SEND Provision

Thursday 5th September 2024 Westminster Hall

[Clive Betts in the Chair]

15:00

[Mr Clive Betts (in the Chair)]

Order. Please can Members leave quietly?

[Richard Burgon (Leeds East) (Ind)]

I beg to move,

That this House has considered SEND provision.

It is a great pleasure to serve under your chairship, Mr Betts. I am delighted to have secured this debate and to see such a packed Westminster Hall. I start by thanking all the parents and campaigners who have rightly put this issue high on the agenda, all the organisations that have provided briefings for MPs, and of course all the MPs here in a packed Westminster Hall.

Nearly 50 MPs have applied to speak today; I cannot recall anything like that for many other Westminster Hall debates. I hope that the Government and all those with a say over the parliamentary agenda take note and ensure time for a much longer debate on this vital issue very soon. This is an essential debate. The crisis in SEND provision is one of the biggest messes left by the previous Government—one that the new Labour Government will have to start to clear up quickly, as SEND needs are likely only to increase. That will require a radically different approach from the one currently failing so many children.

We cannot have this debate today without acknowledging how the crisis was deepened by an austerity agenda that tore up much of the social fabric that once would have offered pupils and their families much of the support needed. That dangerous idea has hollowed out councils’ budgets and severely restricted the services that they can provide. It has caused long-term harm to the NHS, including huge waiting lists for assessments and massive backlogs in mental health services. It has placed unbearable pressure on schools, which are asked to do more and more with fewer and fewer staff and resources. It has caused key public workers to leave due to stress, simply impossible workloads and low pay, further weakening services.

[Sarah Edwards (Tamworth) (Lab)]

I congratulate my hon. Friend on securing such an important debate in such a full Westminster Hall. Since 2010 schools have been grappling with chronic underinvestment by former Conservative Governments. We know that those with special educational needs and disabilities have borne the brunt of that. Schools are expected to pick up the pieces without the proper support. Does he agree that we need to build capacity and expertise in the mainstream system so that more children can access the universal and targeted support that they need?

[Richard Burgon]

My hon. Friend puts it very well; I could not agree more. There is an old saying that it takes a village to raise a child. Well, so many of the key services that we had in our communities to help support child development are on their knees due to austerity, and children are paying the price.

Every MP in this House is aware that the special education needs and disability system has gone beyond crisis and is in emergency.

[Sir David Davis (Goole and Pocklington) (Con)]

The hon. Gentleman will remember that we had a debate like this one in the main Chamber, and there was record demand—that tells the Government something. He is right that there is not enough money for SEND generally, but it is also distributed very badly. In my constituency we get £900 per child from central Government versus, let us say, Camden’s £3,500. That means that we have delays of two, three or four years—education, health and care plans not delivered, places not delivered and therapy not delivered. If we do not solve both issues, we will not solve either of them.

[Richard Burgon]

I very much agree with the right hon. Gentleman, who makes the point—among other points—that this is a holistic issue: unless we solve all the interconnected root causes of the SEND crisis, we will never solve the crisis at all.

We have all had so many heartbreaking constituency cases. For this debate, I asked on social media for people to send in their case studies, and I was inundated with cases from right across the country. I will not be able to cite them all today, but I have read them all and they form the basis of what I will say today.

[Jim Shannon (Strangford) (DUP)]

May I congratulate the hon. Gentleman and suggest that, given the turnout, this debate could well be held in the main Chamber and should last at least three hours? I commend him on bringing this issue forward. I support him in doing so.

Obviously, the Minister does not have to respond for Northern Ireland, but in Northern Ireland, SEND pupils form some 20% of the school population and the budget that we spend is in excess of £500 million per year. It does not go anywhere near meeting the demand, so does the hon. Gentleman agree that we need more placements, more teachers, more places in school as well and, ultimately, better funding? We must not leave behind the SEND children whom we all represent in this Chamber.

[Richard Burgon]

The hon. Gentleman puts it very well indeed.

This crisis is a result of many factors, which others will no doubt give more detail on in today’s debate, but at its core is the mishandling, I would argue, of the Children and Families Act 2014. Its aims—the widening of access to SEND support and the promotion of a more integrated approach, involving health, education and social care—were laudable, but the reality has proved otherwise. Since 2014, the number of pupils with special educational needs and disabilities has increased to 1.7 million. That is one in six pupils.

[Shaun Davies (Telford) (Lab)]

I congratulate the hon. Gentleman on bringing this debate forward. As well as more money, better use of money is key. We have seen a huge reduction in the amount of money being spent in primary schools for speech and language therapy, which then costs the system far more in secondary school, as well as, of course, meaning worse outcomes for children across our country. Does he agree?

[Richard Burgon]

I certainly agree with my hon. Friend, because early intervention is so important, both in giving adequate and timely support to young people and, in the long run, in keeping the costs down; without early intervention, the problems that children face can only get worse and worse. The number needing more support through an education, health and care plan has more than doubled, but the required resources have, as others have said, simply not followed.

[Marie Goldman (Chelmsford) (LD)]

I thank the hon. Gentleman for this debate about an issue that is so important and has filled my inbox over many months, as I am sure is the case for other hon. Members here. The hon. Gentleman mentioned that the eligibility changed in 2014 with the Children and Families Act; it added an extra 11 years when it comes to the children and young people who could be included. Does he agree that it was a complete failure of subsequent Governments not to put in the extra resources to match the additional number of years? That has led to a perverse system in which we now see local authorities battling with parents—using not just normal barristers but King’s Counsel, so sure are they of their righteousness in their battle. With the help of barristers, including KCs, they are battling parents who are often not represented legally and have to represent themselves. Does the hon. Gentleman agree that that is perverse and should never have happened?

[Richard Burgon]

I thank the hon. Member: that is a very important point, and I certainly agree. I will turn later in my speech to the subject of the tribunals. When we look at the statistics on the outcome of the tribunal hearings, that underlines her point very strongly indeed.

I will make a bit of progress if that is okay. If others wish to seek to intervene, I will take some interventions again later, before the end of my speech. Greater need and inadequate funding are a recipe for disaster, and a disaster is exactly what has happened. In my 10 minutes, I cannot touch on every example of this crisis—

[Ian Lavery (Blyth and Ashington) (Lab)]

Will my hon. Friend give way?

[Richard Burgon]

I will, and then I will make some progress.

[Ian Lavery]

I congratulate my hon. Friend on bringing this really important issue to the Chamber. Does he agree that, despite the huge increase in EHCPs, investment in mainstream and special educational needs schools has been drastically cut? That is having a huge impact, mainly on mainstream schools that are trying to back-fill the provision for special educational needs pupils in our areas. Society is often measured by the way—

[Mr Clive Betts (in the Chair)]

Order. A lot of people are down to speak, so please keep interventions brief.

[Richard Burgon]

My hon. Friend makes his point well and passionately. He is correct; that is what parents and people who work in our schools have been saying to me.

I will highlight some of the most appalling statistics. More than half of SEND pupils have been forced to take time out of school due to a lack of proper provision, and some children are missing years of schooling. Two in three special schools are at or over capacity; there are 4,000 more pupils on roll than the reported capacity. There are eye-watering delays for children to get their education, health and care assessments and plans, and fewer than half of the plans are issued within the 20-week legal limit.

Nearly a third of parents whose children have special needs have had to resort to the legal system to get them the support they need, and many have spent thousands of pounds to do so. Seven out of eight teachers and 99% of school leaders say that SEND resources are insufficient to meet the needs of our children, according to National Education Union and National Association of Head Teachers staff surveys. Councils face huge SEND deficits, which now stand at £3.2 billion but are expected to reach £5 billion by 2026. The core £10,000 sum that special needs schools receive on a per-pupil basis has been frozen since 2013, despite spiralling inflation. That cost them hundreds of millions of pounds last year alone. I could go on and on, but that alone is a damning indictment of the system.

Child neglect is defined as:

“the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development.”

That is what this failure is, and we should be deeply angry that children are being neglected in such a way.

