SEND Provision: Derbyshire

Wednesday 12th February 2025

(1 week ago)

Commons Chamber
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Motion made, and Question proposed, That this House do now adjourn.—(Gerald Jones.)
18:23
Linsey Farnsworth Portrait Linsey Farnsworth (Amber Valley) (Lab)
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I am grateful for the opportunity to bring forward this debate. I know that the Labour Government have inherited a broken system of special educational needs and disabilities provision—broken by 14 years of Tory under-investment, mismanagement and chaos. Even knowing this, I was shocked by the number of Amber Valley parents and carers who have reached out to me desperate for help. They have been let down by a national SEND system in measured decline and, in Derbyshire, by a county council demonstrating “widespread and/or systemic failings”. SEND provision throughout the country is in a bad state, but in Derbyshire it is at crisis point. This Government are committed to

“breaking down barriers to opportunity”.

Where previous Conservative Governments failed, we will succeed in rebuilding our SEND system and ensuring it is properly funded. In Derbyshire, however, we must go further. Derbyshire county council is failing our children. That is the story I have heard over and over from parents, carers and educators in Amber Valley.

It was therefore no surprise to read of widespread and systemic failings in Ofsted’s damning report on Derbyshire county council’s SEND provision. By the time Ofsted published its findings in November 2024, I had already heard about those failings at first hand through countless emails and surgery appointments. Wanting to get a true picture of the scale of the issue, I conducted a survey on SEND provision in Amber Valley. The results spoke for themselves, with 88% of respondents rating SEND provision in Amber Valley as poor and only 2% saying it was good. Some 83% complained of long waiting times, 81% said that provision in mainstream schools was insufficient, and 70% said that they had experienced problems obtaining an education, health and care plan, which is the first step in accessing support for their child.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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I commend the hon. Lady on bringing this debate forward. I spoke to her beforehand. It is heartbreaking to hear what she is saying about her constituency, and I understand that, but the situation is replicated across this whole great United Kingdom. The number of Members who are here to speak is an indication of how many want to voice their concerns. She is right to talk about those who are waiting. Does she agree that early diagnosis and early intervention are all that really matters? If we can get that done early, we can save a child. It can give a child a future and an opportunity, and it can take the pressure off the parents as well.

Linsey Farnsworth Portrait Linsey Farnsworth
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I thank the hon. Member for his intervention on a matter that I know is close to his heart. He is absolutely right. The delays are a real concern, and diagnosis at an early stage is important, but that is not what we are seeing in Derbyshire. That is the worry.

John Whitby Portrait John Whitby (Derbyshire Dales) (Lab)
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Having read the Ofsted report, it is clear that the SEND operation in Derbyshire county council is in complete chaos, with what appears to be a revolving door of senior officers, unfilled posts, consultants and temporary positions. My constituent Claire tells me that the council is completely unresponsive, and that point about nobody ever getting back to people is a recurring theme. Does my hon. Friend agree that it is imperative that Derbyshire county council gets its act together and starts responding to parents who are in such desperate need?

Linsey Farnsworth Portrait Linsey Farnsworth
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I absolutely agree with my hon. Friend. I think that every Derbyshire MP will testify to the same thing: that phones are not answered and emails go un-responded to. It is not sustainable for this to be the status quo.

So many people in Amber Valley wanted to talk to me about their experience. What was planned as a small, intimate roundtable event soon became a large town hall meeting full of concerned parents, each with a story to tell. From this, a clear picture emerged. Children and young people are being failed at every step in the process. Families are waiting far too long for the education and health assessments to allow them to access the specialist help that they need. As a result, many children are missing significant portions of their education, with some falling out of school altogether. That is all while Derbyshire county council fails to communicate, just as my hon. Friend said.

James Naish Portrait James Naish (Rushcliffe) (Lab)
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As my hon. Friend knows, I represent the nearby constituency of Rushcliffe in Nottinghamshire, where the average waiting time for neurodevelopmental assessments is 54 weeks. That is actually an improvement from a year ago, when it was 68 weeks. Does my hon. Friend agree that a lot of what she is describing is systemic, as has been mentioned, and that this Government need to address it urgently?

Linsey Farnsworth Portrait Linsey Farnsworth
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I absolutely agree with my hon. Friend. The Government need to grip this issue across the country. Unfortunately, we understand his plight only too well in Derbyshire.

Parents and carers talk about barriers at every stage of the process and about how they are “ignored” by an “unresponsive” council. A big part of our challenge in fixing the foundations of SEND provision is, of course, funding. That made it all the more shocking to learn of the SEND budget left unspent by Derbyshire county council. In a debate in the Chamber on 23 April 2024, my hon. Friend the Member for Chesterfield (Mr Perkins) highlighted that of £17.5 million received since 2019, only £1.5 million had been spent. That is nothing short of a scandal—£16 million unspent. That money was specifically allocated to create new school places for children with special educational needs and disabilities.

