Question to the Department for Education:

To ask His Majesty's Government, further to the Written Answer by Baroness Smith of Malvern on 14 July (HL1474), how they plan to ensure that necessary healthcare provision in education settings, including postural management, is assessed, commissioned and delivered under appropriate clinical governance by the relevant NHS bodies; how they will distinguish between healthcare provision and provision that educates or trains a child and is therefore treated as special educational provision under section 21(5) of the Children and Families Act 2014; and what assessment they have made of whether SEND training for school staff will transfer NHS responsibilities to education settings.

Section 21 of the Children and Families Act 2014 is clear that healthcare provision is only deemed to be special educational provision if it educates or trains a child or young person. Such decisions are made on a case-by-case basis, as set out in paragraph 9.74 of the ‘Special educational needs and disability code of practice: 0 to 25 years’.

Schools are not responsible for clinical healthcare tasks. Healthcare tasks can be delegated to staff in schools and other education settings where the responsible healthcare professional considers delegation safe and appropriate. While training may be necessary as part of delegation arrangements, it does not of itself transfer responsibility. The department is working with the Department for Health and Social care to produce guidance on clinical healthcare in schools.

Local authorities and integrated care boards must work together to put joint commissioning arrangements in place to ensure sufficient services and provision are available to meet the needs of children and young people in their area, both those with education, health and care plans and those without. This would include children and young people with cerebral palsy.