Section 38 of the Children and Families Act 2014 strengthens the rights for parents and young people to request that a particular school or post-16 institution be named in an Education, Health and Care (EHC) plan. If a maintained school, maintained nursery school, Academy, non-maintained special school, FE college or an independent special school or specialist post-16 institution included on the list of providers approved by the Secretary of State under section 41 of the Act is requested, then the local authority must, after consultation with the institution, name the requested school or institution in the EHC plan unless specific criteria apply. Section 43 then requires the school or institution named in the EHC plan to admit the child or young person.<\/p>
<\/p>
Guidance was issued to local authorities, schools and other education providers on this statutory admission process in June through the 0-25 SEND Code of Practice (2014), the code is published here:<\/p>
www.gov.uk/government/publications/implementing-the-0-to-25-special-needs-system<\/a><\/p> <\/p> Local authorities and the schools and institutions listed above should operate within this statutory framework and ensure that children and young people receive appropriate and high-quality provision, and that public money is used to best effect.<\/p> <\/p> Cabinet Office has recently consulted on draft Regulations to implement the new EU procurement Directives. The Department for Education is working closely with them, and guidance will be published in due course.<\/p> <\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/1605", "label" : {"_value" : "Biography information for Edward Timpson"}
}
, "answeringMemberConstituency" : {"_value" : "Crewe and Nantwich"}
, "answeringMemberPrinted" : {"_value" : "Mr Edward Timpson"}
, "dateOfAnswer" : {"_value" : "2014-11-11", "_datatype" : "dateTime"}
, "groupedQuestionUIN" : [{"_value" : "213217"}
, {"_value" : "213532"}
, {"_value" : "213557"}
, {"_value" : "213558"}
], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2014-11-11T16:41:43.7882266Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "60"}
, "answeringDeptShortName" : {"_value" : "Education"}
, "answeringDeptSortName" : {"_value" : "Education"}
, "date" : {"_value" : "2014-11-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Special Educational Needs"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Education, whether her Department has conducted an impact assessment of the potential effect the 2014 EU Procurement Directives will have on the procurement by local authorities of places in academy schools for pupils with special educational needs and disabilities.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/298", "label" : {"_value" : "Biography information for Steve McCabe"}
}
, "tablingMemberConstituency" : {"_value" : "Birmingham, Selly Oak"}
, "tablingMemberPrinted" : [{"_value" : "Steve McCabe"}
], "uin" : "213216"}
, {"_about" : "http://data.parliament.uk/resources/106235", "AnsweringBody" : [{"_value" : "Department for Education"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/106235/answer", "answerText" : {"_value" : " Section 38 of the Children and Families Act 2014 strengthens the rights for parents and young people to request that a particular school or post-16 institution be named in an Education, Health and Care (EHC) plan. If a maintained school, maintained nursery school, Academy, non-maintained special school, FE college or an independent special school or specialist post-16 institution included on the list of providers approved by the Secretary of State under section 41 of the Act is requested, then the local authority must, after consultation with the institution, name the requested school or institution in the EHC plan unless specific criteria apply. Section 43 then requires the school or institution named in the EHC plan to admit the child or young person.<\/p> <\/p> Guidance was issued to local authorities, schools and other education providers on this statutory admission process in June through the 0-25 SEND Code of Practice (2014), the code is published here:<\/p> www.gov.uk/government/publications/implementing-the-0-to-25-special-needs-system<\/a><\/p> <\/p> Local authorities and the schools and institutions listed above should operate within this statutory framework and ensure that children and young people receive appropriate and high-quality provision, and that public money is used to best effect.<\/p> <\/p> Cabinet Office has recently consulted on draft Regulations to implement the new EU procurement Directives. The Department for Education is working closely with them, and guidance will be published in due course.<\/p> <\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/1605", "label" : {"_value" : "Biography information for Edward Timpson"}
}
, "answeringMemberConstituency" : {"_value" : "Crewe and Nantwich"}
, "answeringMemberPrinted" : {"_value" : "Mr Edward Timpson"}
, "dateOfAnswer" : {"_value" : "2014-11-11", "_datatype" : "dateTime"}
, "groupedQuestionUIN" : [{"_value" : "213216"}
