SEND Provision: Somerset

Tuesday 3rd September 2024 Westminster Hall

16:00

[Clive Efford (in the Chair)]

I will call Sarah Dyke to move the motion and then the Minister to respond. As is the convention for 30-minute debates, there will not be the opportunity for the Member in charge to wind up.

[Sarah Dyke (Glastonbury and Somerton) (LD)]

I beg to move,

That this House has considered SEND services in Somerset.

I do apologise for being late, Mr Efford. I am slightly out of breath, but it is an honour to serve under you in the Chair. Before I start, I draw my fellow Members’ attention to my entry in the Register of Members’ Financial Interests as a sitting Somerset councillor.

The current special educational needs and disabilities system is broken. Those with experience all report that it is far too adversarial, pitting families against councils and schools. The recent Isos Partnership report, produced in partnership with the County Councils Network and the Local Government Association, found that all stakeholders are acting reasonably, but are being failed by the system.

It is important to set out why the system is broken and the challenges that it faces. More children are being identified as having SEND—special educational needs and disabilities—than ever before. In January 2022, 14,000 children in Somerset were identified as having SEND; 4,000 of those children had education, health and care plans and the other 10,000 had some form of SEND support. Somerset is far from unique; SEND numbers have risen nationally. Since reforms to the system under the Children and Families Act 2014, the number of EHCPs has risen by 140%. More children have also had their needs left unmet in mainstream educational settings, a fact that places more emphasis on specialist schools.

Between 2014-15 and 2023-24, there has been a 60% increase in SEND placements in state-funded schools. Somerset Council officials have told me that the linchpin for the system failing has been the inability of mainstream education to cope with the sheer increase in demand within such a short time. The reality is that under the previous Conservative Government, schools and councils faced a huge real-terms cut in funding, which has undoubtedly had a negative impact on the provision that mainstream schools can provide.

The reliance on independent specialist schools has also increased pressure on councils. Somerset Council funding for children with EHCPs in mainstream settings is about £12 million a year and, despite having a quarter as many children in independent schools, the cost is more than double and, in addition, costs the council over £30 million per year. The difference in expenditure between children with EHCPs in independent schools and those in state-funded schools is vast. A typical child assessed as band 3 in a mainstream school will get £13,359 of total funding, whereas an independent school place can cost up to £100,000, plus £50,000 in transport costs. That is more than 10 times what a child with similar needs in a mainstream school is getting.

That brings me on to another element of failure. Even though the Government are investing more than ever in SEND provision, it is still significantly less than the actual spend by local authorities. Government funding in the high needs block allocation has risen from £4.8 billion in 2014-15 to £9.2 billion in 2024-25, but analysis has shown that the actual figure for high needs spending by local authorities is £890 million more in 2023-24 and could rise to more than £1 billion over the next two years. Somerset Council’s high needs forecast was evaluated by Newton Europe, which concluded that by 2027-28 the council would be carrying a formal deficit of £160 million. The statutory override on the debts means that they are kept off the books, but half of council leaders surveyed recently said that they would be insolvent in three years if that was removed.

The funding is also unequal across the country, leading to a postcode lottery in provision. Somerset Council is part of the f40 group, which includes the poorest funded councils in the country. Somerset will receive less than £8,000 gross dedicated grant funding per mainstream pupil in 2024-25—more than £5,000 less than the best-funded local authority in England, illustrating a massive disparity.

Rural areas such as Somerset also face huge costs in home to school transport due to the sheer size of the county. The average cost to Somerset Council of transport for a child with SEND is £10,000 per year, while some individual transport arrangements cost the council over £60,000 a year. Despite that investment and support, the outcomes for children with SEND have failed to improve over the last decade since the reforms in 2014.

I am inundated with casework from desperate parents who are at breaking point over their child’s being unable to receive the education they deserve. One parent from Wincanton told me that their bright, intelligent child deserves to be cared for rather than ignored by the system following what was a harrowing experience. Even though their child has gone through the SEND system and has a placement in a specialist school, their needs are still not being met properly. To summarise, there is more demand than ever before and the system is costing more than ever before, but it is failing to deliver for some of the country’s most vulnerable children.

I turn my attention now to a consequence of the failure of SEND services in Somerset. About 2,000 children in Somerset receive a home education. Although the council believes some of the children are receiving a home education for an entirely legitimate reason, many are being forced into home schooling as the child could not cope in school. Issues arising from a forced home education are twofold.

