Question to the Department for Education:
To ask His Majesty's Government how necessary health provision will be identified, commissioned and secured for children and young people with cerebral palsy, and others with significant long-term health needs, who do not have an education, health and care plan, particularly in the context of reforms intended to reduce reliance on such plans.
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.