Luciana Berger – 2016 Parliamentary Question to the Department for Education
The below Parliamentary question was asked by Luciana Berger on 2016-02-19.
To ask the Secretary of State for Education, whether her Department has received representations on requests by schools to parents and carers that children with autism spectrum disorder not attend school during Ofsted inspections in the last five years.
Edward Timpson
The Department is aware of a small number of cases in the last few years where parents and carers have complained about a school either asking a child with autism to stay at home on Ofsted inspection days, or diverting the child to other non-academic activities on those days.
Whenever such complaints have been received, we have been absolutely clear that any request for a child to stay at home during an Ofsted inspection would be an unlawful exclusion and that parents and carers should make a formal complaint to the school’s board of governors. Taking a child out of normal timetabled lessons during an inspection is unacceptable and should be drawn to the attention of the school’s board of governors.
Parents can also ask the Secretary of State to make a determination under Sections 496 and 497 of the Education Act 1996, which give her the power to direct a governing body where it has failed to discharge a statutory duty or has done so unreasonably. Any such direction would have to be expedient, in that there must be something the Secretary of State could direct the school to do which would put matters right.
Depending on the circumstances, parents and carers could also bring a claim of disability discrimination to the First-tier Tribunal (Special Educational Needs and Disability).
Ofsted’s school inspection framework requires inspectors to take account of schools’ use of exclusion. The Department would also pass to Ofsted any relevant evidence that falls within the inspectorate’s remit. If, during the course of an Ofsted inspection, inspectors become aware that a school has unlawfully excluded pupils for the period of the inspection, this will be taken into account in judging the effectiveness of the school and its leadership. If the evidence emerges after the inspection, the matter will be investigated by Ofsted and could lead to the school receiving an unannounced inspection visit.
