Educational Record of Need statements (FOI)

​​​Request 

A

As of 31 December 2023, how many children in either primary or secondary schools had a Record of Need? 

B

With regard to the Record of Needs that were in place on 31 December 2023, how many had been accepted and signed by the respective child’s parent(s)? 

C

If such records exist, what are the most common reasons that a parent or parents refuse to sign their child’s Record of Need? 

D

Since October 2017, how many parents have invoked their statutory right to appeal their child’s Record of Need to the Minister, as covered in articles 7.96 to 7.98 of the SEN Codes of Practice? 

E

If any appeals have been made under the aforementioned articles in the SEN Codes of Practice, how many appeals have been resulted in a positive outcome in favour of the parents who made the appeal? 

F

With regard to the Record of Needs that were in place on 31 December 2023, how many parents have been informed of their statutory right of appeal the contents of their child’s Record of Need, whether the parents disputed the contents of their child’s Record of Need or not as of 31 December 2023, how many children in either primary or secondary schools had a Record of Need? 

Response

A

As of 31 December 2023, there were 538 children in both primary and secondary Government of Jersey schools with a Record of Need (RoN). 

B

In line with point 7.50 of the SEND Code of Practice, the final RoN should be signed and dated by the Education Department officer responsible for signing off the final plan. It is not a requirement for the parents to sign the RoN although historically we have offered them the opportunity to do so as it has confirmed their receipt of the RoN.

In line with Code of practice point 7.48 the child/young person’s parents/carers have at least 15 days to give their views and make representations on the content of the draft RoN.  During this period, Inclusion officers are available for a meeting with the child/young person’s parents/carers or the young person themselves on request if they wish to discuss the content of the draft RoN. Through this process the majority of RoNs are confirmed. 

The lack of a signature from the parent on a RoN is not recorded as a refusal, moreover, it is linked to an administrative procedure.

Following the 15 days draft period the majority of parents confirm they are happy with the RoN and will attend meetings with Inclusion if they require further information. 

Therefore, this information is not held in recorded form and Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

C

This information is not held in a recordable format. To provide an answer to the request would require extraction and manipulation of data to produce new information. Therefore Article 3 of the Freedom of Information (Jersey) 2011 Law applies.

D

Since October 2017, the number of parents who appealed their child’s Record of Need, as covered in the SEN Codes of Practice, is fewer than 5. The Department have determined that to provide figures fewer than 5 would likely breach the privacy of individuals therefore disclosure control has been applied under Article 25 of the Freedom of Information (Jersey) Law 2011.

E

Since October 2017, the number of appeals is fewer than 5. The Department have determined that to provide figures fewer than 5 would likely breach the privacy of individuals therefore disclosure control has been applied under Article 25 of the Freedom of Information (Jersey) Law 2011.

F

Where a parent has disputed the contents of the RoN, Inclusion Officers endeavour to work closely with the family to ascertain an agreed way forward in advance of a formal appeal. To provide an answer to the request would require extraction and manipulation of data to produce new information, therefore Article 3 of the Freedom of Information (Jersey) Law 2011 applies.

Further information about Records of Need and requesting an Exceptional Action (EA) can be found via the following link:

Support for children with special educational needs (gov.je)​

Articles applied

Article 3 - Meaning of “information held by a public authority”

For the purposes of this Law, information is held by a public authority if –

(a)     it is held by the authority, otherwise than on behalf of another person; or

(b)     it is held by another person on behalf of the authority.

Article 25 Personal information 

(1) Information is absolutely exempt information if it constitutes personal data of which the applicant is the data subject as defined in the Data Protection (Jersey) Law 2005.

(2) Information is absolutely exempt information if –

(a) it constitutes personal data of which the applicant is not the data subject as defined in the Data Protection (Jersey) Law 2005; and

(b) its supply to a member of the public would contravene any of the data protection principles, as defined in that Law.

3)      In determining for the purposes of this Article whether the lawfulness principle in Article 8(1)(a) of the Data Protection (Jersey) Law 2018 would be contravened by the disclosure of information, paragraph 5(1) of Schedule 2 to that Law (legitimate interests) is to be read as if sub-paragraph (b) (which disapplies the provision where the controller is a public authority) were omitted.​