Decision-making under the Education Act

Mrs Richards made this Freedom of Information request to Plymouth City Council

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

The request was successful.

Dear Plymouth City Council,

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?

(i) 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?
(ii) If it is, please confirm how this is done.
(iii) If it is not done, please explain why.

3. Do you have a SEN Panel?

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

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

(i) Does your SEN Panel make statutory decisions about the
provision in or the issue of a statement?
(ii) If it does, is any oversight exercised in relation to the
panel by executive officers of the authority or by elected members?
(iii) Please confirm whether parents or parental representatives
may attend meetings which make decisions about their child.
(iv) 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.
(v) 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?
(vi) 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

(i) 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.
(ii) 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 Richards

Info, Plymouth City Council

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FOI Children and YP, Plymouth City Council

Dear Mrs Richards,
Freedom of Information Request - Decision-making under the Education Act
Thank you for your request for information dated and received on the 2
December concerning decision-making under the Education Act.
This request is being handled under the Freedom of Information Act 2000.
The Council will seek to provide the information that you have requested
within 20 working days, or let you know how you can obtain it. If we do
not hold the information or if an exemption applies we will explain why we
cannot provide what you have requested.
Information is usually provided free of charge, but if there could be a
fee, we will tell you about any charge before we retrieve the information.
We usually provide the information in either electronic or paper format,
depending on how you made your request and how the information is held. If
you would like our response to be in a particular format then please let
me know. This may incur a charge.
If you have any questions concerning information requests then please look
at the Council’s web pages:
[1]http://www.plymouth.gov.uk/homepage/coun...
or email me at [2][email address]
Yours sincerely,
Rebecca Rowland
Information and Communication Support Officer
Customer Relations Team
Plymouth City Council
Civic Centre
Plymouth
PL1 2AA

T 01752 307305
F 01752 307494
E [3][email address]
[4]www.plymouth.gov.uk
 

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FOI Children and YP, Plymouth City Council

Dear Mrs Richards
 
Further to your recent Freedom of Information request regarding the
Education Act please accept my apologies for the delay in responding.
 
We hope to make a response to your request shortly.
 
Yours sincerely
 
 
Rebecca Shearing
Information and Communication Support Officer
Corporate Services
Plymouth City Council
Civic Centre
Plymouth
PL1 2AA
 
 
T 01752 307425
E [email address]
[1]www.plymouth.gov.uk
 
 

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BEST ACHIEVING COUNCIL OF THE YEAR 2010

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FOI Children and YP, Plymouth City Council

1 Attachment

Dear Mrs Richards,
 
Please find attached the response to your Freedom of Information request:
 
 
Yours sincerely,
 
Rebecca Rowland (there are 2 Rebecca's job sharing, myself and Rebecca
Shearing)
Information and Communication Support Officer
Customer Relations Team
Corporate Services
Plymouth City Council
Civic Centre
Plymouth
PL1 2AA
T 01752 307305
F 01752 307494
E [1][email address]
[2]www.plymouth.gov.uk
_____________________________________________
From:    FOI Children and YP 
Sent:   Tuesday, January 10, 2012 3:15 PM
To:     '[FOI #95405 email]'
Subject:        Freedom of Information request
 
Dear Mrs Richards
 
Further to your recent Freedom of Information request regarding the
Education Act please accept my apologies for the delay in responding.
 
We hope to make a response to your request shortly.
 
Yours sincerely
 
 
Rebecca Shearing
Information and Communication Support Officer
Corporate Services
Plymouth City Council
Civic Centre
Plymouth
PL1 2AA
 
 
T 01752 307425
E [email address]
[3]www.plymouth.gov.uk
 
 

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BEST ACHIEVING COUNCIL OF THE YEAR 2010

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