Derbyshire county council claimed that it could not rush the allocation of the funds, but we are talking about six years—children will have started and ended their secondary school education in that time. What it has managed to spend, however, is about half a million pounds on two consultants for strategic help on children’s services. The families I have spoken to say that, despite that, they have seen no improvement. They say that had the council just engaged with parents, carers and educators, they would have received a wealth of advice for free.

Our children and their families are paying the price. These children are missing education, being labelled as “disruptive” and suffering from poor mental health. While Derbyshire county council was failing to create the new, much-needed and funded SEND places, my constituent Chris Spencer’s son was missing school. Chris told me that his son had been assessed as needing a place in a SEND special school but that none were available. His son was missing out on vital education, making friends and the support he needed. Without a school place, Chris was caring full time for his son at home, making it impossible for him to go to work. He told me:

“I want a job…I want to work, but I can’t”.

Derbyshire county council not only failed to supply Chris’s son with a promised school place but issued him with two fines for non-attendance. The first was withdrawn by the council after I intervened on Chris’s behalf, but the second went to court, where the judge threw out the case. It should not come to this—for an MP and a judge to have to intervene—before anything is done.

I am afraid that that story is just one of dozens. Angie Hardy, another constituent of mine, after years of fighting on behalf of her three sons, each with SEND, was still waiting on an EHCP, an annual review and the much-needed transport that had been promised. As a result, one of her sons has not been able to attend school since February 2022—yet another child missing out on education and the support they need to succeed.

Many other parents talked about resorting to legal challenges. They have found tribunals and judicial reviews not only extremely stressful, but with legal aid solicitors now so hard to come by—another victim of Tory austerity, I am afraid, and one that the Justice Committee, of which I am a member, fully understands—extremely costly. That is a common experience. One mother told me that

“judges are awarding places now, not the local authority”.

Catherine Atkinson Portrait Catherine Atkinson (Derby North) (Lab)
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I have been supporting parents in Derby North who currently face a wait of more than a year for their children’s SEND tribunals, causing agony as they are left in limbo. We know that the historical lack of funding for local authorities, suitable school places and educational psychologists has contributed to the delays. Does my hon. Friend agree that the delays are yet another example of a SEND system that, as the Education Secretary said, had been

“neglected to the point of crisis”?

Linsey Farnsworth Portrait Linsey Farnsworth
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I agree. Crisis—a word that I have already used in this debate—is what we are facing right across the country. I am very concerned about that. In Derbyshire we face that very challenge, as well as all the additional challenges of the systemic problems in the county council.

As high as the legal costs for families can be, the emotional costs are still higher. All parents and carers want the best for their children and I found it impossible not to feel for families who, time and again, talked about being exhausted from constantly fighting: for timely, accurate diagnoses and care plans; for the little provision that is available; and even for the transport needed to get their children to school. Many families are at breaking point. They say that it should not be so hard, and they are right.

The Conservatives at Derbyshire county council have acknowledged the failings and issued an apology. That is a necessary first step, but it is far from sufficient. It has been five months since Ofsted uncovered widespread and systemic failings. Although the council claims to be making improvements, the pace of change is far too slow.

Only two weeks ago, fellow Derbyshire Labour MPs and I met representatives of the National Association of Headteachers. The stories that they told mirrored the frustrations and heartache experienced by the hundreds of parents and carers who have reached out to us in desperation. They told us that they, too, face a daily fight to be heard by Derbyshire county council. Too often, their emails go unanswered, they are made to jump through bureaucratic hoops to access the support that should be in place, and the revolving door of leadership has led to confusion and uncertainty.

While the leaders and the plans might change, we were told say that there have been no tangible improvements. EHCPs, which should be processed within 20 weeks—a long time for any parent to wait—can take more than 50 weeks, as my hon. Friend the Member for Derby North (Catherine Atkinson) said. That is practically a year. Not only do educators not feel confident that their concerns will be heard; they fear petty reprisals. More worrying still, they said that the lack of funding is affecting not only their most vulnerable pupils but all pupils, as class sizes increase and teaching capacity cannot keep up.

Amanda Hack Portrait Amanda Hack (North West Leicestershire) (Lab)
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I thank my hon. Friend for securing this incredibly important debate. My constituency neighbours Derbyshire, and I recently held a roundtable on SEND provision with parents and teachers from schools and colleges. The issue that repeatedly came up was funding, and the disparity in funding not just between schools but across local authority areas. Does my hon. Friend agree that we need consistency of SEND provision across county lines in order to provide good-quality SEND provision for all our children?

Linsey Farnsworth Portrait Linsey Farnsworth
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I agree that we need more consistency. One of the concerns in the Ofsted report just for Derbyshire was that there is no consistency, because of the lack of a clearly defined joint strategy. The support is described by parents as a postcode lottery—we have that problem just within Derbyshire itself.