The SEND crisis is part of the wider crisis in education. There are too few teaching assistants, too few educational psychologists, too few special school places, and Sure Starts have been closed. All that and more means that schools are unable to provide the support that children need. It means that effective early interventions are not possible; that can deepen children’s needs with the result that they require more costly support. When schools face such difficulties, talk of bringing more children into mainstream schools, rather than specialist provision, is just empty rhetoric. All that is exacerbated by national curriculum changes, a much more rigid, prescriptive focus to learning and a greater emphasis on performance measures that simply do not provide the flexibility needed for genuinely inclusive education. We cannot solve this crisis by looking at the SEND system in isolation; we have to consider the wider education system as a whole.

[Jen Craft (Thurrock) (Lab)]

My hon. Friend mentions the staffing crisis in the SEND system, but I want to note that there is also a crisis in recruitment and training for teachers of the deaf. From my experience, I know that is a key role for a number of deaf children, particularly in my constituency. There is a real crisis in back-filling those positions and recruiting across councils, particularly at a unitary level. The need for teachers of the deaf is not reflected in those coming through the system, which often results in children not having the resource and help they need to succeed in school.

[Richard Burgon]

My hon. Friend is exactly correct, and I am delighted that she has put on record the contribution of teachers of the deaf and the situation in terms of their recruitment.

The current situation is working for no one; not for children, not for parents, not for teachers, not for children without SEN and not for local authorities. The last Government’s approach pitted parents against local authorities, and they failed to take responsibility. That has created a completely adversarial system, with ever more cases going to tribunal—there were 14,000 cases last year alone, up fourfold since 2014. Parents win in 98% of cases, but it is exhausting and often traumatic for them, as well as a complete waste of money.

Even then, the right support often does not follow. At times, that is due to local authorities being cut to the bone and their lack of effective mechanisms to hold schools to account, especially since academisation. Of course, that is only the tip of the iceberg, as so many parents simply do not have the time, energy or money to undertake legal action. The Government have a duty to end that blame game by addressing the root causes of the crisis: the failed policies that got us here.

As I draw to a close, I want to make a point about increasing attempts to shift the blame to parents, with stories blaming so-called pushy parents, a former Minister accusing parents of abusing the SEND tribunal scheme, and other powerful people calling for parents to make fewer demands.

[Matthew Patrick (Wirral West) (Lab)]

My hon. Friend mentioned that 98% of parents who make an appeal are successful. Does he share my concern that that suggests that parents who should be supported are instead encountering a system that layers uncertainty and stress on an already difficult and stressful situation? On the Wirral, we do not need to see inspection results to know that parents feel failed and let down. Does my hon. Friend believe that we need to do more to support and challenge councils, to ensure that there is a better system for parents and their children who, in a time of need, feel that they are too often met with rejection and failure?

[Richard Burgon]

My hon. Friend makes that point very well on behalf of his constituents in the Wirral, and I completely agree. What a trauma! It is trauma piled upon trauma, as parents are forced through this adversarial system, with all they are going through, struggling to get the best for their children—and the best is what our children need and deserve.

I suspect that the blame game of unfairly calling parents “pushy” was all part of a strategy by some in the last Government to blame the system breakdown on too much demand for special education provision and to claim that that demand must somehow be suppressed rather than met. I fear that those who promoted that view could even have been looking to water down the legal entitlements of children with education, health and care plans. Our new Government need to ensure—as I am sure they will—that that demonising of parents is challenged.

To conclude, the dire picture I have painted today is not inevitable; the system can be fixed and children can get the education they need and deserve. That requires improvements in SEND training for teachers, and special educational needs co-ordinators having time to focus on doing their job. It requires many more support staff in school, which means proper pay. It requires changes to the curriculum and to the way in which our education is so focused on tests and league tables, which means that there is pressure to off-roll SEND pupils. It requires genuine early intervention, including the restoration of Sure Start. It requires the scrapping of the safety valve scheme and the writing-off of local authority debts. And, of course, it requires cash. I note that the f40 group believes that the high needs block alone requires an additional £4.6 billion a year just to prevent the crisis from getting worse.

I know that many hon. Members want to speak today. I am delighted that the new Education Secretary has recognised that there is a crisis in SEND provision, because the first step in solving a crisis is to recognise that there is one. I hope that this exercise—going into this debate, continuing through this debate and following this debate—can be part of getting a grip and turning the page on a situation in which so many children are not getting the support and education they deserve in order to fulfil their potential for a happy life, which is something all our children deserve.

[Mr Clive Betts (in the Chair)]

Obviously, a lot of Members want to get in. We have 40 minutes, so I am going to impose a time limit of three minutes. Please do not take more than one intervention, because that lengthens the time. Interventions should be to the point; they should not be speeches. If you make an intervention, you will not get called to speak as well. Off we go: I call Dr Neil Shastri-Hurst.

15:20

[Dr Neil Shastri-Hurst (Solihull West and Shirley) (Con)]

It is a privilege to speak under your chairmanship today, Mr Betts. I thank the hon. Member for Leeds East (Richard Burgon) for tabling this important debate.

I wish to place on record my gratitude to all the teachers in my constituency for the work they do and—in the spirit of this debate—to the teachers and staff at Hazel Oak and Reynalds Cross, the two maintained special schools in Solihull West and Shirley. I particularly want to single out the parents of children with special educational needs, who often strive so incredibly hard to achieve the best for their children. In January 2022, there were 2,023 Solihull residents with an EHCP—a 16.1% increase on the year before.

[Aphra Brandreth (Chester South and Eddisbury) (Con)]

Despite legislation requiring a final education, health and care plan to be in place within 20 weeks of an initial assessment, Cheshire West and Chester council is putting in place just 6.5% within that time, which is fewer than one in 15 children. Too many children in my constituency are being let down by the Cheshire Labour councils, so I want to highlight the work of the CWaC SEND Accountability group in bringing families together on this issue. Does my hon. Friend agree that a more efficient EHCP system is crucial in delivering for SEND children and their parents?

[Dr Shastri-Hurst]

My hon. Friend is entirely right; the delays in EHCP assessments are a hindrance to a child’s access to the national curriculum. We are failing them by not doing those assessments in a timely manner, and we need to improve on that. I agree with her comments entirely.

A constituent has told me that the nearest school with the necessary facilities for her son is 31 miles away. That means that she and her child have had to settle for a school that is not fully equipped for his needs, simply due to geography. My constituency surgery, like those of other Members, is regularly visited by parents with similar cases. Evidently, the current system is not working.

Therefore, I wish to propose three changes that I believe will lead to a significant improvement for schools and families affected by SEND provision. The first is something that everybody in this room is already leading on: raising awareness of SEND. It is heartening to see so many Members engaging with this topic, and it is only by doing that, and by educating ourselves and others, that we can hope to make a change for the better.

The second is identifying children with special educational needs at an early age, which is vital to maximising their life chances. That is why I would like to see better training and resources provided to teachers to help with earlier detection.

[Anna Dixon (Shipley) (Lab)]

Will the hon. Member give way?

[Dr Shastri-Hurst]

I will not give way, purely because of the amount I have to get through in the time.

Aside from family members, children spend most of their developing lives with their teachers. It is important that the teaching curriculum is sufficiently flexible to enable children to reach their true potential.

I would also like to make special reference to those military families whose children suffer from special educational needs. Having served in the military myself, I know of several families who have encountered adverse effects as a result. With regular school moves, often between different local authorities, there is an inevitable need to reapply for an EHCP, thereby delaying access to the provision that is so desperately needed.

My final request to the Minister comes as no surprise: to achieve all these improvements, it is important that local authorities receive the funding they need. In particular, I ask that my own council receive its fair share of funding, because Solihull council presently takes in SEND children from Birmingham but receives much less funding per pupil. That matter needs to be rectified.

Those three things—awareness, training and funding—will have a real, tangible impact on young people, their families and their life chances.

