My Lords, I very much welcome the Government’s amendments in relation to the provision of information to children with special educational needs. Children must be able to take part in decision-making which affects them, according to the UN convention. They will be able to do so only if they are fully informed. This is also important so that under-16s are prepared for the time when they have primary responsibility for decision-making at the age of 16.
The Committee on the Rights of the Child has stated that children have a right to information, which is a prerequisite to their involvement in decision-making:
“Children need access to information in formats appropriate to their age and capacities on all issues of concern to them. This applies to information, for example, relating to their rights, any proceedings affecting them, national legislation, regulations and policies, local services, and appeals and complaints procedures”.
It has even specifically called on Governments to amend legislation to ensure that children are provided with information so that they can be effectively involved in decision-making:
“The child’s right to be heard imposes the obligation on States parties to review or amend their legislation in order to introduce mechanisms providing children with access to appropriate information”.
These statements underpin the Government’s amendment to Clause 32 which I warmly welcome. The amendment to Clause 32 will ensure that under-16s are provided with advice and information concerning special educational needs and disabilities as well as relevant services.
While welcoming these amendments, I urge the Government to ensure that they are paying the utmost attention to the detail of the code of practice and associated regulations with regard to children’s involvement in decision-making. The code of practice and regulations will shape what people on the ground do and how they involve children and young people in decision-making in practice, so it is critical that these documents spell out clearly, consistently and in detail, the responsibilities of local authorities to involve children and young people of all ages in decision-making. I therefore support the Government’s amendment to Clause 32 and welcome the intention to ensure that children, in addition to young people, are provided with advice and information. I also call on the Government to set out clearly in the code of practice and regulations the rights of children and young people to be involved in decision-making.