Teachers are working so hard for the children in their care, but they still feel that they are failing them, through no fault of their own. Schools are relying on the good will of staff just to function. Due to insufficient funding, stress and exhaustion, we are losing amazing teachers who give their all every day. That is the real-life impact of widespread and systemic failings.

Many families still feel helpless, as their children are labelled disruptive and parents’ ability to be a good parent and provide adequate care is called into question. Worst of all, I hear from parents of children, some as young as 12, who have become so desperate that they have considered taking their own lives. These children should be thriving in a stimulating learning environment, enjoying making friends and developing their skills. They should not feel so forgotten and lost that they tell their parents that they want to die.

As I have said, we are at crisis point in Derbyshire. We cannot allow this situation to continue. The children of Derbyshire deserve better; their families deserve better; and we, as Labour MPs, demand better.

I am grateful to the Department for issuing an improvement notice on 14 January, setting out the requirements the Secretary of State has placed on Derbyshire county council to ensure improvements. This decisive action appears to have made the council jump to attention, with its priority impact plan published two weeks later. However, Madam Deputy Speaker, you can understand the scepticism of educators across Derbyshire, given that they have seen it all before, with no fewer than eight plans put in place since 2018. This time must be different. If this Conservative county council cannot or will not make these improvements with the urgency they demand, the voters can replace it with a Labour council that absolutely will.

My fellow Labour Derbyshire MPs and I have promised that as hard as teachers, parents and carers have been fighting, we will fight, too. We are fighting for real change, real accountability and a real commitment to providing the education and support that every child with special educational needs and disabilities deserves. That is our promise, and it is one we intend to keep.

None Portrait Several hon. Members rose—
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Caroline Nokes Portrait Madam Deputy Speaker (Caroline Nokes)
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Order. You can all see that a number of Members wish to contribute this evening. I will just issue a point of clarity: the Adjournment motion will have to be moved again at 7 pm, so whoever is on their feet at that point should be aware that I will interrupt them. It would be a courtesy to fellow Members if you could all restrict your comments to five minutes or so.

18:41
Jon Pearce Portrait Jon Pearce (High Peak) (Lab)
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I start by commending my hon. Friend the Member for Amber Valley (Linsey Farnsworth) for securing this important debate and for her impassioned plea on behalf of the children and families of Derbyshire.

As a dad, I know that parenting is at one and the same time the hardest and most amazing experience we can have. As a society, we must support families better. In High Peak, Derbyshire county council has been failing families on an industrial scale. In every canvassing session and advice surgery I conduct, I invariably meet families struggling to secure the right support for their child with special education needs, such is the scale of the challenge in Derbyshire. The families I have met in my constituency are frustrated, exhausted and angry; they feel they are facing a system that seems to be actively working against them, rather than having their back.

As my hon. Friend said in her speech, Ofsted found that the Conservative-led Derbyshire county council was responsible for widespread and systemic failings in supporting children with special educational needs and their families. Of all the myriad failings of the Derbyshire Conservatives—and there are myriad—the way they have let down children with SEND and their families is the most egregious. It is deeply worrying, but sadly not surprising, as we know that between November 2023 and June 2024, Derbyshire county council paid nearly £350,000 in compensation to families it had failed.

Last week, I visited Whaley Bridge primary school, where more than 40% of the students have special educational needs. I met with the headteacher, Seren Hathway, and the chair of governors, Ian Bingle, and saw for myself the amazing work they do to support children with SEND. If Derbyshire county council had just half the level of commitment and professionalism as Seren, Ian and all the families I have met, we would not be here having this debate today.

James Naish Portrait James Naish
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My hon. Friend referenced a very high percentage—I think 40%. In Nottinghamshire, each month over the past 12 months we have seen a 50% increase in SEND diagnoses in comparison to the year before. Does he agree that more research must be done to understand the relative growth in special educational needs, so we can get to the heart of the issue?

Jon Pearce Portrait Jon Pearce
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Yes, it is vital that we understand what may be driving some needs. At the end of the day, though, this is not a problem of increasing needs, but the result of absolute systemic failings in Derbyshire county council and the system more widely.

I am pleased that the Government are determined to fix this broken system and see that our mission to remove the barriers to opportunity for all our children is achieved. This is a fundamental part of that mission. Ending the years of failure of Derbyshire county council will not be easy. I am determined to work with families in High Peak and with my Derbyshire colleagues to put pressure on Derbyshire county council to finally provide the support our children desperately need.

18:45
Adam Thompson Portrait Adam Thompson (Erewash) (Lab)
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First, I thank my hon. Friend the Member for Amber Valley (Linsey Farnsworth) for securing this extremely important debate.

Put simply, this is an issue I hear about from constituents every single day, as do all my Derbyshire colleagues. In Erewash, SEND families face an uphill battle. Conservative Derbyshire county council has, as we have been hearing about, consistently failed my constituents, as it has failed constituents across the county, causing anxiety and frustration in making any progress on the education and care of our children. We have heard already this evening about the Ofsted report, which confirms what many families in Derbyshire already knew: that SEND provision is failing at almost every level, if not every level.

