PARLIAMENTARY DEBATE
Special Educational Needs and Disabilities Review - 29 March 2022 (Commons/Commons Chamber)
Debate Detail
This review has been shaped by children with special educational needs and disabilities and in alternative provision, by their families and teachers, and by the committed workforce across education, health and care sharing their experiences and stories. I send them huge thanks for their openness in sharing emotional, and sometimes difficult experiences with us. We have listened, and in response today I am publishing for public consultation the Government’s “Special Educational Needs and Disabilities and Alternative Provision Green Paper.”
In schools in England alone there are 1.4 million pupils with a diverse range of special educational needs, and too often they do not get the support they need. In 2014 we made far-reaching changes to support children with special educational needs and disabilities, and their families—indeed, in 2016 I was the Minister for Children and Families. Those reforms gave critical support to more children, but in reality the system is not working as it should. Too often decisions about support are based on where a child lives, not on what they need, and many have lost confidence in the system. On top of that, the alternative provision system is increasingly used to support children with special educational needs, but the outcomes for many of those children remain shockingly poor. We have therefore considered alternative provision within this review.
Despite unprecedented investment through a £1 billion increase in high needs funding, taking total funding to £9.1 billion in the coming financial year on top of the £1.5 billion increase over the last two years, the system has become financially unsustainable. Local authorities are in deficit and overspending on their dedicated schools grant, with total deficits now standing at more than £1 billion. The publication of the Green Paper is long-awaited, and I am proud to announce that our proposals will build a more inclusive and financially sustainable system, where every child and young person will have access to the right support, in the right place, at the right time.
To meet our ambitions, and the ambitions of so many children and their families, we propose to establish a new single, national special educational needs and disabilities and alternative provision system across education, health and care, setting clear standards for how children and young people’s needs are identified and met. To enable effective local delivery, we propose establishing new statutory SEND partnerships, bringing together education, health and care partners with local government, to create a local inclusion plan. That plan will set out how each local area will meet the needs of children in line with national standards. We will also clarify the roles and responsibilities of every partner in the system, with robust accountabilities to build confidence and transparency.
Locally and nationally published inclusion dashboards will capture and track metrics to drive system performance, and mean that areas respond quickly to emerging local needs. Data and transparency are our allies on this journey. Parents should not need to fight the system; the system should be working and fighting for them. The proposed changes will help parents to know exactly what their child is entitled to, removing their need to fight and guaranteeing them access to mediation, leading to better, earlier and more effective interventions for their child.
I will always be on the side of children and parents. Wherever possible, I want our children to be educated close to home, near to friends and within local communities. Frustratingly for families, that is not happening consistently enough. Today, building on the schools White Paper published yesterday, we are committing to improve mainstream education through early and accurate identification of need, through high-quality teaching of a knowledge-rich curriculum, and through timely access to specialist support, where needed. Change will be underpinned by the increase in our total investment in the national schools budget. As set out in last year’s spending review, we will invest an additional £7 billion by 2024-25, compared with 2021-22, including an additional £1 billion in 2022-23 for children and young people with high needs.
I recognise the importance of a confident and empowered workforce with access to the best training to support this cohort of children, and many of my colleagues have made representations to me on that. We will consult on the introduction of a new special educational needs co-ordinator national professional qualification for schools and increase the number of staff with an accredited level 3 SENCO qualification in early years settings.
For some children and young people, specialist provision will be the most appropriate place for them to be able to learn and succeed. For those requiring specialist provision, whether in a mainstream or special school, we propose a simplified process. We will support parents to make informed choices by providing them with a list of appropriate placements tailored to their child’s needs, meaning less time spent researching the right school. To prevent needs from escalating, for children with challenging behaviour we want to use the best practice of alternative provision to intervene earlier so that children and young people are supported to thrive, and that the risk of these vulnerable children and young people being exploited or, sadly, involved in serious criminal activities is minimised.
At last year’s spending review, we announced an investment of £2.6 billion over three years, delivering tens of thousands more specialist places and improving existing specialist and alternative provision. Today, I can confirm that £1.4 billion of that funding will be capital spending for high needs for academic years 2023-24 and 2024-25, to help local authorities deliver new places quickly. We cannot wait for the Green Paper consultation; we need to do that now for those with additional needs. That means up to 40 new alternative provision and specialist settings. Taken together, these proposals will improve the special educational needs and disabilities and alternative provision system, delivering the right support in the right place at the right time for children and young people.
Today, I am launching a 13-week consultation on the proposals set out in my Green Paper. This is the opportunity for children and young people, their families, and those working across the special educational needs and disabilities and alternative provision sector to help shape the next stage. We will pay close attention to implementation so that the mistakes of past reforms are not repeated. These reforms are about outcomes, but they are also about fairness: fairness to families who have struggled to get support for their children, to the sector which has gone above and beyond for years, and to children and young people who deserve excellent support to achieve their ambitions. I commend this statement to the House.