15:24

[Rachael Maskell (York Central) (Lab/Co-op)]

It is a pleasure to serve with you in the Chair, Mr Betts. What a mess—young people broken by a broken system. The Children and Families Act promised so much, but without people, money and the rest of the system to back it up, it could never deliver. When the wait for the diagnosis is over, the battle for the EHCP is won and masses of resources have been spent, the demand is still not being met. Staff do their very best, but still people are falling out of the system.

I have spent the past year digging deep, looking at the local, the national and the international to bring best practice to this space. I have looked at the environment, the community and the child. On the environment, I say to the Minister, “Go back to the Department and rip up the behaviourist approach to education. It creates a world where neurodiverse children—those with anxiety or mental illness—and even the timid cannot survive.”

Instead, we should adopt a therapeutic, nurturing approach so that all children can thrive. In York, where schools have done so, all gain from recognising the need for every child to be safe, valued and included. It is a happy place where a child will strive for excellence and the whole child will be able to navigate their way through this world, rather than an obstacle course of micro-traumas, stress and anxiety. Let us not build bigger and bigger schools, but create more therapeutic and intimate spaces that belong to the children and where they can thrive. We should bring children out of home schooling, out of their bedrooms, off the streets and back into the classroom. School must be safe for all those children.

We also need to recognise, as the Government do, the failed nature of the curriculum. Let us build space for our brains and our bodies. Are we really shocked that young people are failing when only half of them is engaged? We have cut out arts, music, sports, nature, dance, play, exploration, wonder and fun. Yet all children, especially those with SEND, benefit from that balance.

When I visited Sweden, I went into schools to hear about what they were doing. They brought people into the heart of the school, not prescribing from an EHCP but taking a whole-child and a whole-school approach, using the skills of psychologists, teachers, occupational therapists, physios and speech therapists for all children. Let us recognise that school community and ensure that we value its members. Our teaching assistants do so much of the work, yet their pay is so poor—that must be addressed.

[Anna Dixon]

Will my hon. Friend give way?

[Rachael Maskell]

I am going to continue.

As for parents, I have seen them pushed away and gaslit, when they should instead be integrated into the heart of the school, as they are in Sweden, leading on what their child needs. When it comes to the children themselves, let us review the purpose of education: preparing children for the world today, not breaking and testing them. Children with SEND struggle in that environment just to satisfy the need for data for Governments and to meet different goals. We need every child to flourish, and that is why we need to think again.

15:28

[Dame Caroline Dinenage (Gosport) (Con)]

It is a pleasure to serve under your stewardship, Mr Betts, and I congratulate the hon. Member for Leeds East (Richard Burgon) on securing the debate. I suppose that the best place to start, in the time permitted to me, is the beginning. For a child who needs targeted, tailored support, early identification can make a world of difference, because the impact of failing to spot a child with additional needs can be severe and far-reaching. Early intervention means life-altering adaptations in the way teachers interact and communicate with them and in the way they are supported, reducing the need for EHCPs and one-to-one support and improving academic outcomes, life chances, wellbeing and happiness, which are obviously crucial.

Spotting children with SEND—particularly autistic children and especially autistic girls—can be difficult, and there is insufficient training at the moment to enable teachers to do that. There are around 200,000 autistic children in England. The majority are in mainstream education, but the National Autistic Society reports that, staggeringly, only a quarter feel happy at school. That is why some parents take the drastic step of paying for private education that they can ill afford, because they need education that addresses their child’s needs.

The effect on a neurodivergent child of being in the wrong education setting can be devastating. In March, The Guardian reported that nearly 20,000 autistic children are persistently absent from school, with Ambitious about Autism reporting that four in five of them experience mental health issues.

I have a suggestion for the Minister. According to the National Autistic Society, three quarters of parents said that their child’s school place did not meet their needs. Teachers do a remarkable job, but they need to be equipped with the very best tools and advice to give their pupils the very best possible chance of learning in a happy, safe, well cared-for environment. Currently, only one in seven schoolteachers have received any form of autism training, and 70% of children say school would be better if teachers understood them.

There are not enough SEND school places, but as a Health and Social Care Minister I started work on introducing the Oliver McGowan mandatory training for health and care staff, which the Minister knows about. It equips health and care professionals with the skills, knowledge and understanding of autistic people and those with learning disabilities. It is delivered by autistic people and people with learning disabilities—experts by experience who get paid to do it. It is really effective, with 84% of participants saying they feel more confident in their work. Today, it was shortlisted for an NHS parliamentary award. Will the Minister meet Paula McGowan and look at whether this could assist teachers? Using that training in an educational setting would improve the way in which teaching professionals can support autistic children and those with learning disabilities.

15:31

[Amanda Martin (Portsmouth North) (Lab)]

I thank the hon. Member for Leeds East (Richard Burgon) for securing this vital debate. As a former teacher, I have witnessed everything heard in today’s debate, and I will not need to repeat it. I will make a few points in the time that I have. In my city, like others, we have had a 30% increase in our EHCPs. Somebody mentioned extending the 11 years of provision; at 16, those kids just drop off. What happens to them, and how do we support them?

The EHCP increase has led to a constituent’s child waiting 40 weeks for their EHCP to be turned around, which has left them with no secondary school place in the first week of term. We should be allowing these children to select their secondary school places a year earlier to give them time to transition, meet the staff, and grow their awareness of and engagement with the school community. As I was a teacher before coming into this role, I always look at solutions; that is one of them.

Another solution involves the Government using the resources raised from ending the tax break for private schools to fund evidence-based early speech and language support in our primary schools. We must ensure that Ofsted’s new report card has inclusion as part of the report, so that we can see what our schools are doing. We must ensure that teacher training entitlements and annual CPD—continuing professional development—for all staff in education include SEND. Mental health support should be increased. If we are really going to look at EHCPs, pupils’ records should be kept properly so that they follow them when they move on to their next phase of life, whether that is education or the workplace.

Finally, I want to highlight Trafalgar school in my constituency, which is a fully restorative practice school. We need to look at using innovative projects such as that around the country to let children have an inclusive education that is also inclusive for them personally.

15:33

[Esther McVey (Tatton) (Con)]

I thank the hon. Member for Leeds East (Richard Burgon) for securing this important debate. I know time is tight, so I will keep to a couple of very specific points. One such point is on the Government’s plans to add VAT to private schools and how that will affect SEND provision. My first question to the Minister is this: what impact assessment did the Government carry out, with regard to the VAT changes to private schools, of the effect on children with special educational needs and on SEND school places? If the Government have done an impact assessment, will they publish it, and if they did not, why on earth not? I appreciate that the Minister might not be able to answer that question here and now, but I see the officials are in the room behind her, so I am happy for that to be sent to me.

As I understand it, the Government policy is not to impose VAT on private school places where the school place is allocated on the basis of an EHCP. However, there will be very many children with special educational needs who have not yet secured such a plan, and so VAT will apply.

[Gregory Stafford]

Will my right hon. Friend give way?

[Esther McVey]

Not at the moment.

We know that families have to go through a rigorous set of tests to obtain an EHCP, often ending in an appeal or taking many weeks to be finalised. In those cases where the plan has not been finalised, parents will have to make the difficult decision whether to send their child to an independent school. In those instances there will be a significant uplift in those pupils’ fees—a massive worry for parents. Some will now no longer be able to afford the fees. We can only imagine their guilt and concern. What are they going to do? Will they have to stop their child’s progress at that school? Will the child need to leave that school?

How can it be fair that a child who is delayed in the education, health and care plan process, through no fault of their own, faces VAT costs, while another child who has secured their EHCP in time does not have that burden? Could the Minister explain that unfairness that the Government have now introduced into the system, and whether they plan to put a stop to it as soon as possible? In light of that unfairness, I urge the Government to look at what steps can be taken to reduce the time that the assessments for an EHCP take, more generally.

There are three local authorities in my constituency, all of which consistently go beyond the legal timeframe. I asked Cheshire West SEND accountability group for parents how long the EHCP process takes. Legally, it should take only 20 weeks, but some have waited more than 60 weeks. Anecdotally, they say on average it is taking 30 to 50 weeks—

[Mr Clive Betts (in the Chair)]

Order. I call Sharon Hodgson.