, {"_value" : "213532"}
, {"_value" : "213557"}
, {"_value" : "213558"}
], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2014-11-11T16:41:43.9132202Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "60"}
, "answeringDeptShortName" : {"_value" : "Education"}
, "answeringDeptSortName" : {"_value" : "Education"}
, "date" : {"_value" : "2014-11-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Special Educational Needs"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Education, what the procurement obligations of local authorities are when seeking school places for children and young people with special educational needs and disabilities.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/298", "label" : {"_value" : "Biography information for Steve McCabe"}
}
, "tablingMemberConstituency" : {"_value" : "Birmingham, Selly Oak"}
, "tablingMemberPrinted" : [{"_value" : "Steve McCabe"}
], "uin" : "213217"}
, {"_about" : "http://data.parliament.uk/resources/106264", "AnsweringBody" : [{"_value" : "Department for Education"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/106264/answer", "answerText" : {"_value" : " The Education Act 1996 places a duty on the parents of any child of compulsory school age who is registered at a school, to ensure their child\u2019s regular attendance. The Education (Pupil Registration) (England) Regulation 2006 and subsequent amendments provide the basis upon which schools record pupil attendance. It ensures that both parents and the school know the whereabouts of pupils and are held to account for fulfilling their duty towards those pupils.<\/p> <\/p> This is not new Government policy and it has been the result of considerable deliberation and scrutiny. The Department for Education does not intend to review the application of the 2013 Regulations in light of the announcement made by my Rt hon. Friend the Secretary of State for Work and Pensions regarding the families test.<\/p> <\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/111", "label" : {"_value" : "Biography information for Nick Gibb"}
}
, "answeringMemberConstituency" : {"_value" : "Bognor Regis and Littlehampton"}
, "answeringMemberPrinted" : {"_value" : "Mr Nick Gibb"}
, "dateOfAnswer" : {"_value" : "2014-11-10", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2014-11-10T16:28:40.3744163Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "60"}
, "answeringDeptShortName" : {"_value" : "Education"}
, "answeringDeptSortName" : {"_value" : "Education"}
, "date" : {"_value" : "2014-11-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Pupils: Attendance"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Education, if she will review The Education (Pupil Registration) (England) (Amendment) Regulations 2013 in accordance with the families test as recently announced by the Secretary of State for Work and Pensions.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/1483", "label" : {"_value" : "Biography information for John Hemming"}
}
, "tablingMemberConstituency" : {"_value" : "Birmingham, Yardley"}
, "tablingMemberPrinted" : [{"_value" : "John Hemming"}
], "uin" : "213252"}
, {"_about" : "http://data.parliament.uk/resources/106268", "AnsweringBody" : [{"_value" : "Department for Education"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/106268/answer", "answerText" : {"_value" : " Arrangements for the engagement of agency supply teachers, including their pay rates, are private commercial arrangements. The Government does not collect data on these arrangements and so is unable to make a comparative assessment with the salaries of teachers who are subject to the terms of the School Teachers\u2019 Pay and Conditions Document.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/1473", "label" : {"_value" : "Biography information for Mr David Laws"}
}
, "answeringMemberConstituency" : {"_value" : "Yeovil"}
, "answeringMemberPrinted" : {"_value" : "Mr David Laws"}
, "dateOfAnswer" : {"_value" : "2014-11-10", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2014-11-10T17:29:23.8719545Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "60"}
, "answeringDeptShortName" : {"_value" : "Education"}
, "answeringDeptSortName" : {"_value" : "Education"}
, "date" : {"_value" : "2014-11-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Teachers: Pay"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Education, if her Department will make a comparative assessment of the rates of pay of (a) agency supply teachers and (b) teachers employed in schools under the School Teachers' Pay and Conditions document.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/306", "label" : {"_value" : "Biography information for Mr Bob Ainsworth"}
}
, "tablingMemberConstituency" : {"_value" : "Coventry North East"}
, "tablingMemberPrinted" : [{"_value" : "Mr Bob Ainsworth"}
], "uin" : "213209"}
