Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Baroness Browning and Lord Howarth of Newport

Wednesday 18th January 2012 Lords Chamber

[Lord Howarth of Newport]

My Lords, special educational needs is a particularly tortuous and difficult area of administration and, equally, for negotiation and representation. Young people with special educational needs are almost by definition ill equipped to represent themselves and to handle these difficult challenges on their own behalf. The system, at least in so far as children with special educational needs are concerned, provides very fully developed support, but there is something of a cliff edge beyond the period during which children are eligible for statements. While, admirably, the Government are seeking to improve the structure and quality of provision for special educational needs later on, it seems particularly unfortunate if, in this important area, they are to take away help for the very people they are otherwise seeking to improve their support for. Therefore, I hope that the Minister will find it possible to look sympathetically on the amendment in the name of the noble Lord, Lord Thomas, which was so well moved by the noble Lord, Lord Clement-Jones.

[Baroness Browning]

My Lords, I, too, support this amendment. My noble friend has exchanged correspondence with me on this matter. I support the points that have been made on the necessity to take into account the ability to obtain legal aid up to the age of 25, particularly for children with special needs. As my noble friend will be aware, the Young People’s Learning Agency, which took over from the Learning and Skills Council, has an obligation to meet the special needs of those who have not attained 25 years of age. Although the agency is being phased out, a general educational obligation will remain unless this Bill closes that gap. As my noble friend knows, if this is not dealt with, the alternative would be to bring cases under the Disability Discrimination Act, which is a very disruptive route for young people and their carers to have to go down. Therefore, I hope that this is just an anomaly and an oversight between two different government departments and that my noble friend will be able to reassure the House today.