15:36

[Mrs Sharon Hodgson (Washington and Gateshead South) (Lab)]

It is a pleasure to serve under your chairmanship today, Mr Betts. I congratulate my hon. Friend the Member for Leeds East (Richard Burgon) on securing this very important debate.

It has been widely noted that SEND provision came up significantly on the doorsteps during the general election. The statement from the then Conservative Education Secretary earlier this year that SEND provision had reached a crisis point only further reinforced what we already knew—but it was under their watch.

No one wants to say, “I told you so,” but as the shadow Minister during the passage of the Bill that became the Children and Families Act 2014—the Act that brought in education, health and care plans—I did, many times. This crisis is exactly what I, as shadow Minister, along with many from the education, voluntary and charity sectors who supported me with many amendments, all predicted. The crisis we are in now was entirely predictable. It is a damning indictment that, after 14 years in power, this is the state that the Conservatives left SEND provision in.

Between 2019 and 2023, the number of EHCPs issued rose by 72%, but shockingly, dedicated SEND funding only rose by 42%. That is just one stat of many that I could give. The lack of funding, the delays and the de-prioritisation of children with SEND is a stain on our society.

I know from the challenges I face in my own family that the impact on children’s self-confidence, self-esteem and education can be life-changing. I, like many here, have had first-hand experience of the impact that underfunded and disjointed SEND support can have, because my son Joseph is severely dyslexic. His experience opened my eyes and has given me a lifelong passion, throughout my 19 years as an MP, to do something about the challenges that children with SEND experience in accessing support, and the variation in the quality of support that children experience across the country. It really is a postcode lottery.

Joseph was eventually statemented aged 10. I will not go into his journey, but two decades on, children who are now entering the education system are having the same experiences as he did. Nothing has improved. I have had many conversations with the British Dyslexia Association recently—I was chair of the all-party parliamentary group for dyslexia and other specific learning difficulties. One of the reasons that teachers struggle is the lack of training. Due to time I cannot expand on that, but I am sure others will.

15:39

[Victoria Collins (Harpenden and Berkhamsted) (LD)]

I thank the hon. Member for Leeds East (Richard Burgon) for securing such an important debate.

An Ofsted report for Hertfordshire deemed that there were widespread systemic failings in the county, and that the area had not acted with the necessary urgency to address long-standing, systemic and significant weaknesses in the area of special educational needs and disability provision. This is reflected again and again in the heartbreaking stories of families across Harpenden and Berkhamsted being let down by a broken system.

One of my constituents, Charlotte, is a parent to three children, all with EHCPs and complex SEND needs. Being in constant battle mode has become the norm for Charlotte and her family in securing educational support, and it has resulted in her eldest child having to travel almost 100 miles a day to get to school. The emotional wellbeing of Charlotte and her children has taken a toll, and her youngest child has barely attended school since October 2023.

Although progress is being made, there is still much more work to do. We have been let down by not only Conservative-led Hertfordshire county council but a flawed national funding formula inherited from the previous Conservative Government. The formula means that children in Hertfordshire receive far less funding per head than in neighbouring Buckinghamshire. Hertfordshire is the third-lowest-funded authority per head for higher needs funding and would receive £85 million more per annum if funded at the same rate as its neighbour.

[Jess Brown-Fuller (Chichester) (LD)]

With only 3.6% of EHCPs in Conservative-led West Sussex county council being delivered within the statutory 20-week framework, does my hon. Friend agree that funding, which is currently a postcode lottery, needs to be reviewed across the country?

[Victoria Collins]

My hon. Friend took the words right out of my mouth. At the current rate in Hertfordshire it would take 15 years to achieve parity between the two counties. This is a lost generation. A three-year-old in Hertfordshire today with SEND needs would have to finish all their formal education before they would get equal funding to a similar child in Buckinghamshire. The formula has created a postcode lottery for pupils with special educational needs, and it is unacceptable.

Most importantly, we should listen to the experience of local families to truly understand the human cost of the outdated formula. Unfortunately, stories such as Charlotte’s are not isolated cases, as goes for much of what will be shared today. The formula has pushed many families away from their local communities and support networks and into the minefield that is SEND provision. The funding formula must move with the times. It must be updated to reflect the present, increasing demand. So I ask the Minister: when will the Government change the funding formula to reflect the current need?

15:42

[Fred Thomas (Plymouth Moor View) (Lab)]

I thank my hon. Friend the Member for Leeds East (Richard Burgon) for securing this important debate. We have heard from many Members how dire the situation is in their constituencies, but can we for a second celebrate the incredible staff who already put so much effort and passion into the provision they arrange for children? My first visit as an MP was to Mill Ford school in Ernesettle in Plymouth, which supports children and young adults with complex needs. I have to pay tribute to the incredible staff there and congratulate Mill Ford school on recently being rated as “outstanding” by Ofsted.

I am pleased that we are moving away from one-word Ofsted ratings, because it is impossible to capture what Mill Ford does for people in just one word. While visiting Mill Ford, we stopped by their daily singalong in the hall. Pupils from all age groups were having an incredible time, singing in various tunes and volumes and quite literally jumping for joy. It was a fantastic scene. Despite this, huge challenges remain. For example, at that school the corridors are so narrow that two wheelchairs cannot be wheeled past each other.

The situation in Plymouth is similar to that in many hon. Members’ constituencies, but some statistics we have already heard do not match quite how dire it is. In Plymouth, 18.5% of pupils have a SEND need—well above the national figure of 13%. The number of children and young people with an EHCP in Plymouth has increased since 2010 by 125%—more than doubled. We know that there is no quick fix for the crisis in SEND. Special educational needs are complex and wide-ranging, so they require complex and wide-ranging solutions. We need to listen carefully to education professionals, support staff and especially those with lived experience of SEND as we move forward. I am proud that I ran for Parliament on a manifesto that pledged to take a community-wide approach to special educational needs, improving inclusivity in mainstream schools as well as ensuring that special schools are fit for purpose.

[Anna Dixon]

As in my hon. Friend’s constituency, in Shipley the number of pupils with SEND has increased again this year. It is putting huge pressure on our teachers and teaching assistants in mainstream schools. Does he agree that the cuts to school funding under the previous Government have contributed to the problem, and that further steps need to be taken to ensure appropriate training for all our school staff, particularly those in mainstream schools?

[Fred Thomas]

I completely agree with my hon. Friend’s point about the funding cuts. I was going to respond to a point made by the right hon. Member for Tatton (Esther McVey), but I removed it from my contribution due to the time constraints. She asked earlier whether the Government had conducted feasibility studies on the removal of VAT exemptions from private schools. I would respond by asking whether the previous Government, which we had since 2010, conducted feasibility studies on SEND when they made deep cuts to education.

I started by speaking about the fantastic Mill Ford special school in Plymouth Moor View. Expanding capacity at Mill Ford is central to Plymouth city council’s plan to address the SEND crisis, but it is much harder to access funding to replace or rebuild a school than it is to build new schools. Will the Minister commit to working with me to help expand capacity at Plymouth Moor View’s special schools?

15:46

[Claire Young (Thornbury and Yate) (LD)]

I thank the hon. Member for Leeds East (Richard Burgon) for securing this debate. Before I start, I draw attention to my entry in the Register of Members’ Financial Interests, as I am still a South Gloucestershire councillor.

Right across the country, children with special educational needs and disabilities are being let down, and parents are at their wits’ end trying to navigate the system. The SEND funding model is utterly broken, leaving local councils and schools unable to provide the learning environments our children need.

I want to highlight three particular problems. The first relates to the safety valve agreements put in place to support local authorities that are struggling the most to deliver these important services. I know as the former leader of South Gloucestershire council that the targets that were set pre-pandemic fail to reflect the massively rising demand we have faced since, meaning they are no longer fit for purpose and need to be reviewed. I look forward to hearing the Minister outline what steps the Government will take immediately to do that.

