Children England are in the process of responding to an important Department for Children, Schools and Families (DCSF) consultation and are seeking input from charities across England to guide their response.   The DCSF is currently consulting on whether to give children and young people a right to appeal decisions regarding exclusions, special educational needs (SEN) statements and assessments and to make disability discrimination claims. This follows pressure from the United Nations Convention on the Rights of the Child, and also represents a move towards the Scottish and Welsh system which currently offer the right to appeal over exclusions from school at ages 12 and 11 respectively.

We are keen to get input on these issues to deliver a strong response to Government based on the experiences on charities working with children and young people. Key issues which we would like input on include:

General

Do you agree that a young person should be able to appeal their permanent exclusion from school at ages 16 and 17?

·         Do you think that a leaflet or guidance note aimed at young people explaining how they can appeal their permanent exclusions would be  helpful?

·         Do you consider that there is sufficient support currently in the system to support a young person through the process of appealing?

·         What type of support might a young person need to make an appeal?

Looked after children ·         What support would best help a child living with foster carers or in a children’s home to avoid or appeal a permanent exclusion?

·         Is the existing guidance for looked after children – that exclusion should only be used as a last resort – being implemented effectively?

·         Within the context of its duty to promote the educational achievement of the children it looks after, what other services should a local authority provide to prevent these young people from being excluded from school, including support for foster carers and children’s homes?

·         Is there sufficient support currently in the system to support a child through the process of appealing?

SEN statements and disability discrimination

·         Do you agree that children and young people should be able to appeal decisions on SEN statements and assessments and make disability discrimination claims to the Tribunal?

  Is there sufficient support currently in the system to help a child or young person through the process of appealing or making a claim of disability discrimination and to attend First-tier Tribunal hearings? ·         What support do you think children and young people would need to help make these appeals and claims?

If you feel you would like to contribute to any of the above questions, please email responses to Policy and Information Officer, Emilie Whitaker: emilie@childrenengland..org.uk

If you have any comments/information on these questions, and wider issues that arise from them, please could we have them by the 15^th July 2009. Equally, if you feel that other organisations would be well-placed to contribute please do distribute this email.

The full consultation document can be found at: http://www.dcsf.gov.uk/consultations/index.cfm?action=consultationDetails&consultationId=1607&external=no&menu=1

Best Wishes

Emilie Whitaker
Policy and Information Officer