Children with Special Educational Needs and Disabilities
Baroness Monckton of Dallington Forest Excerpts(1 week, 4 days ago)
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Baroness Monckton of Dallington Forest (Con)
My Lords, I declare my interest as set out in the register. I thank my noble friend Lady Fraser of Craigmaddie for securing this important debate.
I make no apologies for the fact that my contribution is going to be based around the education tax. The Government’s impact assessment on levying VAT on private education noted that state schools have statutory duties to provide the correct level of support for SEN pupils. How do the Government propose to do this, given that many of the schools are in financial deficit with stretched resources? As I understand it, the £740 million announced two weeks ago will mostly be for buildings and accessibility in mainstream schools. But what about people with learning disabilities? Who will recruit and train the teachers? Where would we find the speech and language therapists, the occupational therapists and the educational psychologists?
What will happen to the large number of pupils with SEN and without EHCPs who attend private schools and who—I agree with my noble friend Lord Shinkwin—will no longer be able to afford the fees? Many of those pupils have migrated from the state sector for smaller class sizes and to avoid the overwhelming impact of noise and chaos in school corridors.
We are not talking about rich parents; we are talking about parents who can see the difference this makes to their children, and who have found a lack of individual support and teaching assistant capacity in the state sector. We are talking about families where both parents are working in order to pay the fees—parents who have made enormous sacrifices to create the best possible opportunities for their children.
An example of this is a school close to us in east Sussex, which both my daughters attended. It has a pupil on the autistic spectrum who does not have an EHCP. He also needs an individual learning assistant. His parents cannot afford the VAT and the assistant. They are having to pull their son out of the school where he has thrived. They are going to home-school him. They do not consider this a choice; they have no choice. All they want to do is what is best for their son.
I have heard that parents will be making cutbacks and compromises in their budgeting on holidays, the weekly food shop and clothing rather than give up on such private education. Again, many of those people have come from the state sector because it could not cope with their children’s needs. This will lead to further pastoral concern for the well-being of these young people and their families. As Rachael Maskell, the Labour MP for York Central, has written:
“When I heard of parents remortgaging their homes and working three minimum-wage jobs to access an environment which the child could engage, placing VAT on fees was a step too far … private schools have become … the safety net for children struggling, melting and breaking”.
To remove this safety net from parents who face exhausting struggles daily to provide the best opportunities for their children demonstrates a lamentable ignorance and a failure to think deeply enough about what life is like as a parent of a disabled child. If the Government would like more enlightenment, I would be only too happy to help.
Special Needs Schools
Baroness Monckton of Dallington Forest Excerpts(1 month, 3 weeks ago)
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Baroness Monckton of Dallington Forest
That this House takes note of the contribution that special needs schools and specialist education colleges make to the education sector.
Baroness Monckton of Dallington Forest (Con)
My Lords, I declare my interest as set out in the register. It is a privilege to lead this debate on a subject that concerns me both personally and professionally. Team Domenica, the charity that I started in my daughter’s name, is, among other things, a specialist further education institution which provides training for students with learning disabilities, with the aim of transforming their lives through paid employment.
The 130 specialist further education colleges typically cater for people with more complex disabilities, whose needs cannot be met in a mainstream setting. However, there is no definition of such needs. The needs of my daughter, Domenica, as a young woman with Down’s syndrome would not necessarily be described as complex, but she is one of a large cohort for whom a mainstream setting cannot be reasonably adjusted.
Large general further education colleges, typically with over 3,500 students, are not always the best environments for these individuals. These colleges, incorporated under the 1992 education Act, were reclassified by the Office for National Statistics in 2022 as public sector bodies, and as such are out of scope of the pernicious new VAT policy, a tax on learning that we have never known in this country. However, specialist further education colleges are being treated as private schools, although all the students have an EHC plan and are therefore publicly funded. Yet these colleges will still be liable for VAT if they have pupils aged 16. As I have stated previously in your Lordships’ House, I hope that this is just an oversight and one that can be remedied as soon as possible.
Several of our candidates at Team Domenica have come from mainstream settings. One of them said: “At Team Domenica, I am treated fairly with respect—more like an adult. I used to fret a lot at the last place. I don’t feel that here”. One of our parents wrote: “When my daughter started with you she needed one-to-one support, but now she is a very much more independent young lady. She has learnt to fail without feeling like a failure, so if she doesn’t meet a target she tries again and again and again, and eventually she does reach the target. It has been an incredible journey”.
These specialist colleges, which offer a holistic approach, are such an important part of the education system but are all too frequently seen as an expensive adjunct. The alternative for this disfranchised group is a world of isolation. Institutions such as ours give them a chance to emerge from that bleak prospect.
Some of the larger general further education colleges cater for more than 3,000 students with special educational needs. They do a wonderful job. However, they are coming under increasing pressure to take students whose needs they cannot meet, which is a misuse of the duty to admit. Students are being placed against the advice of these colleges, as there are behaviours that the colleges know they will not be able to deal with. These decisions are bad all round. They are bad for the college but, of course, they are particularly bad for the young people involved.
The Government tend to have a focus on the general further education colleges, often to the exclusion of other types of provision. This can be frustrating. We see this in the apprenticeship sector, where around 70% of the provision comes from private training providers yet they are frequently overlooked in policy discussions. I emphasise the role that specialist independent institutions play, and point out that general further education colleges cannot, as they themselves admit, meet all the needs. Of course we need both: an inclusive mainstream and a thriving specialist sector.
I suggest that specialist colleges not only contribute to the education sector but play a critical role in the skills agenda, particularly in supporting people into employment. One area of concern is apprenticeship access. SEN students who are capable of and keen to pursue apprenticeships can be disadvantaged by their requirement to achieve a level 1 in maths and English. These subjects used to be embedded in the programme but are now stand-alone qualifications.