The issue raised with me repeatedly by my constituents was rightly highlighted in the report: communication between families and the local authority. Emails and phone calls are roundly ignored, meaning that families are not updated. They are left in limbo for months. We heard about the incredible length of time that some families go through to get their EHCP in place. Sometimes it takes years, and that leaves SEND families feeling alone. Indeed, many of my colleagues will be receiving multiple new cases every week. I write to Derbyshire county council multiple times every week to raise these issues.

At a SEND drop-in I held in Erewash I was told of the case of a child who needs specialist education, much like we have heard from colleagues this evening. He was offered a place in a school that was ready and able to provide support. All Derbyshire county council had to do was approve the placement. However, the council took three months to respond and by the time it did, the offer had been closed. The child’s current school put in an emergency review, which again had no response from Derbyshire county council, so it then had to go to mediation. Since the response to mediation, there has been no further progress. The child is still not receiving the required education, having only two days of alternative provision a week. The process is complicated, long, unnecessarily drawn out, and incredibly painful for the children and families involved. To make matters worse, that child and their family have had no fewer than nine case officers over the past several years, an incredible lack of consistency that makes communication between the local authority and the family even more difficult.

Derbyshire has a crisis, as we have heard from multiple colleagues this evening. SEND families are being let down time and time again. Conservative-run Derbyshire county council is failing our most vulnerable children every single day. While Derbyshire now has a Labour representative in every constituency, it is incredibly disappointing that not one Conservative Member of Parliament has joined us this evening to hear about our plight with Derbyshire county council.

I was pleased hear in the Budget that the Government are providing an extra £1 billion towards SEND services. I am also very pleased to hear that the Government will be reviewing SEND services. Evidently these services all over the country, but especially in Derbyshire, need to be reviewed and must be repaired. The Conservatives are responsible for this chaos, but I believe in the power of education to change lives and that all children, regardless of their circumstances, have a fundamental right to an excellent education.

18:49
Natalie Fleet Portrait Natalie Fleet (Bolsover) (Lab)
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Special educational needs provision across Derbyshire is dire. I am thrilled that my hon. Friend the Member for Amber Valley (Linsey Farnsworth) has secured the debate, but I am horrified that special educational needs provision is so awful that it has come to the attention of Parliament. To those who live in Barlborough, Pinxton, Calow, Pleasley or anywhere in between, that is no surprise. A mum from Shirebrook was in tears on the doorstep because her baby had been let down so badly; a teaching assistant in Creswell told me how overwhelmed she was because the demand for resource was so high and the resource available so low; and a little boy in Clowne is self-harming because he just wants to go to school like all his friends.

All those people knew why things were as bad as this. I did not have to tell them. Sixteen million pounds underspent by Conservative-controlled Derbyshire county council: they repeated that to me time and again. This was never about lack of money; it was always about local Conservatives choosing to fail our young people. Bolsover residents knew that the Conservatives at Derbyshire county council had £16 million with which to support them and their little ones, and chose not to spend it.

It is therefore no surprise that Ofsted found widespread and systemic failings, with families waiting too long and feeling ignored, and children missing large amounts of education. Conservative failure has hit Bolsover very hard. One in six pupils there receive SEN support, and far more need it. When I met heads from across Bolsover last year, special educational needs failure was the first issue that they raised. One school had 200 students on the SEND register, but had to park those who did not qualify for additional provision because it did not have the capacity to give those children what they needed. Another had five children who needed a special needs school place but had been unable to obtain one, with one of those children remaining in the nursery class for several years as a result.

A local family moved to Bolsover from Essex, bringing their autistic son’s EHCP with them. Conservative-controlled Derbyshire County Council lost the paperwork. It does not respond to emails and it does not respond to my staff. The six schools consulted said that they could not accommodate the child because they already had too many SEN children on their registers. They do not have enough staff, and they do not have enough resources, so that child has no school place. He has not been at school during the current academic year, and has no tutor allocated. His parents are doing what they can to ensure that he does not fall behind. His mother has turned down two jobs to stay at home and educate him. The parents are angry and frustrated with the council’s lack of communication or concern for their child’s education.

Every one of those stories is a personal tragedy for the people involved. Childhoods are being lost. Family finances are put under strain. Relationships are breaking down. In a battle to help special educational needs children to reach their potential, parents and teachers are hitting a brick wall. A headteacher told me that they thought the Conservative county council saw them as the enemy. When those who care for our babies are made to feel like that, how can our children’s special educational needs ever be met?

