Special Needs Schools

Baroness Barran Excerpts

Thursday 24th October 2024 Lords Chamber

[Baroness Barran (Con)]

My Lords, I congratulate my noble friend Lady Monckton of Dallington Forest on securing this important debate, on the truly dignified way in which she made her remarks and on combining such practical examples with deep expertise and understanding of this topic.

This has been an excellent and wide-ranging debate. We have heard from across the House that every one of your Lordships wants an education system that helps all children and young people with special educational needs and disabilities to thrive, fulfil their potential and lead fulfilling lives, whether they are in special schools or mainstream education. We recognise the important role played by our special colleges, which support young people with special educational needs both academically and in order to make the transition to more independent living, to reduce isolation, as the noble Baroness, Lady Morris of Yardley, pointed out, and indeed to remove stigma, as we have just heard from the noble Lord, Lord Addington.

We have heard this afternoon that, as we knew before we came into the Chamber, this sector faces many challenges. Perhaps the most immediate that we heard in the debate, from all noble Lords, is the rising demand for specialist provision and the pressures that places on funding. It was in recognition of that growing need that the last Conservative Government increased the high-needs budget to £10.5 billion in 2024-25, which was a 60% increase on the figure in 2019-20. To help to increase capacity, £2.6 billion is being invested from 2022 to 2025 to fund new specialist places and improve existing provision. When complete, that investment in special schools will provide an additional 60,000 places.

As we all know, though, the level of need continues to outstrip that, with real consequences for parents who are looking for a place for their children, and for their children. It was the lack of consistent support and outcomes that led to the development of the SEND and Alternative Provision Improvement Plan that we published last year, which was designed to ensure high-quality early support for every child regardless of where they live. At its core was an attempt to deal with the feeling that too many parents are having to battle with the system to get help, that too many parents have lost trust in the system, that we are not offering them the confidence that their children can realise their potential and, as my noble friend Lord Jamieson said, that the system needs to be on a financially sustainable footing.

There are two key areas within that, so that children can get the right support in the right place and at the right time. One is about having a national system with national standards to deliver consistent, clear and early support. The second is about moves to improve the timeliness and quality of education, health and care plans by adopting a standardised and digitised template to deal with some of the burden and stress that parents face, as we have heard, when they try to make those applications. It would be reassuring if the Minister could just comment on whether the Government plan to continue with those two initiatives, particularly given the level of consultation that underpinned those decisions.

The pressures that we are seeing on special schools, many of which we know are operating over capacity, also make the Government’s proposal to impose VAT on independent schools from 1 January 2025 even more misguided. We know that around 100,000 children and young people without an EHCP receive specialist SEND support in independent schools. Putting VAT on their fees risks disrupting their education, particularly as it is being in brought part-way through the school year.

As the Minister knows, on these Benches we think the Government should drop this policy in its entirety or, at the very least, delay it. But I suggest the Government should look at a particular area: the position of the 130 specialist FE colleges that provide training for young people with complex needs. As the noble Baroness, Lady Wolf, and my noble friend Lady Monckton pointed out, all of their students are publicly funded through the high needs system. If these colleges are required to charge VAT, the purchasing local authority would simply reclaim it, resulting in no actual financial benefit to the public purse but considerable bureaucracy. I would be grateful if the Minister would consider reviewing that.

We know that our special schools and colleges perform a crucial role but it is also the case that the relationship between special school and mainstream provision is important, as we heard in particular from the right reverend Prelate the Bishop of Lincoln. We are concerned that the demand pressures that have built up in recent years, which were also highlighted in the National Audit Office report today, are leading to other impacts, including a worrying increase in the number of home-educated children with special educational needs. I know that the noble Lord, Lord Storey, who is not in his place, and the Minister have plans for legislation in this area. I look forward very much to those debates.

We support the principle of assuring that all children receive a suitable education. More broadly, we look forward to hearing more from the Government in the coming months about how they will improve their use of data in this area, as also recommended in the NAO report, in predicting changes in demand for special educational needs and disability provision, and how they will build on some of the excellent work which officials had already started, to ensure that expansions in capacity are done in the right place.

There is one topic which I think has not come up in your Lordships’ debate this afternoon, which is alternative provision. The previous Government intentionally brought together our strategies for children with special educational needs and disabilities with those in alternative provision, given the very high incidence of special educational needs among those children. In fact, my first visit as a Minister was to a school near Bristol for children who had been excluded from other schools. Some were as young as five and it was clear that they needed many things from the system, but two stayed with me.

First, for very young children, it seems obvious that they need a clear route to return to mainstream education. All children should have access to integrated care teams so that all their wider needs can be met and again, where possible, they can return to mainstream. My understanding is that there were some encouraging results from the DfE’s specialist task force pilot—only the DfE could come up with that name—where there was a multiagency response for those children. I would encourage the Minister to consider continuing with that.

To conclude, there is unity in this House about the desire to ensure that the SEND system works better and provides the support and outcomes that children and people with special educational needs and disabilities deserve. I think we are also in agreement that this is one of the hardest areas of policy to get right—although I was encouraged by my noble friend Lord Jamieson’s remarks in this regard. I would like to reassure the Minister that, in opposition, we will work constructively with the Government to try to get this right for children and their families.