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7. Parents must be empowered to work with the school and local services to ensure that their child's needs are properly identified and met from the word go. The prospects of this are greatly improved where there is good practice such as:
8. Parents often value independent advice and support while their child is being assessed for a possible statement. The role of the "Named Person" could be important here. Under existing legislation, parents are offered this independent adviser only when a child receives a statement. We believe that such an adviser should be available to all parents whose children's needs are being formally assessed.
9 In recent years local SEN parent partnership schemes have helped LEAs to work more effectively with parents of children who are being assessed or have statements. Some schemes also offer support at earlier stages. But many schools are unfamiliar with local schemes. And the withdrawal of financial support by the previous Government has put many schemes under pressure, bringing some to an end. From next year, parent partnership schemes will be eligible for support from the Standards Fund (which replaces GEST funding). We propose to encourage an expansion in the number and scope of parent partnership schemes.
Case study - Parent partnership in Bradford
The parent partnership scheme in Bradford is based on three-way partnership between the LEA, Parent Link (a network of local parents and parent support groups) and Barnardo's. The responsibilities of each partner are clearly set out. The direction of the scheme is in the hands of a partnership committee, with parent representatives in the majority.
The scheme offers a resource and information base for parents and professionals working with children with SEN. Roadshows and seminars provide information to parents, and the scheme has recruited, trained and supported Named Persons. It has increased parents' involvement in their children's education, and helped to shape the LEA's policy and practice on SEN. As well as providing a service to families, the scheme maintains a developmental focus, currently working to help parents and teachers develop the skills necessary for effective dialogue.
The scheme works with many statutory and voluntary agencies, and makes an important contribution to Bradford's Children's Services Plan.
10. Parents are most likely to take an active part in school life and their child's development when they have clear information about the school's policies and their child's progress. But some parents with disabilities do not always gain access to the information which other parents can take for granted. We would be interested to hear from schools about how they have met the needs of disabled parents, and intend at a later stage to consult over guidance on accessible information.
11. Voluntary bodies and organisations of disabled people provide services which help parents learn about special educational needs, and offer advice and support for the whole family. Many work closely with parent partnership schemes and have contributed to the recruitment and training of Named Persons. We would like all local schemes to develop active links with voluntary bodies. In line with the commitment in Excellence in schools to promote the effective use of family learning we shall offer financial support to continue and develop such work.
QUESTION: How can we make sure that parents receive the support they need at all stages of their child's education?
Resolving disputes
12. Where children have
complex needs, it is not always easy for parents and LEAs to reach agreement
during the processes potentially leading to statutory assessment and statement.
Approaches such as those described above should help. We will consider whether
to distil best practice into national guidelines.
Case study - Parent Liaison Service, Somerset
Somerset's Parent Liaison Service was set up in January 1996. It offers an impartial mediation and conciliation service to parents who disagree with a school or the LEA.
The initial contact is often a parent's call to a helpline. The Parent Partnership Officer listens to the parent's problem, makes sure that the parent has all the relevant information and talks through possible action. This might involve the parent contacting the school or LEA, or the Parent Partnership Officer doing so on the parent's behalf. This often leads to a satisfactory outcome.
However, in about a quarter of cases, a meeting between the parent and LEA or school is arranged. The Parent Partnership Officer acts as a neutral third party. Areas of agreement and disagreement, and possible options, are explored. Agreement on some action is reached in about two-thirds of these cases. Where a case does have to proceed to the SEN Tribunal, the aim is that it should not do so simply because of a failure of communication. The number of appeals to the Tribunal from Somerset fell by 17% last year, compared with an increase nationally of 26%.
The Parent Liaison Service also runs workshops for Named Persons, SEN co-ordinators, other teachers and learning support assistants which include an element of basic conflict resolution and mediation.
13. In a small proportion of cases, something more may be needed. We shall consider whether to require LEAs to offer parents a conciliation meeting, where necessary, at key decision points. It would be important to make sure that any such arrangement did not further delay effective provision. If conciliation failed, parents would - unless they unreasonably refused to agree to a conciliation meeting - be able to proceed with an appeal to the independent SEN Tribunal.
QUESTION: How can we encourage dialogue between parents, schools and LEAs, and resolve disputes about special educational needs as early as possible?
The SEN Tribunal
14. The Tribunal is the final
arbiter in disputes between parents and LEAs. Its overriding aim is to consider
the needs of the child. Each appeal is heard by a panel of three - a legally
trained chairman, and two members with expertise in SEN and/or local
government.
| 1994/95 | 1995/96 | 1996/97 | |
| Appeals Registered |
1,092 |
1,551 |
1,969 |
| Of these: | |||
| Appeals Withdrawn (no.) |
482 |
752 |
** |
| Appeals Withdrawn (%) |
44 |
48 |
** |
| Average time taken for appeals (months) |
5* |
5.5* |
4 |
* Average time includes English and Welsh cases
** Not
yet available. The Tribunal currently predicts a similar rate of withdrawal for
1996/97 as for 1995/96.
Figure 1: Appeals before the SEN Tribunal (England)
15 The Tribunal is in general operating effectively. It is a good deal faster than the system of appeals to the Secretary of State it replaced. A number of specific suggestions for improving its effectiveness have however been made. For example, it has been suggested that, without being bound by them, the Tribunal should be required to take account of the LEA's policies on provision for children with SEN.
QUESTION: Are changes needed to improve the effectiveness of the SEN Tribunal?
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31/08/2000