When a child moves to receive education at a place other than a school, they are automatically deleted from the school roll, resulting in the council’s being unable to receive the dedicated grant funding for that child. Somerset Council estimates that that is costing the education system between £8 million and £10 million a year. It is almost impossible to retrieve that money to create space for the child in the system once they are off-rolled. That then creates a one-way exit from the system unless an EHCP is granted for the child at some point in the future. In any case, it would be a very slow and arduous process, because we know that nearly half of EHCPs take longer than the 20-week statutory period to be granted.

The tribunal system is far too traumatic and stressful for parents. While 98% of tribunal cases find in the parents’ favour, that does not change the reality that councils are struggling to provide sufficient and appropriate services. For parents who do not know how to navigate the tribunal process, it can be even more turbulent for them and their child. Somerset is struggling with the issue more than many other places across the country.

Somerset has the third-highest rate of school exclusions and the second highest rate of suspensions in England for children with SEND. Those exclusions and suspensions are primarily for persistent disruptive behaviour. Even where a child has not been identified with SEND, it has often subsequently been discovered that there is an undiagnosed need. That leaves them excluded from the system and fighting for a diagnosis and an EHCP in order to get back to school, where they should be, and receive the education that they deserve.

It is not surprising to learn that there is also a detrimental impact on parents. There are around 60,000 economically inactive adults in Somerset, and the council has reason to believe that at least some of those people have been forced to give up work because they care for their child at home. We can often forget the important childcare aspect of education. The impact of a breakdown in a child’s education can have a wide range of consequences; sadly, in some cases, it can lead to a family breakdown. We need to undertake work on a national level to get to grips with the scale of the problem. I know the Government are proposing a register of children not in school, to understand the issues better, but we still need to create better routes to get children back into school.

Somerset council is supporting efforts to bring in a more flexible education system that would work to support children at home and to rebuild their ability to enter the system, but they need national support.

[Sir Ashley Fox (Bridgwater) (Con)]

I thank the hon. Lady for bringing the debate to Westminster Hall. I have only been the Member for Bridgwater for two months and already have many letters from parents concerned about the system in Somerset for SEND. It is clear that the system is too adversarial and not working correctly. I support her plea for Somerset to be more generously funded—not more than others, but brought up to the average of the country.

[Clive Efford (in the Chair)]

Is this an intervention on the hon. Member or a speech?

[Sir Ashley Fox]

Does the hon. Lady agree that the most pressing problem is delays in the system, particularly in making decisions, in creating an EHC plan and in assessing what the contents of that plan would be?

[Sarah Dyke]

The hon. Gentleman is correct. We know that, as I have already said, there are significant delays in children receiving their EHCP, so I call on the Government to speed up that process. As I have said, the most important thing is for our children to receive the education they deserve. We need to get them in school, where they should be, to have the best possible education.

Somerset council’s flexible approach involves taking more compassionate actions to put children’s needs at the forefront and to support them in their journey back into mainstream education. The Liberal Democrats want to support that work by creating a national body for SEND that would fund support for those with the very highest needs. A national body would support services to identify where early interventions are needed. That would lower future costs, since needs are so often exacerbated due to inaction.

We must look at other solutions and reforms that could make the system more efficient. Somerset council is utilising the funding it has and equalising funding between mainstream and specialist schools, but currently mainstream schools get a third less money than specialist schools. Somerset council believes that by spending the money in a smarter way, it can improve mainstream provision and create better opportunities for children. The new Government have pledged to take a community approach to SEND, and I await further details of what that will look like.

Aside from the children’s wellbeing Bill, there was little mention of SEND in the King’s Speech. The Government pledged to put children at the heart of education and children’s services with that Bill, but to make real change we must put early interventions in place and create support within the mainstream system to reduce costs and the demand for specialist schools.

Part of the solution is to give local authorities with responsibility for education the powers and resources to act as strategic education authorities for their area, including responsibility for places planning, exclusions, administering admissions and SEND functions. The importance of those issues cannot be overstated as evidenced by the three debates on SEND happening in this place this week alone.

I have spoken about issues specific to Somerset, but the crisis affects children and families across the country. We simply cannot let it go on any longer. Delays in action and reform will cost those within the SEND system and will increase the cost to the public purse, as the finances needed to fix the system just carry on increasing over time. I would like to hear more details from the Minister on how the Government will resolve the issues embedded in the system and support the nation’s children to secure the education that they deserve.

