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whole process of ascertainment anew under another section of the Act with its own
strict procedure and again the parents need not be told of the result of the examination
under section 34.
In the second case the local education authority informs the parent in writing of the
intention to provide special education and, normally, names the school proposed. The
parent must be told that he can appeal against the proposal to the Ministry of Education
if he disagrees with it. Usually he is asked if he proposes to do so. As a result, a parent
intending to appeal usually writes to the education officer who refers the matter to the
principal school medical officer with a copy of the parent's letter.
The senior medical officer in charge of this work throughout the county considers
each of these appeals personally. Experience shows that many appeals are based on a
misapprehension of what special education really is, whilst others show a genuine belief
that a mistake has been made. The parent may be invited to submit the child to a further
examination by one of the specialised medical officers, sometimes in association with a
consultant in another branch. Where further examination would be a waste of time an
interview with the parent may be arranged to give him an opportunity of stating his
objections and having the position explained to him.
As a result of this informal appeal procedure most parents do not proceed with
appeals to the Minister and now very few are made.
Should the parent wish to proceed, the medical officer who conducted the
examination completes the statutory certificate that the child needs special education
(1 H.P.) and the complete dossier is sent to the Ministry of Education for decision.
Enforcement
of attendance
The Act, in keeping with the principle of parental determination, gives under section
37 (2) the parent an opportunity of choosing a school. Generally an ordinary school is
chosen and the local education authority then has to prove to the Ministry that the school
would be incapable of providing suitable education. If the Minister decides that the local
education authority is right he directs the parent to present the child at the special school
when, if the parent persists in his refusal, the aid of the court may be invoked.
Exclusion
from
school
The decision of the local education authority itself is necessary before the
principal school medical officer can proceed with examination arrangements under
section 57 (3 and 4) which may result in exclusion from school.
Once the local education authority has decided upon this course the principal school
medical officer arranges for the examination and the education officer arranges for a
letter of notification, which also explains what is proposed, to be delivered to the parent,
usually by hand. The child must be physically within the local education authority's area
at the time notice is served on the parent. This point seems of little real value but has a
high nuisance value to the larger authorities with large boarding schools outside their
boundaries.
Once the details of notification have been successfully completed, the examination
is similar to that under section 34 (1), the only differences being the use of a
recognised system of performances and that testing must be recorded. A variety of
performance systems is used according to the age and ability of the child (Drever Collins,
Alexander, Porteous Maze) and, if detrimental conduct has to be considered under
section 57 (4), a psychiatrist's report must be available. In examinations under both
sections 34 and 57 different adaptations of recognised test systems are used when a child
is physically as well as mentally handicapped; for deafness—Drever Collins; blindness
or severe partial sightedness—Langham's adaptation of the Binet Simon.
The result of such an examination can only be that the child is, or is not, incapable
of education in any school.
In London, however, should the examination under section 57 (3 and 4) indicate
that the child may be educable in a special school for E.S.N, or maladjusted children,
the parent is told and, if he agrees that the child should have a trial in a special school,
requisite action is taken under section 34 (1) but if he is not in agreement a fresh
examination must be arranged under the appropriate section to satisfy the legal
requirement.
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