IPSEA

IPSEA was established in 1983 and currently assists over 3,000 parents and carers of children with SEN and disabilities every year, including over 25% of those appealing to the Special Educational Needs and Disability Tribunal (SEND). IPSEA's opinions are therefore based on evidence from an extensive sample of actual legal cases involving SEN and d... isability throughout England and Wales. The Government's Consultation document seeks views on giving children and young people in England a right to appeal decisions regarding exclusions, special educational needs (assessments and statements) and to make claims of disability discrimination. Although IPSEA's function is to advise parents and carers of children and young people with special educational needs and/or disabilities our paramount concern as a charity has always been to serve children's and young people's best interests. For this reason we welcome the Government's proposals to extend the right of children and young people to have a greater say in the processes and decisions which affect them during their years of schooling. We are aware that many parents of excluded children/young people have learning difficulties or other disadvantages which make appeals difficult for them. We believe that creating new legal rights of appeal for children themselves, as opposed to these rights remaining invested wholly in parents/carers, has a role to play in increasing young people's involvement in their own education. However, there are aspects of the Government's proposals where we believe that more thinking - and a bolder legal approach - is called for if the changes are to bring real, not just token, improvement and we believe that this is particular true with regard to looked-after children. There is an existing anomaly in exclusion appeals/claims against maintained schools on the grounds of disability discrimination which could be cured at the same time as this extension of rights: that is, where such appeals/claims are heard. Currently the more serious appeals, ...Read More