Government announces legislation to improve provision for disabled children

9^th May 2012

Campaigners warn that children with family support or health needs will miss out on an Education, Health and Care Plan

The Queen's Speech today (Wednesday 9^th May) announced a Children and Families Bill, which will include measures to improve provision for children with special educational needs and disabilities.

A statement from the Department for Education (DfE) describes the Children and Families Bill as 'the biggest reform in 30 years'. They state that the main elements for children with special educational needs and disabilities are:

'SEN

-Replacing Special Educational Needs (SEN) statements and Learning Disability Assessments (for 16-25 year olds) with a single, simpler 0-25 assessment process and Education, Health and Care Plan from 2014
- Providing statutory protections comparable to those currently associated with a statement of SEN to up to 25 in further education - instead of being cut off a 16
- Requiring that local authorities and health services jointly plan and commission services that children, young people and their families need
- Giving parents or young people the right to a personal budget for their support'

The Every Disabled Child Matters (EDCM) campaign has welcomed proposals for a legal requirement on local authorities and health services to jointly plan and commission services. However, they have expressed concern that the Education, Health and Care Plan will only be available to children who need support for in education. They are concerned that this will mean that disabled children whose primary need is for social care or health support will miss out.

Srabani Sen, EDCM Board Member, today said:"We are delighted that the Government will introduce legislation which will create a legal requirement for joint commissioning between health and social care. However, we are deeply concerned by plans to restrict access to a single assessment process and plan to children who currently receive a statement of special educational needs. We are concerned that this will leave many children with social care and/or health needs without support. We urge the Government to provide more detail on plans, and to respond to similar concerns raised by families in response to the March 2011 DfE Green Paper."

Notes to Editors

• Every Disabled Child Matters is the national campaign to get rights and justice for every disabled child. It is run by four leading organisations working with disabled children and their families: Contact a Family, Council for Disabled Children, Mencap and the Special Educational Consortium.   Find out more at www.edcm.org.uk
• The Department for Education press notice providing details of the Children and Families Bill can be found here: http://www.dehavilland.co.uk/PoliticalUploads/Children_and_Families_Bill.pdf
• Support and Aspiration: A New Approach to Special Educational Needs and Disabilitycan be accessed on the Department for Education's website: http://www.education.gov.uk/publications/standard/publicationDetail/Page1/CM%208027