SEN Panels

[name removed] made this Rhyddid Gwybodaeth request to Kirklees Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Kirklees Borough Council,

Dear Sir/Madam,

Decision-making under the Education Act

I write with the following requests for information under the Freedom of Information Act. The questions relate to your statutory powers of decision-making under the Education Act 1996.

1. Who is the statutory decision-maker?

Please confirm who is responsible for exercising statutory decision-making powers on behalf of your authority under the Education Act. These powers include, but are not limited to, the responsibility for agreeing to statutory assessments of SEN and for making decisions on the issue of, or provision in, a statement.

2. Is information about the decision-maker shared with parents?

Please confirm whether the identity of the person/persons responsible for decision-making under the Education Act is explicitly communicated to the parents,i.e. are parents told that a specific person or body will be responsible for making decisions on behalf of the authority?
If it is, please confirm how this is done.
If it is not done, please explain why.

3. Do you have a SEN Panel?

If your local authority utilises a SEN Panel system, please confirm its role and its place within the statutory SEN system.
Please confirm who sits on the Panel and how they are appointed.
Please also confirm whether the role of the SEN is communicated to parents and, if so, how this is done.
If this is not done, please explain why.

4. Is your SEN Panel the statutory decision-maker?

Does your SEN Panel make statutory decisions about the provision in or the issue of a statement?
If it does, is any oversight exercised in relation to the panel by executive officers of the authority or by elected members?
Please confirm whether parents or parental representatives may attend meetings which make decisions about their child.
If your SEN Panel has a decision-making role, please confirm whether information about the identity of those making the decisions is shared with parents.
Please confirm whether SEN Panel meetings are minuted. If they are minuted, is the decision-making process or just the decision recorded? Is this information available to parents? If so, how is it made available, e.g. does it have to be requested under the FOI Act?
If your SEN Panel exercises statutory powers of decision-making under the Education Act but does not minute its meetings or record its decision-making or share these decisions with parents, please explain why.

5. Duty to explain decisions under the Education Act

Irrespective of the identity of the statutory decision-maker, please confirm how decisions on SEN issues under the Education Act (for example, about the quality or quantity of provision or undertaking a statutory assessment) are recorded and whether decision-making is then shared with parents. This question refers not to the fact of the decision but the reason for it and relates to the guidance set out in para 8.32 in respect of decision-making.
Para 8:32 of SEN COP, advises local authorities, in the event of an evidential dispute about the nature or quantity of provision, to resolve and give reasons for their conclusions on the choice of opinions or evidence. How does your authority comply with this statutory guidance? If it does not, please explain why.

I look forward to hearing from you.

Yours faithfully,

Mrs [name removed]

Freedom Info, Kirklees Borough Council

Dear Mrs [name removed]

Thank you for your request for information which was received today.

Guidance issued by the Information Commissioner’s Office sets out the requirements for a request to be valid and says that a request must ‘state the name of the applicant and an address for correspondence’ (Section 8(1) of the Freedom of Information Act).

The Guidance is available from: http://www.ico.gov.uk/~/media/documents/...

In order for your request to comply with this requirement, I would be grateful if you could provide your full name.

When we receive your name, we will deal with your request as outlined in the Council’s Code of Practice on handling requests for information.

Regards

Information Access Team

E: [email address]

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

dangos adrannau a ddyfynnir

Dear Kirklees Borough Council,

Re: FOI Request SEN Panels

I confirm my full name is Mrs Julia [name removed]. Please now provide your response.

Yours faithfully,

Mrs [name removed]

Freedom Info, Kirklees Borough Council

Dear Mrs [name removed]

I confirm receipt of your FoI request and that I am looking into this.

I will respond to you in due course.

Regards

Information Access Team
Legal & Governance
Email: [email address]
Telephone: 01484 221744
Fax: 01484 221755

This email and any attachments are confidential. If you have received it in error - notify the sender immediately, delete it from your system, and do not use, copy or disclose the information in any way. Kirklees Council monitors all emails sent or received.

dangos adrannau a ddyfynnir

Freedom Info, Kirklees Borough Council

Dear Mrs [name removed]

 

I am writing in response to your Freedom of Information request dated 13
April 2012 in respect of SEN Panels and the Council’s statutory powers of
decision-making under the Education Act 1996.

 

The Council’s response to your specific questions is set out below:

 

1.       Who is the statutory decision-maker?

 

The decision making responsibility sits with the Local Authority’s
designated officer, this is the SEN Manager or Senior Casework Officer who
Chairs the SEN Panel.

 

2.       Is information about the decision-maker shared with parents?

 

Parents are aware that decisions are made by the SEN Panel.

 

3.       Do you have a SEN Panel?

 

Yes, this is a multi-agency panel where representatives from other
agencies (Headteacher – special school; Headteacher – primary school;
Senior Educational Psychologies; Social Care; Health) provide advice to
the Local Authority’s Designated Officer in making decisions.

 

4.       Is your SEN Panel the statutory decision-maker?

 

The overall decision making responsibility sits with the Local Authority’s
designated Officer, this is the SEN Manager or Senior Casework Officer who
Chairs the SEN Panel and they are supported by the mult-agency panel in
making decisions.

 

5.       Duty to explain decisions under the Education Act

 

Decisions are explained in writing to parents following the SEN Panel
meeting.

 

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original request and should be addressed to: The Monitoring Officer, the
Acting Assistant Director – Legal, Governance & Monitoring, Civic Centre
1, High Street, Huddersfield HD1 2NF.

 

Please remember to quote the reference number above in any future
communications.

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision. The Information Commissioner can be contacted at: Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9
5AF.  Website: [1]http://www.ico.gov.uk/

 

Yours sincerely

 

Information Access Team

Legal & Governance

Email: [2][email address]

Telephone: 01484 221744

Fax: 01484 221755

 

This email and any attachments are confidential. If you have received it
in error - notify the sender immediately, delete it from your system, and
do not use, copy or disclose the information in any way. Kirklees Council
monitors all emails sent or received.

 

References

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1. http://www.ico.gov.uk/
2. mailto:[email address]