Be under no illusion: politics does matter. This is the best example of the difference it makes to all our lives. For Bolsover residents—for Derbyshire residents—this is the negative impact that politics can have. Our children are being failed by Conservative politicians at Derbyshire county council with a £16 million underspend, long waiting lists, failed Ofsted inspections, schools drowning, kids suffering, families in crisis. The Conservatives have had their chance, and they have failed. The only way to change this is for Labour to win control of the county council in May. A Labour Government backed by a Labour county council is our only chance of seeing real improvement in special educational needs provision for Bolsover and beyond.

18:54
Samantha Niblett Portrait Samantha Niblett (South Derbyshire) (Lab)
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I thank my hon. Friend the Member for Amber Valley (Linsey Farnsworth) for securing this crucial Adjournment debate. As she rightly indicates, SEND provision in Derbyshire has reached crisis point. Her point about Conservative-run Derbyshire county council’s unspent SEND funding, and the heartbreaking consequences for families, is sadly all too familiar and echoes so many of the stories brought to me by my own constituents, who are in desperate need of support.

The scale of this issue is staggering. Throughout my election campaign, it was no secret that SEND would be a key issue for me if I was elected. A week after I was elected, I held my first community SEND meeting, which was packed. What I had not expected was that after seven months in office, a third of all my constituency casework would relate to SEND—and the number continues to climb. In my inbox, at my surgeries and on the doorsteps across South Derbyshire, parents tell me heartbreaking stories about the declining mental health of their children, who are out of education or stranded in inappropriate settings. Many parents, including those working in education, describe extreme stress, financial hardship and lost work time as they navigate a broken system. Others who are less familiar with the process find it totally overwhelming. Meanwhile, their children’s mental health deteriorates as they are left without the support they desperately need.

A lack of communication from Derbyshire county council leaves parents feeling unheard and their children forgotten. In some cases, SEND caseworkers have left post without informing families, leaving them emailing outdated contacts in desperation and without response. Gaps in specialist provision mean that many children, particularly those with social, emotional and mental health needs, are not receiving the support they are entitled to.

Under section 19 of the Education Act 1996, if a child is out of school for 15 days or more, the local authority must provide suitable full-time education. My constituents tell me that this is not happening. There is a lack of alternative provision, a lack of tutoring options and a lack of accountability. Despite parents, schools and professionals agreeing that mainstream settings often cannot meet SEND children’s needs, the local authority continues to name unsuitable placements on education, health and care plans. That forces many families into lengthy and costly tribunals that can take over a year to conclude. Valuable placements in appropriate schools are lost due to local authority delays, leaving children stranded and without education.

Consider my constituents Theresa and Nathan. Their daughter has cerebral palsy, autism and attention deficit hyperactivity disorder. Transitioning into mainstream secondary school severely affected her mental health, leading to self-harm and suicidal thoughts. Delays in her EHCP process meant that she lost a place in a suitable special setting. At 14 years old, she is on antidepressants and has remained out of education since January 2024—that is over a year. Theresa, Nathan and their daughter deserve better. The reams of families who contact me for support deserve better, and the countless families across Derbyshire who are fighting to secure the right provision for their children deserve so much better.

James Naish Portrait James Naish
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This Government have made a very clear and welcome commitment to turn 3,000 spare classrooms into nurseries. Does my hon. Friend agree that where demand for nursery support is lower, we could look at alternative ways of using those classrooms to enhance SEND provision at a local level?

Samantha Niblett Portrait Samantha Niblett
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I agree, but frankly it would be great if Derbyshire county council could get the basics right.

Although my team and I will always work constructively with the local authority to right the wrongs endured by SEND children and families across South Derbyshire, the council’s chronic mismanagement of this crisis is indefensible. Schools are struggling, parents are out of work and their children are left without opportunities to thrive. I stand firmly with my hon. Friend and fellow Labour MPs across Derbyshire in holding Conservative-led Derbyshire county council to account and calling on it to spend the millions of pounds in unallocated funding to make this right. The status quo cannot continue.

18:59
Louise Jones Portrait Louise Jones (North East Derbyshire) (Lab)
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I would like to start by thanking all the previous speakers for their heartfelt contributions. It is clear that this is an issue that affects us all, and I thank my hon. Friend the Member for Amber Valley (Linsey Farnsworth) for securing this important debate.

Motion lapsed (Standing Order No. 9(3)).

Motion made, and Question proposed, That this House do now adjourn.—(Gerald Jones.)

Louise Jones Portrait Louise Jones
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Like all the other Members from Derbyshire sitting here today, I have received hundreds of emails on the terrible state of SEND provision in Derbyshire, and hundreds of stories of children and their families being let down by Conservative-led Derbyshire county council. While our wonderful staff members all do their best to help and to deal with these cases, we know that behind every number there is a heart-wrenching story of a family who want the best for their child yet, despite all the love in the world, feel that they are prevented from giving them this.

