Clause 19 sets out the principles for involving children and young people with special educational needs in decision-making. That is very welcome. However, I am concerned that the Government’s intentions are not reflected consistently throughout Part 3. Clauses 32, 36, 38 and 44 in particular exclude children under the age of 16 from participating in decisions. I seek assurance from the Minister that Clause 19 applies to all of Part 3, including these clauses. If the Government’s intention is to involve children under 16 in decision-making about their own lives, I see no reason why children should not be included in those clauses.
In another place, the Minister stressed the importance of Clauses 32, 36, 38 and 44, referring only to decision-makers—that is, young people over 16 or parents. However, these amendments would not give under-16s decision-making responsibilities; they would simply enable children to receive information and participate in processes.
The Government acknowledge, in Clause 19, the importance of providing information and support to children to ensure that they can participate as fully in decisions about their own education and care. Furthermore, this approach prepares children for when they turn 16 and the primary responsibility for decision-making rests with them. The Government’s reasoning regarding decision-making is also inconsistent, as other provisions in Part 3 explicitly refer to the involvement of children as well as young people and parents—for example, in Clause 30. I am concerned that the legislation as it stands will cause confusion for local authorities regarding whether and how they should inform and involve under-16s in decisions about their education, health and care needs. These amendments would provide clarity.
Under the UN Convention on the Rights of the Child, all children have the right to have a say in decisions that affect them and have their views given due weight in accordance with their age and maturity. The UN Convention on the Rights of Persons with Disabilities also states that disabled children should be provided with disability and age-appropriate assistance to realise the right to be involved in decisions that affect them—Article 7. Evidence shows that, despite
these rights, disabled children are often excluded from decision-making processes or face barriers to having their voices heard. Research from the Government’s own pathfinder programme shows extremely low levels of children’s participation in decision-making.
I hope that the Minister will accept these amendments, which would ensure that all children could participate fully and effectively in decisions regarding their education, health and care needs. I beg to move.
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