16:15

[The Minister for School Standards (Catherine McKinnell)]

It is a pleasure to serve under your chairmanship, Mr Efford. I congratulate the hon. Member for Glastonbury and Somerton (Sarah Dyke) on securing a debate on this incredibly important subject. She is right—three such debates are scheduled for this week, which shows how important and pressing the matter is.

The hon. Lady has a keen interest in special educational needs and disabilities, which she has expressed today in her comments, and she demonstrates strong advocacy for the children and families in her constituency. She described the SEND system as broken, and I agree. She made some very thoughtful comments on how we can seek to address some of the current challenges, which I will come on to.

As a Government committed to breaking down barriers to opportunity and giving every child the best start in life, we know that that means ensuring that all children and young people, including those with special educational needs and disabilities, receive the right support to succeed in their education and lead happy, healthy and productive lives.

There are more than 1.6 million children and young people in England who have special educational needs. For far too long, too many families have been let down by a system that is not working. The previous Secretary of State for Education said the system was “lose, lose, lose” and she was right. For years, the Conservatives knew the system was not working, but they left families to be failed.

Despite high needs funding for children and young people with complex special educational needs and disabilities rising to higher and higher levels, confidence in the SEND system is low. Tribunal rates are rising, as the hon. Lady described, and there are increasingly long waits for support. Far too many children with special educational needs fall behind their peers and do not reach the expected levels in fundamental reading, writing and maths skills. Just one in four special educational needs pupils achieve expected standards at the end of primary school.

Families are struggling to get their children the support they need and, more importantly, deserve. This must change. After years in which parents have been frustrated by empty promises and by reform programmes that have been delayed time and again, this Government will be honest with families.

We are utterly committed to improving inclusivity and expertise in mainstream schools—as the hon. Lady highlighted, that is an important part of solving this issue—as well as ensuring that special schools can cater to those with the most complex needs. We are determined to restore parents’ trust that their child will get the support they need to flourish.

We know that effective early identification and intervention can reduce the impact that a special educational need or disability may have in the long term. That is why in July we announced that funded support for 11,100 schools registered to the Nuffield early language intervention programme would continue in the year 2024-25. That will help pupils who need extra support with speech and language development to find their voice.

There are no quick fixes for these deep-rooted issues. After 14 years, I can scarcely see a system that is not broken or in desperate need of reform, and which is so important that we fix. Let me be clear. We have started the work already. Fixing our SEND system will be a priority for this Department, but it will take time. A decade of national renewal is what we must deliver to give every child the best start—one that they deserve. However, the Government cannot do it alone. We will work with the sector as an essential and valued partner, to ensure that our approach is fully planned and delivered with parents, schools and councils, and with the expert staff who go above and beyond to help children.

We are acting as quickly as we can to respond to the cost pressures in the SEND system, which are causing real financial problems in some local authorities, including in Somerset. Before the parliamentary recess, we announced a new core schools budget grant, which will provide special and alternative provision schools with over £140 million of extra funding in this financial year of 2024-25, to help with the extra costs of this year’s teachers’ pay award and the outcome of the negotiations on an increase for support staff. That is in addition to high-needs funding allocations for children and young people with complex special educational needs and disabilities, and to the existing teachers’ pay and pension grants, which total £10.75 billion this year.

The Department for Education budgets for 2025-26 have not yet been decided, and how much high-needs funding is distributed to local authorities, schools and colleges next year will depend on the outcome of the first stage of the Government’s spending review, which is due to be announced at the end of October. That means that next year’s allocations of high-needs funding to local authorities have not been published within the normal timescale, but we are working across Government and we will announce next year’s funding allocation for Somerset and all other local authorities as soon as we can.

We are acutely aware not only of the financial pressures that local authorities are facing because of the increasing cost of supporting young people and children with complex needs but of the financial pressures that the Government as a whole are facing because of the economic climate that we have inherited. As I have said, resolving these problems will not be quick or easy, but I am keen that we develop long-term solutions and I welcome contributions across the House, such as the one by the hon. Member for Glastonbury and Somerton, on these very important issues.

It is important that there is a fair education funding system that directs funding where it is needed and where it can best provide support. One aspect of that is the national funding formula that is used to allocate high-needs funding to local authorities, so we will take time to consider whether or not to make changes to the formula and the impacts of any such changes on local authorities, including in Somerset.