One of these stories concerns my constituent Lacey, who contacted us in despair over her son Spencer, who suffers from a rare genetic condition called mucopolysaccharidosis type 6, or MPS. The condition, which affects every bone and organ in Spencer’s body, means that he has special educational needs. He was meant to start secondary school in September—an exciting time for any young person. The family were looking forward to buying his first-ever secondary school uniform and taking the big photo outside his family home for his first day at big school. Devastatingly, this did not happen. In June his family were told the news that his chosen school had no place for him and that, even worse, there was not a single SEND place suitable for him available in Derbyshire at all. This is a failure of planning.

The issue here is clear: it is Derbyshire county council that has failed. Members do not have to take my word for it; as we have already heard, Ofsted said in its inspection just last year that there were widespread and systemic failures leading to significant concerns, making it one of the worst in the country. I want to put on record just how serious the situation has become in Derbyshire. We know that SEND provision all across the country has been struggling in general, but it is clear that there are other factors at play in Derbyshire to result in such a dire finding. The Ofsted report made it clear that this was the result of several years of uncertainty at Derbyshire, with senior posts unfilled or filled by interim and contract staff. Shockingly, some senior staff were not present for the inspection itself.

Clearly there has been a failure of leadership for several years now by the Conservative leadership of the council, and the Conservative cabinet member for education in not gripping the problem or realising what it takes to deliver a long-term plan. Instead, they have been too content to let consultants provide them with shiny PowerPoints instead of delivering real change for our constituents. We desperately need real change at Derbyshire county council, because for as long as the Conservatives are in control of the council, I fear that the situation will not improve. I will not throw my hands up and say, “Oh, it is what it is. SEND is difficult everywhere.” Like my colleagues, I would like to say to my constituents who are worried about the challenges facing their children, “I will never stop fighting.” We will never stop fighting and standing up for those children, to get the education they need and deserve.

19:03
Jonathan Davies Portrait Jonathan Davies (Mid Derbyshire) (Lab)
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I want to thank my hon. Friend and constituency neighbour, the Member for Amber Valley (Linsey Farnsworth), for securing this important debate for us tonight, because whether you are young or old in Derbyshire, it feels like you have a county council that is not on your side. SEND makes up a big amount of my postbag, as does the decision to consider closing the Ada Belfield care home in my constituency, which is greatly valued across the community for its quality and safety, and for its kind, compassionate, person-centred care. That is a concern to many local people as well. We have a widespread selection of issues in Derbyshire for which the county council is responsible.

I read with interest, although not surprise, the Ofsted report that was published just before Christmas. As colleagues have said, it identified widespread and systemic failings in the SEND provision in Derbyshire, and I have to say that it was not a surprise to read that report. That is what local people had been telling me for quite some time, but I think the report gave them a sense of vindication. Up to that point, they were almost feeling that maybe it was them, maybe they did not understand or appreciate the situation, or maybe they were the only one. But that report gave local people a sense that they were not alone. There are many people in Mid Derbyshire and right across the county who are held back by the situation with our special educational needs provision in the county.

I spent a little time thinking about how we got here. Colleagues have rightly said that the council made strategic choices—political choices—that meant the service it was providing was not effective enough. We have heard that the council did not spend £16 million of the money it had to support our children and young people with special educational needs, and I find that level of incompetence absolutely staggering.

I am conscious that councils across the country, not just Derbyshire county council, have faced a decade and a half of the most appalling funding cuts. Derbyshire county council’s budget was around £1 billion a year in 2010, which is around £1.5 billion in today’s money. I understand that today its budget is £780 million, so around half of what it was in real terms.

We know from the SEND report that there probably has not been enough integration between the NHS and the county council on this issue. One good thing the last Government did was to set up the integrated care boards, as well as the integrated care partnerships that oversee those boards. I was proud to sit on the Derby and Derbyshire integrated care partnership prior to my election to this place. Some good work came through, but understandably, given the state of the NHS, primary and acute care took up most of the body’s time.

I would like the integrated care board and the integrated care partnership to spend more time on the wider determinants of people’s health, particularly people with disabilities and long-term conditions. As the Government’s plan for change is implemented, I hope we will see acute and primary care restored to where they should be, so that local NHS leaders have more time to support SEND provision.

The Government are making a significant investment in local authorities, and I was pleased to learn earlier this month that we will be providing more than £69 billion of funding to councils, which represents a 6.8% cash terms increase in core spending powers. We also have £2.3 billion coming for schools, including £1 billion for SEND. Aspects of the autumn Budget were truly remarkable and laid the foundations for rebuilding public services and giving our children and young people opportunities in life.

I am sorry to say that some have used our Children’s Wellbeing and Schools Bill to talk about another sinister issue in society, but that Bill will give a real boost to children and young people in Derbyshire’s schools, particularly through the breakfast clubs. I ask the Minister to make sure that children who benefit from home-to-school transport are able to attend and participate in those breakfast clubs.