Supporting children and learners with special educational needs or disabilities is at the heart of our education system and the work that teachers and school staff are doing every day, and it should be central to the work of Government too. But right now children are being let down. Needs are going unmet. Children are stuck on waiting lists, for occupation therapy to speech and language support. Thousands of families are waiting months for education health and care plans. Children and families are facing a postcode lottery in availability and quality of specialist provision, and parents are increasingly turning to the courts to get the support that is their children’s right.
The system is broken. Parents know it, teachers know it, children know it and the Government know it, too. But we have not got here by accident. The Secretary of State says he is ambitious for young people, but where has that ambition been for the past 12 years? Where was that ambition when he was Minister for Children and Families? The Secretary of State cannot disown the legacy of 12 years of Conservative Governments which has left us with a broken, adversarial and aggressive system that is letting down young people and leaving families in despair.
Against that backdrop, it is hard not to be optimistic about any changes to the system. Early intervention, support in mainstream settings, changing culture, supporting families and making the system financially sustainable—who could object to those ambitions? However, just as we saw yesterday, those ambitions remain sadly hollow: hollow because there is no plan to deliver; hollow because other Government policies are working against those aims; and hollow because children and families are still waiting on a pandemic recovery plan. Too many parents told us that during the pandemic support for their children was removed, was not available and to this day has not been restored.
When Labour says it is ambitious for children, it means every child. Labour’s children’s recovery plan sets out the support it would put in place for children and young people now: mental health support in every school, wraparound activities that support every child’s development, and targeted learning support for the children who need it most. The pandemic was hard on us all, but for children with SEND and their families it was harder still. The long shadow of those months in lockdown is holding children back, so I ask the Secretary of State again when will he finally give children and families the recovery plan they need and deserve? At every school I visit, teachers and staff raise as one of their biggest concerns the broken system facing children with SEND. That is why we all want reforms to succeed: intervention earlier, children’s needs identified sooner and support provided more quickly.
Under the previous Labour Government, children’s centres were also crucial. With millions of families accessing those services, children’s needs were identified quickly and support put in place, but more than 1,000 children’s centres have closed. The family hubs that the Secretary of State announced are a pale imitation of that network of services, yet the evidence is even clearer now than it was then that early intervention and co-ordinated support for families transforms children’s lives. As the Minister is keen to consider the evidence—I know he is—will he not look again at the much wider support and services that families across our country are so desperate to see? Many parents who have had to fight for their children’s support will today also want assurances from him that there will be no compromising on care to cut costs. Can he say when he expects promised additional educational psychologists to be in place supporting children and schools?
Families have had to wait almost 1,000 days since the SEND review was announced for the Government to launch the consultation. Families will wait another 13 weeks for that consultation to close. They will wait longer for a Government response and then again before changes are seen on the frontline. Years have passed since reform was needed and children’s time in the education system is slipping away. Nothing we do in this place can be more important than giving children support to thrive and opportunities for the future, but over the past two years of the pandemic, and the past 12 years of Conservative Governments, all too often our children have been an afterthought. When staff across our schools have been asked to do more with less, they have stepped in and stepped up. They have plugged gaps, taken on more, delivered time and again for the children they are desperate to see succeed. They have put children first and done everything they could. It is long past time the Government did the same.
The hon. Lady also spoke about family hubs. I am disappointed that she is not at least giving herself the opportunity to look at the evidence, which is clear, whether in respect of the Harlow family hub that I visited or the one not far from here in Westminster, where she can go—it is probably within walking distance—to see the great work of multiple agencies that are coming together to deliver the most important must-have services to the families towards whom we need to target help. That contrasts with the Labour plan, which sounded great on paper but did not work implementation-wise because it was obsessed with bricks and mortar rather than helping families.
I do not recall any other question from the statement that the hon. Lady made. Suffice it to say that, yet again, as she demonstrated yesterday, there is no plan from Labour.
I welcome the fact that the Secretary of State is getting a grip on this issue, but it is wrong that it has taken almost three years for this Green Paper to come to fruition. It is wrong that for so long parents have had to wade through a treacle of unkind bureaucracy and that, as the Secretary of State has acknowledged, they have been subject to this awful postcode-lottery provision, whereby they wait for months on end to get the EHCP that they should have. There are not enough trained staff—an issue that I recognise the White Paper looks at.
Our Education Committee report made two key recommendations: that there should be a neutral advocate for parents to help them to wade through the bureaucracy—an idea that I urge the Secretary of State to look at again, so that everyone has a fair chance—and that the powers of the social care ombudsman should be extended beyond the school gates, to make sure that children are properly looked after.
The test for us all will be whether parents soon come to our constituency surgeries—I wish it did not have to take more months of consultation—and we no longer hear the awful stories of the struggles they face, and they no longer have to appeal to their MP to try to navigate their way through the system. I urge my right hon. Friend the Secretary of State to get this done as soon as possible and to sort it out once and for all, because it is a major social injustice in our education system that children with special educational needs do not have a level playing field.