, {"_about" : "http://data.parliament.uk/resources/106269", "AnsweringBody" : [{"_value" : "Department for Education"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/106269/answer", "answerText" : {"_value" : " The Department for Education does not collect data on the daily or weekly costs of supply teachers employed by schools, supply teaching agencies or local authorities.<\/p> <\/p> The rate of pay depends on how supply teachers are employed. Supply teachers employed directly by a state maintained school or local authority must be paid in accordance with the statutory arrangements for teachers laid down in the School Teachers\u2019 Pay and Conditions Document. Other arrangements for the engagement of supply teachers, including their rates of pay, are private commercial arrangements.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/1473", "label" : {"_value" : "Biography information for Mr David Laws"}
}
, "answeringMemberConstituency" : {"_value" : "Yeovil"}
, "answeringMemberPrinted" : {"_value" : "Mr David Laws"}
, "dateOfAnswer" : {"_value" : "2014-11-10", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2014-11-10T17:29:01.8719396Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "60"}
, "answeringDeptShortName" : {"_value" : "Education"}
, "answeringDeptSortName" : {"_value" : "Education"}
, "date" : {"_value" : "2014-11-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Supply Teachers"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Education, if her Department will estimate the average (a) daily and (b) weekly cost to a school of employing a supply teacher (i) through a supply teacher agency, (ii) through a local authority supply pool and (iii) directly by the school.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/306", "label" : {"_value" : "Biography information for Mr Bob Ainsworth"}
}
, "tablingMemberConstituency" : {"_value" : "Coventry North East"}
, "tablingMemberPrinted" : [{"_value" : "Mr Bob Ainsworth"}
], "uin" : "213210"}
, {"_about" : "http://data.parliament.uk/resources/106270", "AnsweringBody" : [{"_value" : "Department for Education"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/106270/answer", "answerText" : {"_value" : " Supply teachers, who are employed by accepted employers, are able to participate in the Teachers\u2019 Pension Scheme, and already do so. These are most commonly teachers employed by local authorities to provide supply cover to maintained schools. The employer-employee relationship is important because the employer is responsible for meeting a number of obligations, which include paying both member and employer contributions to the scheme.<\/p> Schools and local authorities are responsible for the recruitment of their supply teachers, including decisions over whether to use private agencies to recruit and manage them. If a teacher is supplied by a private agency, this is a private commercial arrangement between the school and the agency and as such there is no employer-employee relationship between the school and teacher. It is for schools and local authorities to determine how they engage supply teachers and, depending on whether this is through private agencies or accepted employers, whether participation in the scheme is permitted.<\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/1473", "label" : {"_value" : "Biography information for Mr David Laws"}
}
, "answeringMemberConstituency" : {"_value" : "Yeovil"}
, "answeringMemberPrinted" : {"_value" : "Mr David Laws"}
, "dateOfAnswer" : {"_value" : "2014-11-10", "_datatype" : "dateTime"}
, "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2014-11-10T16:57:38.9623333Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "60"}
, "answeringDeptShortName" : {"_value" : "Education"}
, "answeringDeptSortName" : {"_value" : "Education"}
, "date" : {"_value" : "2014-11-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Teachers: Pensions"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Education, whether her Department has any plans to extend participation in the Teachers' Pension Scheme to teachers employed by or through supply teacher agencies.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/306", "label" : {"_value" : "Biography information for Mr Bob Ainsworth"}
}
, "tablingMemberConstituency" : {"_value" : "Coventry North East"}
, "tablingMemberPrinted" : [{"_value" : "Mr Bob Ainsworth"}
], "uin" : "213211"}
, {"_about" : "http://data.parliament.uk/resources/106271", "AnsweringBody" : [{"_value" : "Department for Education"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/106271/answer", "answerText" : {"_value" : " Once an application to establish a free school, university technical college or studio school has received initial approval to proceed to the pre-opening stage, the Department for Education provides a grant to the proposer group to help cover essential non-capital costs, including appropriate salary costs, up to the point at which the school opens. The rates at which these grants are paid are published in the department\u2019s guidance for free school proposer groups (at paragraph 6.11 on page 38), which is published online at: www.gov.uk/government/publications/free-school-pre-opening-guide<\/a><\/p> <\/p> Information about how many staff were paid a salary before a particular school opened, how much was paid to staff in total, which groups made such payments and how long salaries were paid before opening is not collected centrally. However, all academy trusts, including free school trusts, are required to comply with company and charity law regarding the preparation of financial statements. Where the trust has a signed funding agreement with the Department for Education, the financial statement must comply with the Academies Accounts Direction. This direction sets out the requirements relating to financial statements, including details of expected staffing disclosures.