I did not want to come to this debate just to outline a situation that our residents know about, and that we all know about from our constituency postbags; I also wanted to outline solutions for the council. This Government are responding to councils’ needs and investing money in our children and young people, and now we need Derbyshire county council’s leaders to take that forward. If they cannot, they will have to step aside at the next election and allow a new leadership to do so.

19:08
Catherine McKinnell Portrait The Minister for School Standards (Catherine McKinnell)
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I congratulate my hon. Friend the Member for Amber Valley (Linsey Farnsworth) on securing an Adjournment debate on this important subject, and on her powerful and heartfelt speech. I know that she, like all Labour Members here today, has a real interest in and passion for supporting families in her constituency who are navigating the special educational needs and disabilities system, and all the challenges that clearly presents.

I thank everyone who has contributed to this debate. I thank my hon. Friends the Members for Derbyshire Dales (John Whitby), for Derby North (Catherine Atkinson), for North West Leicestershire (Amanda Hack) and for Rushcliffe (James Naish) for their interventions, and I thank my hon. Friends the Members for High Peak (Jon Pearce), for Erewash (Adam Thompson), for South Derbyshire (Samantha Niblett), for Bolsover (Natalie Fleet), for North East Derbyshire (Louise Jones) and for Mid Derbyshire (Jonathan Davies) for their powerful speeches. Hon. Members have spoken incredibly powerfully for their constituents, and they are very much heard.

As hon. Members recognise, improving the special educational needs and disabilities system across the country is a priority for the Government. We want all children to receive the right support to succeed in their education, and to lead happy, healthy and productive adult lives. Every child, regardless of their individual needs, deserves the opportunity to achieve, thrive and succeed. At the moment, we know far too many children are not being given that chance, and far too many families have been let down, year on year, by a system that is not meeting those needs.

Over 1.6 million children and young people in England have special educational needs, a figure that is increasing year on year, with more children requiring SEND support, and even more children and young people being identified as having a specific need that requires an education, health and care plan. As the Education Secretary mentioned in her keynote speech at the Centre for Social Justice just last week, the recognition of those additional needs and the debate around how we support children with SEND is a sign of progress, but clearly there is much more to do.

Jonathan Davies Portrait Jonathan Davies
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One of the reasons the county council has got into this mess is because it was around a decade since Ofsted’s previous inspection of its SEND provision. When I approached Ofsted, officials said the reason is that that was what Ofsted had been contracted to do by the Government. We need more agile regulation, as we discussed on the Second Reading of the Data (Use and Access) Bill today, but does the Minister have plans to look at Ofsted’s regulatory model and the frequency with which it inspects? If the provision in Derbyshire had been inspected earlier, we might have less of a problem to deal with now.

Catherine McKinnell Portrait Catherine McKinnell
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My hon. Friend raises an important point. We are looking across the system at how to reform it to make it better for families and for children who experience the need for additional support, and to improve outcomes. To assess all those issues, we need an inspection and accountability framework that drives improvements. I will come to the specific issues raised in the inspection of Derbyshire county council. It was inspected under a new inspection framework that threw significant light on the current situation, as exemplified by the various heartbreaking stories hon. Members have shared today.

Improving the SEND system is a vital part of the Government’s opportunity mission. We are determined to break the unfair link between background and opportunity by giving every child with SEND, along with all other children, the best start in life. We are prioritising early intervention and inclusive provision in mainstream settings, as we know that early intervention prevents unmet needs from escalating. That will support all children and young people to achieve their goals alongside their peers.

We know it takes a vast workforce, from teachers to teaching assistants, early years educators to allied health professionals, to help all children to achieve and thrive. We are investing in each of those areas to improve outcomes and experiences across the country. We are committed to working with the sector and our partners to ensure that our approach is fully planned and delivered in partnership.

We have already begun the work by appointing a strategic adviser on SEND to engage with sector leaders, practitioners, children and families. We have established an expert advisory group for inclusion, to improve the mainstream education outcomes and experiences for those with SEND, and we have set up a neurodivergence task-and-finish group to provide a shared understanding of what provision and support in mainstream educational settings should look like for neurodivergent children and young people within an inclusive system.

My hon. Friend the Member for Amber Valley understandably raised concerns about education health and care plan timelines. The plans have significantly increased in number, year on year, since their introduction in 2014, with nearly 600,000 children and young people with an EHCP as of January last year. Over time, flaws and a lack of capacity in the system to meet lower-level need have added additional strain on specialist services, and that has had a detrimental impact on the experience of those accessing the EHCP process. There has been late identification of need and intervention, low parental confidence in the ability of mainstream settings to meet that need, inefficient allocation of resources across the system, and inconsistency in practice and provision based on location. Hon. Members have expressed the particular challenges in Derbyshire that have clearly manifested over many years. Those have all contributed to pushing up costs and have created an increasingly unsustainable system.