Secondly, I want to highlight the punitive approach taken to school absence in this country. If a child’s needs are not being met at school, it can lead to their being unable to attend. Parents who have been fighting hard to get their child the support they need can then face the added burden of threats of fines or even imprisonment—talk about adding insult to injury. Imagine the impact that has on parents who are already under huge stress, who may be under financial pressure due to their employment being affected by their additional caring responsibilities, and who may feel compelled, against all their parental instincts, to physically force their child into a situation that is harming them. Above all, think of the impact on the child, pressured to go into an inappropriate environment and worried that bad things may happen to their parents.

Finally, I want to highlight the increasing use of alternatives to exclusion, such as isolation and temporary moves to other schools—measures that are not recorded and published in the same way exclusions are, and not subject to the same safeguards. A child who is struggling to learn in a classroom with a subject-specialist teacher is highly unlikely to be able to do so when sat in a room with a supervisor and some worksheets. A neurodivergent child who thrives on routine will be distressed by such a change, especially if it involves a move to an unfamiliar school. In some schools the list of behaviour that is sanctioned in this way could easily have been drawn from a diagnostic list for ADHD or autism, so it seems inevitable that children who do not have appropriate support in place will be subject to such sanctions. There needs to be an urgent review of the use of such measures, which can easily go under the radar.

In conclusion, we need action now from the Government to fix these problems before the house of cards comes tumbling down, starting with fixing the funding formula and reviewing all existing safety valve agreements.

15:49

[Peter Swallow (Bracknell) (Lab)]

On Saturday, I joined a group of SEND families in Bracknell to hear their experiences of operating within a broken system. The stories I heard from them, and those I have heard on the doorstep and from Members here today, are heartbreaking. Children are stuck on assessment waiting lists for months longer than they should be. Parents have to juggle work around caring for kids who are off school or find themselves repeatedly excluded because their needs are not being met, and are then left struggling to pay the bills.

There is inadequate provision in mainstream education, and there are far too few state-maintained special schools to meet the demand. As the previous Conservative Education Secretary admitted, the system is “lose, lose, lose”; it is desperately in need of reform.

[Sam Carling (North West Cambridgeshire) (Lab)]

Does my hon. Friend agree that one of the very serious consequences of the issues he is outlining is the problem of non-elective home education, where parents feel forced to take their children out of school entirely and feel they have no option other than to educate them at home? Does he, like me, welcome the measures in the proposed children’s wellbeing Bill that will require local authorities to set up and maintain registers of children not in school so that we get a better sense of the problem?

[Peter Swallow]

Absolutely. I was proud to highlight in my maiden speech the issue of ghost children, who are missing out on education and too often fall off the radar. That is a really important part of the puzzle.

The Government have rightly placed education at the heart of their programme for change and have a national mission to break down the barriers to opportunity for all children. Nobody needs that more than our SEND kids, who face significant barriers to inclusion. This is a question of social mobility. How can we ensure that, no matter a child’s needs or background, they thrive in school and into their adult life?

I could focus on many areas where improvement is desperately needed, but one issue that is raised time and again by the families I have spoken to in Bracknell—it has been raised by Members here today, including the hon. Member for Gosport (Dame Caroline Dinenage) and my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson), and I experienced it in my previous career in education—is the lack of adequate training about SEND in schools, both in initial teacher training and as part of a teacher’s continuing professional development. That is why I was proud to stand on a Labour manifesto that committed to introducing a new teacher training entitlement to give teachers the time they need to learn skills that will help them better support SEND kids. When I was a teacher, time was always the most precious resource. I would like to see the pledge include more targeted support for SENCOs and input from SEND families at all stages.

Let me be clear: there are many more areas where this broken system is in great need of reform, and we have heard many fantastic contributions to that effect today, but if we ensured that more SEND kids were supported within the mainstream system—if they were able to attend school and were not shut out of education—we would reduce the pressure on heavily oversubscribed special schools and would be one step closer to fixing the SEND system and breaking down the barriers for all children.

15:53

[Gregory Stafford (Farnham and Bordon) (Con)]

In Farnham and Bordon, which I proudly represent, we are fortunate to have many excellent special educational schools, such as the Ridgeway school, the Abbey school, More House, Undershaw school and Stepping Stones in Surrey, and Hollywater in Hampshire. However, Surrey is a special case that requires urgent and increased Government action.

Nationally, SEND education affects about 18% of pupils, but in Surrey the figure rises to a staggering 39%—double the national average. Hampshire largely aligns with the national figures, yet both counties face rising demands. Surrey’s situation highlights the need for immediate, targeted intervention from the Government. Although I remain equally committed to supporting SEND pupils and parents in Hampshire, Surrey’s unique pressures cannot be ignored. Those families need more support, not only from their local councils but, crucially, from central Government.

The Conservative Government made significant strides in addressing the challenges. For more than a decade, Conservative Chancellors increased the annual funding to meet the rising demand. Since 2015, we have seen a 283% increase in EHCP agreements, which demonstrates the Government’s responsiveness to the growing number of diagnoses. Despite that progress, there is much more to be done, and the strain on services continues to grow. I have seen the profound impact that early detection and diagnosis can have, particularly in SEND, where identifying needs early is crucial to a child’s long-term success. While local authorities such as Surrey and Hampshire are doing their best, they need more resources to manage the increased demand without delays.

I am deeply concerned by the Government’s decision to raise VAT on independent SEND schools. That policy risks pushing many children who are not funded by local authorities, such as 40% of the children at More House, back into the state sector, which is already struggling with larger class sizes and fewer resources. A 20% increase in fees will be devastating for those families, particularly given the long waiting times for EHCPs. The Government must rethink their VAT strategy for these schools.

Parents in my constituency have shared with me the immense stress and frustration that they face, not just from navigating the system but from the delays that impact their children’s education and wellbeing. These families are already stretched, and the uncertainty takes an untold toll on both the children and their families. There is an urgent need for more trained educational psychologists and special educational needs co-ordinators, and the Government must step up to provide them.

It is also critical that MPs across all parties stop using SEND as a political football, as we have seen recently in Surrey. The blame game helps no one. It only serves to confuse and frustrate parents further. We must work together to provide clear, accurate information and focus on delivering the support that families in Surrey and Hampshire so desperately need. We need action now.

15:56

[Kim Leadbeater (Spen Valley) (Lab)]

I congratulate the hon. Member for Leeds East (Richard Burgon) on securing this important debate.

Support for children with special educational needs and disabilities is an issue that has been raised with me consistently since my election three years ago. In Batley and Spen and now in my new Spen Valley constituency, I have had countless conversations and emails, held roundtables and had meetings with families, headteachers, teachers and teaching assistants, councillors and charities about the anger, frustration and, in many cases, deep trauma they have experienced trying to navigate the broken system that is SEND.

All any of them want to do is get our children and young people the help and support they need and deserve, because, as our new Secretary of State for Education has said, every child should have the support they need and deserve. Instead, we have amazing children and young people being prevented from being the very best that they can be, not enjoying their education, struggling in school and falling behind, which often has a deeply detrimental impact on their mental health and wellbeing.

It is not just the children themselves. I have had parents in tears in my office feeling like they have failed, as they have not been able to get an EHCP for their child. They have given up work so that they can support their child, meaning their own sense of identity and self-worth has suffered, and they feel guilty that they are not contributing to society and the economy. I have had headteachers and staff in schools feeling that it is their fault that they cannot ensure that every child in their care gets the education they deserve. The reality is that they are so desperately under-resourced and the system is so broken that they simply cannot do their jobs in the way that they want.

It is not just schools; as a former college lecturer, I know that there are challenges there too. Colleges are often a lifeline for students with SEND, but, as the association of college lecturers says, there are real challenges in the way that the SEND system fits together through funding and student transitions.

This is just not right. Like with so many other issues, this new Government are having to pick up the pieces of a broken system that is the result of years of schools and local councils being chronically underfunded and under-resourced. The previous Government did not give our education system the care and attention it needed. Ministers were just not listening to the sector and not providing the resources and funding that it so desperately needed.