<\/p> <\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/1605", "label" : {"_value" : "Biography information for Edward Timpson"}
}
, "answeringMemberConstituency" : {"_value" : "Crewe and Nantwich"}
, "answeringMemberPrinted" : {"_value" : "Mr Edward Timpson"}
, "dateOfAnswer" : {"_value" : "2014-11-11", "_datatype" : "dateTime"}
, "groupedQuestionUIN" : [{"_value" : "213343"}
, {"_value" : "213344"}
], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2014-11-11T16:02:49.4132227Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "60"}
, "answeringDeptShortName" : {"_value" : "Education"}
, "answeringDeptSortName" : {"_value" : "Education"}
, "date" : {"_value" : "2014-11-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Teachers: Pay"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Education, how many staff members in all open free schools were paid a salary for their work with that school before its opening; and how much has been paid to such staff in total.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/181", "label" : {"_value" : "Biography information for John Cryer"}
}
, "tablingMemberConstituency" : {"_value" : "Leyton and Wanstead"}
, "tablingMemberPrinted" : [{"_value" : "John Cryer"}
], "uin" : "213342"}
, {"_about" : "http://data.parliament.uk/resources/106272", "AnsweringBody" : [{"_value" : "Department for Education"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/106272/answer", "answerText" : {"_value" : " Once an application to establish a free school, university technical college or studio school has received initial approval to proceed to the pre-opening stage, the Department for Education provides a grant to the proposer group to help cover essential non-capital costs, including appropriate salary costs, up to the point at which the school opens. The rates at which these grants are paid are published in the department\u2019s guidance for free school proposer groups (at paragraph 6.11 on page 38), which is published online at: www.gov.uk/government/publications/free-school-pre-opening-guide<\/a><\/p> <\/p> Information about how many staff were paid a salary before a particular school opened, how much was paid to staff in total, which groups made such payments and how long salaries were paid before opening is not collected centrally. However, all academy trusts, including free school trusts, are required to comply with company and charity law regarding the preparation of financial statements. Where the trust has a signed funding agreement with the Department for Education, the financial statement must comply with the Academies Accounts Direction. This direction sets out the requirements relating to financial statements, including details of expected staffing disclosures.<\/p> <\/p>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/1605", "label" : {"_value" : "Biography information for Edward Timpson"}
}
, "answeringMemberConstituency" : {"_value" : "Crewe and Nantwich"}
, "answeringMemberPrinted" : {"_value" : "Mr Edward Timpson"}
, "dateOfAnswer" : {"_value" : "2014-11-11", "_datatype" : "dateTime"}
, "groupedQuestionUIN" : [{"_value" : "213342"}
, {"_value" : "213344"}
], "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"}
, "questionFirstAnswered" : [{"_value" : "2014-11-11T16:02:49.5694247Z", "_datatype" : "dateTime"}
]}
, "answeringDeptId" : {"_value" : "60"}
, "answeringDeptShortName" : {"_value" : "Education"}
, "answeringDeptSortName" : {"_value" : "Education"}
, "date" : {"_value" : "2014-11-04", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Teachers: Pay"}
, "houseId" : {"_value" : "1"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"}
}
], "questionText" : "To ask the Secretary of State for Education, which free schools have paid how many staff members a salary for their work at that school before its opening; and how much has been spent in total on salaries for such staff.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/181", "label" : {"_value" : "Biography information for John Cryer"}
}
, "tablingMemberConstituency" : {"_value" : "Leyton and Wanstead"}
, "tablingMemberPrinted" : [{"_value" : "John Cryer"}
], "uin" : "213343"}
, {"_about" : "http://data.parliament.uk/resources/106273", "AnsweringBody" : [{"_value" : "Department for Education"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/106273/answer", "answerText" : {"_value" : "