The latest data shows that in 2023, just 50.3% of EHCPs were issued within the 20-week statutory timeframe. That is leaving young people and their families without appropriate and adequate support. The Government want to ensure that EHC needs assessments are progressed promptly and plans are issued so that children and young people get the support they need to help them achieve positive outcomes. We know that local authorities have been struggling to meet the increased demand for EHCPs, so we are constantly working with them to improve those response times.

The Government are acutely aware of the challenges that families face in accessing the support their children need—and actually, of how adversarial the EHCP process can be. Independently commissioned insights that we published last year showed that if we can get those extensive improvements to the system, if we can use early intervention better and if we can better resource mainstream schools, that will have a significant impact. More children will have their needs met without having to even go through an education, health and care plan process, because their needs will be met in a mainstream setting with their peers. We are listening to parents, local authority colleagues and partners right across education and, as hon. Members have rightly identified, across health and social care, because we need to work out how to address and improve the experience of the EHCP process for families, and reflect on how we can roll out practice that will be more consistent nationally.

Every child and young person should have access to high-quality services to set them up for life, for work and for the future, and local authorities and their partners are key to ensuring that children can access the support they need. Ofsted and the Care Quality Commission jointly inspected Derbyshire in September 2024 and found widespread and systemic failings. That led to significant concerns about the experiences and outcomes of children and young people with SEND across the county of Derbyshire. The published report made it clear that the local area partnership, which consists of the local authority and the integrated care board, must address those concerns urgently and identified six areas for priority action. As a result of the inspection, His Majesty’s chief inspector required the local area partnership to prepare and submit a priority action plan to address the identified areas.

A team has been put in place to track those outcomes against the action plan. Progress is being monitored and the Department for Education has appointed a SEND adviser to work collaboratively with an NHS England adviser to challenge, support and work with Derbyshire county council and the integrated care board to drive those improvements. I am sure that that is good news for hon. Members to hear, but clearly that progress needs to be made as quickly as possible, because as hon. Members rightly set out, families cannot wait any longer for the support they need.

We absolutely want more children and young people to receive the support they need, and ideally to thrive in their local mainstream settings with their peers, so that they do not need to travel long distances to find specialist places that can accommodate them and they can have their needs met with their friends in their local school. We know that many mainstream settings already go above and beyond to deliver that specialist provision locally through resource provision and SEN units, and we know as well that there will always be a place for special schools and colleges for children and young people who have the most complex needs. It is vital that we see the investment that is needed to create the new places in mainstream and special schools and in specialist settings. That is why we have announced £740 million of high needs capital for 2025-26. We will set out those allocations to local authorities in due course.

Hon. Members have raised concerns about the underspend in Derbyshire county council and we really need to see that money invested in those specialist places, whether in mainstream or special schools, to make sure that places are available with the support that children need. The Government are absolutely committed to working with Derbyshire county council, and with school leaders and sector partners locally and nationally, to develop and improve the inclusive education within mainstream settings that every child deserves.

James Naish Portrait James Naish
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I thank the Minister for speaking so clearly on this important issue. On the intervention I made earlier about empty classrooms, we are seeing in Nottinghamshire that there is not the demand for nursery places that there desperately is in other parts of the country. Does the Department have any appetite to think about how those spaces could be used to try to deal with the issue we are talking about today?

Catherine McKinnell Portrait Catherine McKinnell
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My hon. Friend raises a really important point that manifests itself in many parts of the country: we have a shift in demographics and, as he identifies, early years places are opening up more quickly in some parts of the country than in others. That is why the Secretary of State announced the funding to create early years places in particular, but it is also why we have this capital funding that will be allocated to local authorities so we can utilise all the available space to make sure that we can provide these specialist places. Obviously we want local authorities to be able to apply the funding in the way that will best meet the needs in their local area. That might mean repurposing space to create a specialist unit within a mainstream school, creating a more accessible space within a mainstream school or creating specialist places in whatever way a school is able to. If a local authority is able to support them, that funding will be available to create those spaces. My hon. Friend is absolutely right to draw attention to that.

I thank my hon. Friend the Member for Amber Valley for bringing this debate forward. Members here tonight are clearly very grateful for the opportunity to air their constituents’ concerns and for this issue to be highlighted, and it is absolutely right that it is, because SEND outcomes in Derbyshire and nationally are an issue we all care passionately about. I acknowledge the challenges that far too many families face when seeking to secure the right support for their children with special educational needs and disabilities, and that the system absolutely needs to improve, and we are determined to make progress and to make the change.

I want to conclude, as always, by recognising all those who work in our education, health and care systems in the interests of our children and young people with special educational needs and disabilities, in Derbyshire and right across the country. We need to deliver the very best for all of our children and young people, including those with SEND. We need to give them the very best start in life, and prepare them for life, work and the future. I thank all who work to deliver that tirelessly day in, day out. Despite the challenges set out tonight, I am confident that together, with determination, we can see that change.

Question put and agreed to.

19:23
House adjourned.