Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
Cabinet considered the following Notice of Motion, which had been moved by Cllr L Jeuda and seconded by Cllr D Flude at the Council meeting on 21 February 2019 and referred to Cabinet for consideration:
“Article 7 and 24 of the UN Convention on the Rights of Persons with Disabilities places an obligation on Government and Local Authorities to promote, fund and develop capacity in mainstream schools to cater for the needs of disabled pupils.
At the heart of the 2014 Children and Families Act there is the ‘presumption of mainstream education’ for all our children, it places a duty on local authorities to support the provision of placements for all disabled children living in their catchment area.
The progress made towards inclusive education has stalled and increasingly disabled children are segregated in special schools. Ofsted’s Annual Report 2017/18 highlighted concerns about the poor quality of Special Educational Need provision for Disabled pupils in mainstream education.
The Department of Education introduced thes policy in 2013 which placed the responsibility on mainstream schools to fund the first £6000 for every pupil with special educational needs out of their own budget, this has done nothing to incentivise schools to accept these pupils.
This Council resolves to adopt a policy with a general presumption that children with Special Educational Needs will be integrated into mainstream schools, with adequate resources to support the teaching staff and put an end to segregation.”
The report set out the current arrangements for special education needs, which encouraged mainstream education where it was appropriate.
RESOLVED: That Cabinet
1 accepts the notice of motion and notes that:
i. education, health and care plans name the school best placed to meet the needs of the young person following consultation with appropriate settings, which must include the parents preferred setting.
ii. specialist provision is only considered when a mainstream setting is not appropriate to meet the needs of a child or to meet parental request.
iii. appropriate provision to meet the assessed needs of children and young people is agreed in the education, health and care plan and funding is allocated accordingly.
iv. the Cabinet Member for Children and Families will review the current policies for Children with Special Educational Needs and Disability (SEND) to ensure they are contemporary with all relevant legislation and reflect the needs of the children and young people of Cheshire East.
Publication date: 11/07/2019
Date of decision: 09/07/2019
Decided at meeting: 09/07/2019 - Cabinet
Effective from: 19/07/2019