Every young person with special educational needs or disabilities should have access to high-quality services, and local authorities are critical in ensuring that children and their families can access the support they need. Ofsted and the Care Quality Commission jointly inspect local authorities’ SEND provision to ensure that there is joined-up support for children and young people. These inspections enable the Department for Education to intervene in cases of significant concern and to work with local authorities and professional advisers to address areas of weakness.

We therefore welcome the publication of the Big Listen response today. We will work with Ofsted to consider how outcomes for children with special educational needs and disabilities or in alternative provision are better reflected in the educational inspection framework and the area SEND inspection framework in the future.

I am concerned that a joint local area inspection of Somerset’s SEND services, which was undertaken by Ofsted and the Care Quality Commission in March 2020, identified nine significant areas of weakness. Following the actions that were taken, the CQC has subsequently confirmed that seven of the nine areas have made sufficient progress and were therefore stepped down. Somerset was required to produce an accelerated progress plan to address the two remaining areas, and progress against the plan is being closely monitored by officials from the Department for Education and NHS England.

The Department has implemented a support programme in Somerset, which included workshops and support focused on the importance of the data in joint commissioning. Somerset has drawn on the specialist advice of a SEND adviser, whom the Department commissioned earlier this year, and it also receives ongoing support and challenge from the Department and NHS England at six-monthly accelerated progress plan meetings. The combined impact of these interventions has shown improvements over the last three years.

As the hon. Member for Glastonbury and Somerton also expressed, we want a holistic approach to school place planning, which considers how mainstream settings can offer high-quality support to children and young people with SEND, alongside sufficient special school places for those with the most complex needs. Local authorities are able to use their high needs capital funding allocations to deliver new places in mainstream and special schools, as well as other specialist settings. That will also be used to improve the suitability and accessibility of existing buildings.

Somerset council, for example, has been allocated just under £20 million in high needs capital funding between 2022 and 2025. A new special free school, Hillview school, opened this month in Martock, in the constituency of the hon. Member for Glastonbury and Somerton. It joins the eight existing special schools in Somerset. In addition, seven mainstream schools in Somerset have established resource provision that provide access to a mainstream curriculum and classroom, alongside specialist support. Enhanced learning provisions have also been created in five mainstream secondary schools to provide informal support to young people with moderate learning difficulties as they transition from primary education. This Government are committed to working with Somerset council, school leaders, and other sector partners, as well as their national counterparts, to develop and improve inclusive education in mainstream schools.

The hon. Member for Glastonbury and Somerton mentioned the challenges around exclusion, and I appreciate her concerns. Every pupil deserves to learn in a safe, calm classroom and we will always support our dedicated, hard-working teachers to make this happen. Schools can use sanctions as a measure to improve behaviour. In the most serious cases, a suspension or permanent exclusion may be necessary to ensure that pupils are protected from disruption and can benefit from education. Our statutory guidance is very clear in all cases: decisions to exclude a pupil must be lawful, reasonable, and fair. The guidance sets out that headteachers should consider underlying causes, or contributing factors of misbehaviour before issuing an exclusion, including where a pupil has special educational needs. That should ensure appropriate support is put in place when concerns are raised about a pupil’s behaviour, rather than waiting for it to trigger action.

The hon. Lady also referenced the letter sent to the Secretary of State for Education by Somerset council. I thank Somerset council for writing directly to the Secretary of State to set out its thoughts on the SEND system. The Government recognise that, for too long, the education and care system has not met the needs of all children, with too many parents struggling to get their children the support they need and deserve. My officials will be pleased to meet representatives from Somerset council, who have set their thoughts out very helpfully, and they will be in touch in due course to organise a meeting.

I want to thank the hon. Member for Glastonbury and Somerton again for bringing this matter forward, and also those who have contributed and attended the debate. Somerset SEND services, along with SEND outcomes across the country, are issues we all care passionately about. I absolutely recognise that the SEND system needs to improve. I acknowledge the hardship that too many families face when seeking to secure the right support for their children with special educational needs and disabilities. I am determined that this will change.

I also want to acknowledge the hard work taken on by so many working in education, health and care, to support children and young people with special educational needs, both in Somerset and right across the country. I thank them for their commitment and service.

Question put and agreed to.