of Practice includes clear requirements that all local authorities must meet when developing, publishing and reviewing their Local Offer. All local areas have Local Offers in place, but we recognise that the quality varies. This is another area we are monitoring through our termly surveys, our voluntary and community sector experts and specialist SEND Advisers. We have provided regular advice to local areas about how to improve the quality of Local Offers. We are confident that local authorities are working with their partner bodies and with families and young people to continue to improve their Local Offers to ensure they respond to local needs.

[1] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf


Written Question
Special Educational Needs
Thursday 4th February 2016

Asked by: Lord Lingfield (Conservative - Life peer)

Question to the Department for Education:

To ask Her Majesty’s Government what actions they are taking to ensure that Education Health and Care plans, in particular for young people transferring to post-16 and post-19 provision, meet the requirements for what must be specified under sections 37–48 of the Children and Families Act 2014.

Answered by Lord Nash

The Department is monitoring the implementation of the Special Educational Needs and Disability (SEND) reforms and securing a wide range of feedback. This feedback is collected through statutory data collection; regular surveys of local authorities, parents and carers; regular inputs for the Special Educational Consortium (which represents more than 30 organisations); and reports from contractors such as the Council for Disabled Children, which provides Independent Support services in all local authority areas, and Contact a Family, which runs a national helpline for parents of children with SEND.

The Department provides support to local areas in a range of ways, such as voluntary and community sector experts and a team of specialist SEND Advisers.

Local authorities must include information about Personal Budgets in their Local Offers, including information on how to request one. Parents and young people have the right to request a Personal Budget for elements of an Educational Health and Care (EHC) plan; local authorities are under a duty to prepare a budget when requested. Our termly surveys collect responses on the number of EHC plans which carry a Personal Budget.

Since April 2013, the Government has provided nearly £1.5 million in funding to a number of projects with voluntary sector organisations to develop materials to support local areas to introduce Personal Budgets. We regularly promote these projects in our communications to families and to organisations in the sector. For example, KIDS produced guidance in 2015, through the Making it Personal 2 project. The Department is currently funding KIDS to build on this project, to develop further guidance and training resources, including some specifically aimed at young people with SEND, in a range of accessible formats. The SEND Gateway, which is run by the National Association for Special Educational Needs, also offers practical resources on Personal Budgets to assist both users and professionals.

Through our regional support networks, we have funded a number of workshops aimed at local authorities, parents and others about Personal Budgets and we will continue to offer support for of this kind.

Following publication of the Children and Families Act 2014, the Government set out the statutory duties to which local authorities and those working with children and young people must adhere, in the SEND Code of Practice: 0-25 years[1]. The Code of Practice includes clear information on the processes of EHC plan assessment and production. The Department’s team of specialist SEND Advisers are working with local areas to improve the quality of EHC plans, and are currently leading workshops on this across England.

The SEND Code of Practice includes clear requirements that all local authorities must meet when developing, publishing and reviewing their Local Offer. All local areas have Local Offers in place, but we recognise that the quality varies. This is another area we are monitoring through our termly surveys, our voluntary and community sector experts and specialist SEND Advisers. We have provided regular advice to local areas about how to improve the quality of Local Offers. We are confident that local authorities are working with their partner bodies and with families and young people to continue to improve their Local Offers to ensure they respond to local needs.

[1] https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/398815/SEND_Code_of_Practice_January_2015.pdf


Written Question
Special Educational Needs
Thursday 4th February 2016

Asked by: Lord Lingfield (Conservative - Life peer)

Question to the Department for Education:

To ask Her Majesty’s Government what actions they are taking in response to (1) the finding of the National Autistic Society publication <i>School report 2015</i>, in particular on parents' and carers' views of the new system for children and younger adults with special educational needs and disabilities introduced under the Children and Families Act 2014; and (2) the October 2015 Driver Youth Trust report <i>Joining the Dots</i>.

Answered by Lord Nash

The Department is monitoring the implementation of the Special Educational Needs and Disability (SEND) reforms and securing a wide range of feedback. This feedback is collected through statutory data collection; regular surveys of local authorities, parents and carers; regular inputs for the Special Educational Consortium (which represents more than 30 organisations); and reports from contractors such as the Council for Disabled Children, which provides Independent Support services in all local authority areas, and Contact a Family, which runs a national helpline for parents of children with SEND. The reports from the National Autistic Society and the Driver YouthTrust have added to this picture.

The Department has already demonstrated its willingness to listen and respond to questions of national policy and policy implementation. In 2015, the Department adjusted the time allowed for the process of transfer from a statement of SEN (or post-16 Learning Difficulty Assessment) to a new Education, Health and Care Plan.

From May 2016, Ofsted and the Care Quality Commission (CQC) plan to begin an inspection of the effectiveness of local areas in fulfilling their new SEND duties. The SEND inspections will evaluate local areas’ effectiveness in identifying and meeting the needs of children and young people with special educational needs or a disability. Inspections are expected to begin in May 2016 and all local areas will be inspected over a five year period. Feedback from these inspections will also add to the national level picture.


Written Question
Charities: Freedom of Information
Monday 18th January 2016

Asked by: Lord Lingfield (Conservative - Life peer)

Question to the Cabinet Office:

To ask Her Majesty’s Government whether, in the light of the review of the Freedom of Information Act 2000, charities in receipt of less than £25,000 per annum in grants from public funds will be subject to freedom of information requests.

Answered by Lord Bridges of Headley

The Government will announce its intentions about the development of the Freedom of Information Act once it has received and considered the Independent Commission on Freedom of Information’s recommendations.


Written Question
Charities: Freedom of Information
Monday 18th January 2016

Asked by: Lord Lingfield (Conservative - Life peer)

Question to the Cabinet Office:

To ask Her Majesty’s Government whether, in the light of the review of the Freedom of Information Act 2000, charities with a turnover of less than £250,000 per annum will be subject to freedom of information requests.

Answered by Lord Bridges of Headley

The Government will announce its intentions about the development of the Freedom of Information Act once it has received and considered the Independent Commission on Freedom of Information’s recommendations.


Written Question
Charities: Freedom of Information
Monday 18th January 2016

Asked by: Lord Lingfield (Conservative - Life peer)

Question to the Cabinet Office:

To ask Her Majesty’s Government whether, in the light of the review of the Freedom of Information Act 2000, charities not in receipt of grants from public funds will be subject to freedom of information requests.

Answered by Lord Bridges of Headley

The Government will announce its intentions about the development of the Freedom of Information Act once it has received and considered the Independent Commission on Freedom of Information’s recommendations.