My right hon. Friend raised a number of important points that the Green Paper attempts to address, although there is of course a consultation. One of his points was about clarity for parents. Our proposal to establish a single national integrated SEND and AP system in England will help to inform parents wherever they live. If they move house, they will be able to find out what they should expect from the system for their child. It will help them to make informed choices from a tailored list of settings. It will strengthen mediation arrangements so that they do not feel they have to go to tribunal and line the pockets of expensive consultants or lawyers. All these things are addressed in the important Green Paper. Part of the work is to ensure excellent provision from the early years to adulthood and to build inclusivity into the system. We will always listen to what my right hon. Friend has to say.
I welcome the fact that Ofsted will have a role in looking at the new local inclusion plans, but will the Secretary of State promise me that he will monitor the new Ofsted framework to make sure that it properly holds schools to account, and that if schools fail kids with special needs, that is reflected in their inspection reports?
The White Paper that I published yesterday includes the parent pledge, which is that teachers will identify students’ gaps in reading and English language and share that with parents. That should get us to the place where my hon. Friend wants us to be: one where every teacher feels confident that they have the training to identify dyslexia and dyspraxia and deal with them in the appropriate way.
The Green Paper mentions that the SEND system is “bureaucratic and adversarial”, “not equally accessible”, and takes a
“heavy emotional—and sometimes financial—”
toll on parents. Parents in my constituency would very much identify with that. People have been waiting three long years for this Green Paper, which is a welcome step forward, but parents, school staff and children alike are dismayed that there will be a further 13-week consultation, with legislation some time after that. The Secretary of State has said that the review has been shaped by parents and teachers, so when will parents in Twickenham and across the country see the impact of the changes?
The hon. Lady asks when people will see the difference. The reason why I went to the Chancellor during the spending review and got the £2.6 billion, the additional £1 billion and the safety valve money is that I do not think we can wait until we have a consultation and get to a place where the whole Green Paper is a reality on the ground. That is why we are today announcing £1.4 billion—the first tranche of the £2.6 billion—for up to 40 new settings, which will see additional provision going into the system so that parents have the confidence that the provision will be there for their child.[Official Report, 31 March 2022, Vol. 711, c. 7MC.] However, she is right: this has been a long time coming, and I will make sure that we move at pace on the further reforms that are outlined in the Green Paper.
The Secretary of State outlined in his statement that he is launching a consultation and wants the very same families, teachers and carers to engage with him. Does he appreciate that they are tired? I do not think that they have the energy to engage in yet another consultation, because they are still trying to provide a service for the very children we want to see flourish. How is the Secretary of State confident that he will get the right views to make sure that this works?
I urge the hon. Lady’s local authority to look around. Areas in London such as Barnet and Islington are doing incredibly well in local provision and in the ability to co-create with families what they need. Where the hon. Lady has a point is that that is not uniformly delivered across the country. That is what the Green Paper will do, but we are not waiting for it: in the meantime, we are investing £2.6 billion in thousands of additional places, both specialist and mainstream.
The Green Paper is about a whole system review and, together with yesterday’s White Paper and our parent pledge that teachers will identify the gaps in English language, reading and writing and share them with parents, it is our greatest lever to begin to look at how we do this well. I am looking forward to working with my right hon. Friend on the evidence of best practice around the world.
I recently visited Villa Real School, a special school in my constituency. One issue that the school faces is that it was built for a smaller number of pupils than it now has because of the rising need for special school places. Will the Secretary of State meet me to discuss the school? Will he also look at the capital building programme? It is essential that as part of the review we deliver the places needed for children in the environment they wish to be educated in.
Can my right hon. Friend confirm that he will work to eradicate the various financial penalties that schools suffer when they take on more SEND children? Some of them constitute very strange and up-front costs. Will he look into the way in which the league tables are communicated, to ensure that schools that are looking after children with more complex needs are not treated unfairly for doing so?
I am pleased to see that Health Ministers are present. The Government recently announced the My Planned Care website to keep patients up to date on their wait for NHS treatment. Many parents tell me that they are often instructed not even to ask about the wait that they face. Should not parity of esteem between physical and other conditions demand the inclusion of the wait for CAMHS on that site, not just so that parents can see what the national standard is, but so that they can see exactly where their child stands and how long they will have to wait?
When things go wrong, parents will continue to have the right to redress. The proposals we have presented today are intended to resolve issues earlier. Parents will still be able to go to tribunals if they want to, but we are proposing to strengthen mediation overall so that we improve relationships locally and bring quick resolution. If we all agree that that early intervention is important, it is only right that we do this. We are of course consulting on mandatory mediation. There is evidence that all these measures work and that they improve the system, which is why I am launching the 13-week consultation.
I recently visited St Hugh’s, an outstanding special school in my constituency. I was shown around by Thomas and Spencer, and I was incredibly impressed by both of them—they made a big impression on me. They are brilliant tour guides, and I hope to pay them back by giving them a tour of this place as soon as it can be arranged. Will my right hon. Friend the Secretary of State join me in thanking the staff and teachers at schools such as St Hugh’s for the brilliant work they are already doing, alongside the Government, to support our great young people like Thomas and Spencer?
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