I have been supporting parents and schools over the last three years. Laura Riach, a mum of two, recently got in touch. Her children are both academically bright, but cannot cope with sensory overload and cannot be in a mainstream school setting that is noisy and bright. The parents are getting very little support to home-educate the children and the situation got so severe that one of the children tried to commit suicide. After battling with the SEND system, they are getting only six hours’ support per child per week, when they should be getting 25 hours.

Many parents have contacted me about this issue. Children are losing vital education and the stories show just how broken the system is. I am very pleased that the new Government have already started to give SEND the care, compassion and understanding that is needed to address the crisis.

[Several hon. Members rose—]

[Mr Clive Betts (in the Chair)]

I will have to move on to the Front-Bench speeches now. I am sorry to disappoint so many people, although it was pretty inevitable. For the information of new Members, I did not call anyone who had not applied to speak in advance, and I tried to take account of the time that they applied when deciding the order in which I called people. That is the only way we can do it, really.

We move on now to the Front-Bench spokespeople, who will have 10 minutes each. If you could leave a little time at the end for the mover of the motion to respond, that would be helpful. I call the Liberal Democrat spokesperson, Munira Wilson.

15:59

[Munira Wilson (Twickenham) (LD)]

It is a pleasure to serve under your chairmanship, Mr Betts. I congratulate the hon. Member for Leeds East (Richard Burgon) and pay tribute to him for securing this incredibly important debate. The fact that it is such a packed Chamber—standing room only—is testament to both the passion with which he set out his case and the stories that we have heard. We have so many new Members, but those of us who have served one, two, three or more terms know that inboxes and postbags are bulging with stories and heartbreaking cases across the country. In the time available, and given the number who wish to speak, I will not do the customary paying of tribute to the various speeches, but I may refer to various contributions as I go. I would particularly like to recognise those new Members who were formerly teachers. It is so good to have more teachers in the House and it is important that we hear their voice. I thank the hon. Member for Plymouth Moor View (Fred Thomas) for paying particular tribute to the hard work of staff up and down the country who have to battle in this system alongside parents and pupils.

As we have heard, too many vulnerable children who should be receiving crucial support to learn, play and thrive are being let down by a system that is broken. According to the latest Government data, more than 1.6 million children in England have a special educational need—that is almost one in five of our pupils. We have heard of the huge growth in the level of demand in the past few years, with the number of pupils with an education, health and care plan growing by almost 12% in the past year alone. More than half a million children are now on EHCPs. Despite the best efforts and dedication of everyone involved in the sector, including teachers, parents and charities, it is clear that services are struggling to keep up with demand. As a result, too many children with SEND are being left behind.

The new Government have an immense challenge on their hands and, for all their rhetoric, education was not a priority for the previous Conservative Government once they were left to their own devices from 2015 onwards. I have no doubt that the shadow Minister today will point to a plethora of announcements on SEND and promises to build special schools in response to the overwhelming and growing need. Actions sadly never met the rhetoric. The evidence is crystal clear, as has been backed up by the stories we have heard from across the House today: we know that parents and children are stuck in an adversarial system, fighting, and waiting many months—sometimes even years— to get the support to which their children are entitled. The previous Government’s own SEND review in 2022 stated that the system was

“failing to deliver for children, young people and their families.”

As we have heard, the former Education Secretary, Gillian Keegan, even described it as “lose, lose, lose”.

We also know that headteachers are at their wits’ end, with teachers and teaching assistants being driven out of the classroom because of the strain on them. Last year, on a visit to Harrogate, my hon. Friend the Member for Harrogate and Knaresborough (Tom Gordon) and I met the SENCO for Coppice Valley primary school, who was leaving because he felt he could not meet the needs of his pupils and provide the support that they deserved. In my own constituency, I have heard about serious safeguarding incidents in schools involving children with SEND who are not getting the support that they desperately need and deserve. It is unfair not only on those particular children, but on the whole class, and it is unfair on the teaching staff who are doing their very best to provide a good education for all.

With school budgets so stretched, I know that many schools are struggling to offer the inclusive education they want to. Many are laying off teaching assistants to deliver the cost savings they need, and it is often those teaching assistants who are providing the support for a child with special educational needs to remain in a mainstream classroom. At the same time, local authorities cannot possibly plug the funding gaps from their own budgets, given the parlous state of council finances.

[Marsha De Cordova (Battersea) (Lab)]

I commend the hon. Lady on the speech she is giving, and she rightly points out the challenges around the laying-off of teaching assistants. Does she agree that in all the reforms that the Government need to look at, we really must not go back to a special schools approach but should always focus on having an inclusive education system with the right support for those children to learn alongside their peers?

[Munira Wilson]

I thank the hon. Member for her intervention and I agree that, where possible, we need to be as inclusive as possible. Equally, there are children whose needs cannot be met in a mainstream setting and we need to have special provision for them—I will touch on that in a moment.

The funding for special needs has fallen so far short of what is needed that local authorities across the country now have a cumulative high needs deficit of approximately £3.15 billion. Many local authorities’ financial viability is being put at risk by these growing deficits. Although the safety valve programme that my hon. Friend the Member for Thornbury and Yate (Claire Young) mentioned, of which my own borough of Richmond upon Thames was an early member, has provided some relief, it is a sticking-plaster solution, kicking the can down the road. Once the agreements run out, those local authorities are projected to start racking up big deficits again.

As well as the cost of providing the support to which children are legally and morally entitled, councils are also seeing their SEND transport bills skyrocket. As my hon. Friend the Member for Harpenden and Berkhamsted (Victoria Collins) pointed out in the case from her constituency, we know that the number of children having to make long journeys has increased by almost a quarter over the past five years. Vulnerable children are having to travel ever further distances because specialist provision is not available locally for many.

Two thirds of all special schools are full or over capacity. The last Government was incredibly slow in building the special schools that they promised, and they turned down many applications from councils to build and open their own SEND schools to make that provision available. Councils face a double whammy: not only are they paying transportation costs, but they are having to buy in private provision.

Many independent SEND schools are brilliant not-for-profit charities, but there is also obscene profiteering from some special schools run by private equity firms, which are bleeding councils up and down the country dry. I hope the Labour Government will look at that because my calls to the Conservative Government fell on deaf ears.

I want to pick up a point made by the right hon. Member for Tatton (Esther McVey) about the many families whose children are not eligible for EHCPs or who cannot face the gauntlet of trying to secure one. They turn to mainstream, small independent schools to better support their child because larger mainstream schools cannot support that need, but those families will be penalised by the new Government’s plan to slap VAT on independent school fees from January. Those who will not be able to afford the additional cost will turn to the state sector, putting more pressure on, as we have heard, a system in crisis.

Furthermore, the proposal to have a VAT exemption for those with EHCPs will incentivise even more parents to apply through the system. I have heard from a constituent just this week who will probably have to do that, which will put yet more pressure on a system that cannot cope with more. I look forward to hearing what the Minister has to say about the 100,000 children who have SEND and are in the independent sector.

All of us recognise that SEND provision is an enormous challenge that will not be resolved overnight despite what the Secretary of State hopes to be able to do. I stand ready to support her in any way I can to make sure that we tackle the issue. The recent Liberal Democrat manifesto set out several ideas that I hope the Minister will look at.

First we propose that a new national body be established for SEND that would be responsible for funding the support of children with very high needs. The national body for SEND would pay for any costs above £25,000 for children with high needs. It would reduce risk for local authorities and help to tackle the postcode lottery that we have heard about.

[Max Wilkinson (Cheltenham) (LD)]

Will my hon. Friend give way on that point?

[Munira Wilson]

I am not sure I have the time; I am so sorry. The national body for SEND would also act as a champion for every child with special needs or disabilities and promote widespread inclusive practice. Additionally, Liberal Democrats would like to see councils funded to reduce the amount that schools pay towards the cost of a child’s education, health and care plan. The current £6,000 threshold acts as a disincentive in the system, which can hinder schools from identifying and establishing a need before it impacts the child’s schooling. We cannot wait for things to go wrong before we fix them.

