皇冠体育app

皇冠体育app government will overhaul the special educational needs (SEN) system and reduce delays in the family justice and adoption systems, under new legislation announced in today鈥檚 Queen鈥檚 speech.

皇冠体育app planned Children and Families Bill would deliver better support for families - legislating to break down barriers, bureaucracy and delays which stop vulnerable children getting the provision and help they need.

皇冠体育app bill would introduce a single, simpler assessment process for children with SEN or disabilities, backed up by neweducation, health and care plans - part of the biggest reforms to SEN provision in 30 years.

It would speed up care proceedings in family courts so children do not face long and unnecessary hold ups in finding permanent, loving and stable homes - with the introduction of a new six-month time limit on cases and other reforms. Children currently wait an average of 55 weeks for court decisions.

It would include legislation to stop damaging delays by social workers in matching parents to ethnic minority children - black children already take 50 per cent longer to be adopted than white children or those of other ethnicities.

It would strengthen the law so children have a relationship with both parents if families break up - if that is in their best interest. Ministers will consult shortly on the legal options about how this would work.

And it would strengthen the powers of the children鈥檚 commissioner - to champion children鈥檚 rights and hold government to account for legislation and policy.

皇冠体育app bill is expected to be introduced early in 2013.

皇冠体育app main elements of the forthcoming bill include:

Special education needs (SEN)

皇冠体育app key measures are:

• Replacing SEN statements and learning difficulty assessments (for 16- to 25-year-olds) with a single, simpler 0-25 assessment process and education, health and care plan from 2014.
• Providing statutory protections comparable to those currently associated with a statement of SEN to up to 25 in further education - instead of it being cut off at 16.
• Requiring local authorities to publish a local offer showing the support available to disabled children and young people and those with SEN, and their families.
• Giving parents or young people with education, health and care plans the right to a personal budget for their support.
• Introducing mediation for disputes and trialling giving children the right to appeal if they are unhappy with their support.

皇冠体育app legislation would draw on evidence from 20 local pathfinders set up in September 2011. 皇冠体育app interim evaluation reports are due in summer and late autumn 2012, with a final report in 2013.

Ministers have committed to making all the necessary legal changes to put in place reforms proposed in the 鈥楽upport and aspiration鈥� green paper.

皇冠体育app green paper was published for consultation in March 2011 - and next week, ministers will set out their detailed response and reform timetable.

Adoption

皇冠体育app key measure is:

• Stopping local authorities delaying an adoption to find the perfect match if there are suitable adopters available. 皇冠体育app ethnicity of a child and prospective adopters will come second, in most cases, to the speed of placing a child in a permanent home.

皇冠体育app proposal was set out in the Adoption Action Plan published in March 2012 - part of wider reforms to speed up and overhaul the system for prospective adoptive parents and children.

Family law

皇冠体育app key measures are:

• Creating a time limit of six months by which care cases must be completed.
• Making it explicit that case management decisions should be made only after impacts on the child, their needs and timetable have been considered.
• Focusing the court on those issues which are essential to deciding whether to make a care order.
• Getting rid of unnecessary processes in family proceedings by removing the requirement for interim care and supervision orders to be renewed every month by the judge and instead allowing the judge to set the length and renewal requirements of interim orders for a period which he or she considers appropriate, up to the expected time limit.
• Requiring courts to have regard to the impact of delay on the child when commissioning expert evidence and whether the court can obtain information from parties already involved.
• Requiring parents in dispute to consider mediation as a means of settling that dispute rather than litigation by making attendance at a mediation information and assessment meeting a statutory prerequisite to starting court proceedings.
• Freeing up judicial time by allowing legal advisers to process uncontested divorce applications.

It follows the government鈥檚 response in February 2012 to the final report of the independent Family Justice Review published in November 2011.

Shared parenting

Ministers intend to strengthen the law to ensure children have a relationship with both their parents after family separation, where that is safe and in the child鈥檚 best interests.

皇冠体育app government believes that this will encourage more separated parents to resolve their disputes out of court and agree care arrangements that fully involve both parents.

皇冠体育app government will consult shortly on how the legislation can be framed to ensure that a meaningful relationship is not about an equal division of time but the quality of time that a child spends with each parent.

This was announced as part of the government鈥檚 response to the independent Family Justice Review in February 2012. 皇冠体育app review published its final report in November 2011.

Office of the Children鈥檚 Commissioner

皇冠体育app key measures are:

• Strengthening the commissioner鈥檚 remit - with new overall function to 鈥減romote and protect children鈥檚 rights鈥� as set out in the United Nations Convention of the Rights of the Child.
• Widening the Commissoner鈥檚 remit to include the functions of the Children鈥檚 Rights Director in Ofsted.
• Granting new powers to carry out assessments of the impact of new policies and legislation on children鈥檚 rights and underline existing duties on government and public services to publish formal responses to commissioner鈥檚 reports.
• Giving more independence from ministers and report directly to parliament - with parliament playing a stronger role in scrutinising the commissioner鈥檚 performance.
• Granting future commissioners a single six-year term of office.

It follows Dr John Dunford鈥檚 independent review of the Office for Children鈥檚 Commissioner which reported in December 2010.

Notes to editors

皇冠体育app Children and Families Bill is expected to be introduced early in 2013 and carry over into the third session of this parliament for royal assent.

Here follows more background detail on each element of the proposed legislation:

Special educational needs

皇冠体育app biggest SEN reforms for 30 years were set out in the , published and consulted in March 2011.

皇冠体育app government is piloting the reforms in 20 pathfinders, covering 31 local authorities. It announced the .

皇冠体育app interim evaluation will be published in autumn 2012 and final evaluation in 2013. 皇冠体育app work of the pathfinders will continue to inform the changes we make to legislation through the Bill.

Ministers intend to publish the formal response to the green paper consultation next week.

皇冠体育app bill鈥檚 SEN provisions will apply to England.

Adoption

Ministers published the .

皇冠体育app bill鈥檚 adoption provisions would apply to England. 皇冠体育app government will discuss with the Welsh ministers whether it would be extended to Wales.

Family law

皇冠体育app government published its .

皇冠体育app final report of the Family Justice Review was published in November 2011.

皇冠体育app bill鈥檚 private and public family law provisions would apply to England and Wales.

Flexible parental leave and flexible leave

皇冠体育app government published a consultation on in May 2011.

皇冠体育app consultation on implementing the recommendations of Imelda Walsh鈥檚 2008 independent review - and previous government鈥檚 response.

皇冠体育app bill鈥檚 flexible parental leave provisions would apply to the whole of Great Britain. Flexible Working provisions would apply to England, Wales and Scotland - but is devolved to Northern Ireland.

Office of the Children鈥檚 Commissioner

Dr John Dunford published an in December 2010.

皇冠体育app Children Act 2004 - established the current Office of the Children鈥檚 Commissioner. 皇冠体育app Education and Inspections Act 2006 transferred the post of the Children鈥檚 Rights Director to Ofsted - the role was originally established under the Care Standards Act 2000.

皇冠体育app bill鈥檚 Office of the Children鈥檚 Commissioner reforms would apply primarily to England. 皇冠体育app devolved administrations have their own children鈥檚 commissioners.