As the hon. Member for Gosport (Dame Caroline Dinenage) said, early intervention is key. That is why, as we have heard from many Labour Members, boosting training for teachers and for early years practitioners, so that we can identify needs early and support early, is so crucial.

Behind every statistic and case study we have heard about today, there is a child who is struggling, with parents and carers who are under stress. We have a duty to act. Liberal Democrats believe that every child, no matter their needs and background, deserves the opportunity to thrive. I look forward to hearing the Minister’s comments and to working with the Education Secretary to fix our broken SEND system. The children deserve it.

16:05

[James Wild (North West Norfolk) (Con)]

It is a pleasure to serve under your chairmanship, Mr Betts. I congratulate the hon. Member for Leeds East (Richard Burgon) on securing this popular debate. I am pleased to have the opportunity to respond on behalf of the Opposition. The fact that this is the third debate on the same subject in this Chamber this week—the Minister must have a season ticket—underlines the amount of casework that we all have to deal with, as I did in the last Parliament, to help parents and children get the support that they need. That is exactly what this debate is about.

We all want an education system that helps children and young people with SEND to fulfil their potential and live fulfilling lives. I pay tribute to all those working in schools, including my sister who is a SENCO in a Norfolk school, to support those children. Everyone has spoken about demand and the challenges that that is causing, and the pressure on funding. The number of EHCPs and statements of SEN have more than doubled since 2015. In my county of Norfolk there has been a 33% increase in the last five years alone, and my hon. Friend the Member for Farnham and Bordon (Gregory Stafford) referred to the real pressures in Surrey.

In recognition of the growing demand, the last Conservative Government increased the high needs budget to £10.5 billion this year, which is 60% higher than in 2020. To help increase much-needed capacity, £2.6 billion was invested to fund new places and to improve existing provision. Nonetheless, as everyone has heard today, the level of demand continues to grow. It was the need for more consistent support and outcomes that led to the SEND and alternative provision improvement plan published last year. The review came after a long period of discussion with the sector—with parents and schools—to understand what was needed, and it aimed to ensure that every child gets the right support in the right place at the right time. At its core was an attempt to deal with the feeling that parents have to battle a system, which too many of them have, as every MP present knows. The hon. Member for Portsmouth North (Amanda Martin) talked about the challenge of getting EHCPs done in time and had a suggestion about how to address that.

[Mike Amesbury (Runcorn and Helsby) (Lab)]

Under the previous Government, in 2023, 98% of appeals to tribunal were upheld. Does that not demonstrate the utter failure that, under the watch of the previous Government, has created this broken SEND system?

[James Wild]

The hon. Gentleman makes his point. It underlines the need for reform of the system, which is precisely why mediation was part of the proposals that we brought forward.

The reforms were based around national standards so that there was a consistent approach. The first area we were going to bring forward was developing standards for speech and language, which is so important, and improving the timeliness of the EHCP process by introducing a standardised approach. As part of our focus on SEND, the last Government opened 15 new free schools, approved a further 40 and invested in training—which again is so important—for over 5,000 early years SEND practitioners. I know that the Minister is committed to delivering better outcomes, so can she confirm whether the Government have committed to implementing the national standards and the approach that we put forward in those reforms?

Funding in the SEND sector remains a significant challenge, increasing pressure on councils; the recent County Councils Network and Local Government Association report set that out clearly. As other hon. Members have referred to, in government we set out the safety value and delivering better value programmes, which 90 local authorities are involved in. Additionally, the statutory override was introduced to prevent SEND-related deficits from overwhelming council budgets. However, that override is set to expire in March 2026, and without clear direction, local authorities face the prospect of making significant cuts. Can the Minister clarify the Government’s intentions, and whether the statutory override will be extended to give councils the flexibility to work with schools and families to make the necessary changes? Local authorities are also seeing huge pressures from home-to-school transport costs. In Norfolk alone that is £60 million, with more than 80% allocated to SEND pupils. That is money spent on journeys rather than delivering better education, so improving mainstream education and specialist provision closer to where children live is vital.

One of the first of over 40 visits that I undertook in my first term as an MP in my constituency was to Greenpark academy, where the head raised the issue of speech and language therapy and access to therapists, which has been referred to. The Conservative Government made progress in improving access, recognising the long-term benefits of early intervention, but there is still much more to do, which I concede readily. I welcome the Government announcement in July that they will continue the Nuffield early language intervention programme this school year, and I hope that it will continue beyond that. However, there is still considerable disparity of access, so what steps will the Government take to address that, so that every child with speech and language needs gets the support that they deserve?

[Charlie Dewhirst (Bridlington and The Wolds) (Con)]

Does my hon. Friend agree that it is a travesty that a child with SEND in the London borough of Camden receives more than three times the funding of a child with SEND in my constituency? Every child should have access to the same support, funding and opportunity.

[James Wild]

Absolutely. My hon. Friend makes the point that our right hon. Friend the Member for Goole and Pocklington (Sir David Davis) made earlier, as well as in a debate in the previous Parliament. I am sure the Minister will touch on that in her response.

[Shaun Davies]

The LGA and the CCN have assessed that the safety valve is worth about £3 billion. Had the Conservative party stayed in power, what would their solution have been to fill that black hole?

[James Wild]

The hon. Gentleman will be aware from his presence in the Chamber that we did not win the election, so it is for the Government to come forward with what they will do. They are now in power and must take decisions and take responsibility—that is the difference between Opposition and Government.

Finally, I must highlight the impact of the Labour Government’s plans to impose VAT on independent schools from January and what that will mean for SEND provision. More than 100,000 children and young people without an EHCP are educated and receive specialist support in independent schools. My right hon. Friend the Member for Tatton (Esther McVey) made the point well. She highlighted the fact that putting VAT on their fees will disrupt education for thousands of those pupils and place further strain on SEND provision in the state sector. By bringing the changes in partway through the academic year, Labour’s plans seem designed to cause maximum disruption to those children’s learning and to the state school system. Are the Minister and the Government listening to schools and parents, and will they act to ensure that those vulnerable children do not bear the brunt of that policy?

[David Baines (St Helens North) (Lab)]

The hon. Gentleman is talking about disruption to children and their development. Under the previous Government, in the past 10 years, investment in early intervention such as children’s centres fell by about 44%. What effect did he think that had on young children?

[James Wild]

We need to look at such things in the round. We put record amounts into childcare and we have just seen the latest roll-out of our childcare plans, which I think the Government now support, albeit a little sotto voce.

To conclude and to leave the Minister time to respond, there is unity across this Chamber—I hope—about the desire to ensure that the SEND system provides the support and outcomes that children and young people deserve. To help to achieve that, the last Government set out a path of comprehensive reform. It now falls to the new Government to continue to drive improvements, to tackle the challenges set out in this debate by Members from all parties and to deliver the very best for children and their families.

16:18

[The Minister for School Standards (Catherine McKinnell)]

It is an honour to serve under you as Chair, Mr Betts.

I congratulate the hon. Member for Leeds East (Richard Burgon) on securing a debate on this incredibly important subject. The fact that it is so well attended shows how important it is. I pay tribute to all hon. Members who have managed to make their contributions today, ensuring that their constituents’ voices are heard. I would like to be able to respond to all the individual points, but the sheer volume of speakers will make that challenging. I also pay tribute to those present who have prepared speeches but have not been able to deliver them. I know their constituents want their voices to be heard in this debate as well, and I pay tribute to the effort that Members put in to attend and to show such a level of support.

[Catherine Atkinson (Derby North) (Lab)]

Will the Minister give way?

[Catherine McKinnell]

I will give way in a moment.

The strength of feeling on this issue is clear. Most of all, I reassure the Chamber that this Government are absolutely committed to tackling it. It is key to breaking down the barriers to opportunity to give every child the best start in life, and that includes all those with special educational needs and disabilities, to give them the right start in life to have a successful education and to lead happy, healthy and productive lives.

I warn the Chamber that I will not be able to take many interventions, but I will take one from my hon. Friend the Member for Derby North (Catherine Atkinson), who got in so fast.

[Catherine Atkinson]

My constituent, Hayley, wrote on my social media,

“After years of being unheard or ignored, I feel a small sense of relief that this is now being taken to parliament and discussed, even though I understand there is a long way to go”.

I thank the Minister for her speech. Can I share with her, another time, the testimonies of the many constituents who have contacted me ahead of this debate?

[Catherine McKinnell]

I thank my hon. Friend for that intervention. I think she speaks for many here today, and many of those watching this debate as well. We are listening; we are committed; we want to work across the sector and with everyone here in order to turn this around. More than 1.6 million children and young people in England have special educational needs, and we know that, for far too long, too many families have been let down by a system that is not working. As mentioned already, the former Secretary of State for Education described the system as “lose, lose, lose”, and I know there is agreement in this room that that is very much the case.

[Matt Rodda (Reading Central) (Lab)]

I thank my hon. Friend for giving way; she is being very generous with her time. Would she agree that a part of the serious problems in many of our local areas was the delay in building new SEND provision under the previous Government? That certainly had a serious effect in Berkshire, and there are huge pressures on families and vulnerable children in my area. I just wanted to relay that point to her again.

[Catherine McKinnell]

I appreciate my hon. Friend’s concern, and this Government are absolutely committed to strengthening children’s entitlement to excellent provision that meets their needs and that is readily available, locally wherever possible. That is a key focus of any changes that we wish to see made in this area.

[Ashley Dalton (West Lancashire) (Lab)]

Will the Minister give way?

[Catherine McKinnell]

I will—last one!

[Ashley Dalton]

I thank the Minister for giving way. This is an issue that has not been raised enough today: the previous Government’s SEND and alternative provision improvement plan, published just last year, contained no specific proposals for rural communities such as mine. Can the Minister confirm that the Labour Government will consider the specific needs, particularly around access, for SEND pupils in rural areas?

[Catherine McKinnell]

I appreciate the issue my hon. Friend is raising, and I will come on to that, because I appreciate that there have been a lot of comments from Members today on the national funding formula and how it works. I would like to make some progress, so if hon. Members will allow me, there are a number of issues that I would like to respond to, particularly in relation to the hon. Member for Leeds East, who tabled this debate.

Despite the fact that high needs funding for children and young people with complex special educational needs and disabilities is rising to higher and higher levels, confidence in the system is low, tribunal rates are increasing and there are increasingly long waits for support. Far too many children with special educational needs fall behind their peers. They do not reach the expected level in fundamental reading, writing and maths skills, with just one in four pupils achieving expected standards at the end of primary school. That is a system that is “lose, lose, lose”, as the former Education Secretary described. Families are struggling to get their child the support they need and, more importantly, deserve. So many hon. Members have spoken on behalf of families that they represent and demonstrated that struggle today.

After years in which parents have been frustrated by reform programmes being delayed and by promises not being delivered, this Labour Government want to be honest with families. We are absolutely committed to improving inclusivity and expertise in mainstream schools, as well as to ensuring that special schools can cater to those with the most complex needs. We want to restore parents’ trust that their child will get the support that they need to flourish.

We know that early identification and intervention is key to ensuring that the impacts of any special educational need or disability is minimised, or reduced, for the long term. That is why we very quickly announced the continuation of funding for the Nuffield Early Language Intervention—NELI—programme, to make sure that it can continue for 2024-25. We know that early speech and language intervention will help these children and young people to find their voices.

We also know that there are no quick fixes for these deep-rooted issues. After 14 years, I can scarcely see a system that is so broken or in such desperate need of reform. That is why we are absolutely determined to fix it, and we have started work already. It is a priority for this Department to fix our SEND system, but we know that we cannot do it alone. We have to work with the sector and valued partners, and we have to make sure that our approach is fully planned and delivered together with parents, schools, councils and expert staff—we know they are already going above and beyond for our children, but we can do so much better.

As I have already mentioned, many Members have raised concerns about the national funding formula, so the Government acted as quickly as we could to respond to some of the immediate cost pressures in the SEND system. We know that they are causing incredible financial difficulties in some local authorities, so before the parliamentary recess we announced a new core schools budget grant to provide special and alternative provision schools with over £140 million of extra funding in this financial year, to help with the extra costs of the teacher pay award and the outcome of the negotiations about increased pay for support staff as well. That money is in addition to the high needs funding allocation for children and young people with complex special needs and disabilities.

However, despite those record levels of investment, I know that families are still fighting the system, because it is not delivering. The Department for Education’s budget for 2025-26 has not yet been decided, and how much high needs funding is distributed to local authorities, schools and colleges next year will depend on the next stage of the Government’s spending review, due to be announced in October.

That means that the high needs allocations have not been published within the normal timescale, but we are working at pace to announce next year’s funding allocations. We are acutely aware of the pressures that local authorities face, not only because they are supporting the increasing needs of young people and children, but because of the financial pressures that the Government as a whole face because of the economic climate we have inherited.

It will not be easy or quick to solve those problems, but we really want to work on long-term solutions and we want to work together with others on these important issues. That includes looking at the national funding formula. We will take time to consider whether to make changes to it. We will of course consider the impact on any local authorities and, as my hon. Friend the Member for West Lancashire (Ashley Dalton) mentioned, on particular areas that have made representations in relation to the formula.

[Ben Maguire (North Cornwall) (LD)]

Will the Minister give way?

[Catherine McKinnell]

I really am short of time.

On inspection, we welcome the publication of the Big Listen response this week. We want to work with Ofsted to consider how outcomes for children with SEND can better demonstrate inclusion, and we want every school to be driving to be as inclusive as it can be, so that mainstream provision is provided for as many children as possible.

In the interests of fairness, I will give way just one more time.

[Ben Maguire]

I thank the Minister for giving way and for her comments about reviewing the funding formula. May I take this opportunity to urge her to finally address the per-pupil funding deficit for pupils in Cornwall, who receive thousands and thousands of pounds less per pupil than pupils in the rest of the country? I hope she agrees that pupils in Cornwall, including in my North Cornwall constituency, particularly those with special educational needs, are no less valuable than children in other parts of the country.

[Catherine McKinnell]

I will say again and again that we are absolutely committed to ensuring that every child’s entitlement to have the best education possible, in their local area and where they need it, can be delivered under our system.

Nothing says more about the state of our nation than the wellbeing of our children. However, one of the great casualties of the last 14 years has been our children’s wellbeing, their development and their opportunities. Under the last Government, we saw relative child poverty soar, the rates of children presenting with mental health conditions skyrocketing, and more and more children languishing on waiting lists.

It now falls to the Labour Government to rebuild opportunities for our children. That is why we have bold ambitions and why we are determined to deliver on them. I thank hon. Members for bringing this matter forward today and all Members who have contributed to this debate.

However, most of all I want to acknowledge the hard work being done by so many people working in education, health and care who support our children and young people with special educational needs. We know that work is challenging, but we thank them for their commitment and their service.

[Mr Clive Betts (in the Chair)]

I call Richard Burgon to respond—very briefly—to the debate.

16:29

[Richard Burgon]

Thank you, Mr Betts, for calling me to speak, and I thank all hon. Members who have taken part in the debate today. Given that demand to speak has exceeded supply today, I particularly hope that new Members who had written their speeches in advance, but were unable to make them in the debate, will consider publishing them online.

I thank the Minister for her response—her statement of intent. This debate today can only be the beginning. We need to recognise that there is a crisis in SEND provision. We need to ensure that SEND provision is properly financed and funded. We need to ensure that SEND provision is not seen in a silo and that instead there is a holistic approach to it. We also need to move forward, so I hope that we can find more time in the main Chamber to take this debate forward and tackle this challenge.

Question put and agreed to.

Resolved,

That this House has considered SEND provision.

16:30

Sitting adjourned.