People with learning disabilities can do the practical aspects of training, but for many the academic side is completely beyond them; abstract is not what they do. The result is that some students are unable to pursue this apprenticeship route even though they excel in their practical skills. Why can we not just value the skills that they have and that businesses need, and let them develop at their own pace, making their own unique contribution? The system is setting people up to fail and undermining their hard-won self-confidence. I also see this in the jewellery business, where I have made my career. Apprentices for silversmithing and jewellery making are very hard to come by without adding these unnecessary qualifications. Superb craftsmanship is its own language, which requires no translation and certainly not an English exam.
The Government have announced some flexibility for people with special educational needs, allowing an exemption if they can demonstrate an evidenced judgment of reaching entry level 3. This is a positive step, but I am concerned that the process still remains too unwieldy, complex and costly, which will continue to disadvantage these students and add unnecessary burdens on the college—believe me, we have enough already.
The tribunal system is not working. Some 96% of parents who are turned down for an EHCP by the local authority win their tribunals, but this comes at a huge financial and emotional cost. Unfortunately, the process is protracted and some parents cave in under the pressure; they do not even get to tribunal or, if they do, it is too late for the start of the academic year. This, therefore, is a year’s savings for the local authority, but it is all too frequently a year without education for that young person.
In the academic year 2022-23, just 136 of the nearly 8,000 appeals that went to a hearing upheld decisions by councils. A study by Pro Bono Economics estimated that councils wasted £46.2 million on tribunals in 2021-22. An inevitable consequence of VAT on fees will be a significant rise in tribunal cases, as parents struggle to find the right setting for their learning disabled children. It will be the sharp elbowed who have the best chance. Yet again, it will be the most vulnerable, the isolated and those parents who struggle to fill in the forms who will be forgotten and fall off the radar.
The Government should commit to an independent review of the VAT policy after six months. There has not been a full consultation on the plans or on their impact on SEND provision. Last year, the Department for Education had to pay the courts more than £13 million so it could deliver these SEND tribunals—double the figure the year before, and it will undoubtedly rise much further as a result of the impending education tax.
The system is broken and unnecessarily adversarial. Kate Foale, SEND spokesman for the County Councils Network, said:
“There desperately needs to be action at a governmental level to ensure local authorities and schools have the funding required to meet the needs of all children and young people”.
Councils are already struggling to fund SEND provision. The Local Government Association and the County Councils Network published a report in July, noting that SEND costs will increase to £12 billion by 2025, having doubled over the past decade. They say that this puts council finances on a “cliff edge”.
We are in a divide-and-rule situation whereby local authorities with a statutory duty to fund are at odds with the providers, and the providers end up fighting on all fronts. I have first-hand experience of this, and it wastes an enormous amount of time and energy. We need to work together. I know the Minister is fully aware of how important this is, and I thank her for her intervention on our behalf last month.
The current high-needs funding system came into place in the academic year 2013-14, which is when it was decided that local authorities should both undertake the assessments and provide the funding, thus becoming poacher and gamekeeper—a clear conflict of interest. Before that, assessment and funding decisions were handled separately. The Department for Education maintains that bringing them together was necessary because of spiralling costs, with needs being identified without any thought of the money involved. But it has not published any data demonstrating that the separation of these two processes, rather than increased need, was causing the spiralling costs. It also has not commented on the fact that, despite bringing the two together, costs have spiralled anyway. What it has done is made it much harder for families to get an assessment, because the councils know that, once they have assessed, they have a statutory duty to provide.
The Secretary of State for Education told parents that the SEND system is “fundamentally broken”. She also said she is “serious” about reform and “determined to do it”. She added that she would like to do this on a “cross-party basis” and
“listen to parents and staff”.
I stand here in that spirit of co-operation, determined that, above all else, the interests of learning-disabled people be accorded the highest priority.
When I look at the lives of our many candidates, post-college and in paid work, I see the difference it has made—how much it means to them and to their families, and how much it impacts their well-being and sense of self-worth. That makes me even more determined to fight on their behalf. I will continue to raise my voice in your Lordships’ House on behalf of people with learning disabilities.
One of our candidates died last month, in his early 20s. He was part of our story, and we became part of his. His father told us that he would be buried in his work uniform because it meant the world to him that he had found a job and a life beyond his family, in the community, where we all belong and where his life, lived to the limit of its capacity, touched so many, fulfilling his potential. What more could one possibly want for any of our children or anybody with a learning disability?
Baroness Monckton of Dallington Forest (Con)
My Lords, I thank all noble Lords who have participated in this debate. I particularly thank the noble Baroness, Lady Morris, for pointing out that special schools have improved—when you are mired in it, it is a very difficult thing to remember—and that we have come a long way since we used the term “ineducable”. That is very important. She also pointed out that the assessment framework—the exams taken—needs to focus much more on the purpose of getting people into work. That needs to be looked at.
I thank my noble friend Lord Farmer for saying that parents should never be forgotten. Parents are absolutely key; if you do not have parents on board, it is very difficult to do what is necessary for the young people. They really need to be on side, and to be looked after. As the noble Baroness, Lady Hazarika, said, they are absolutely exhausted most of the time—I speak as one; it really is very tiring a lot of the time.
I thank the right reverend Prelate the Bishop of Lincoln for what was the most important phrase of the debate: the rare dignity of all people. That is what it is. I think too of what the noble Baroness, Lady Morris, said about social mobility. When you are with somebody with a learning disability, they do not care who you are, they do not know who you are, and they do not care what you earn or where you come from. It makes you strip off mask after mask, until you are there in a proper shared humanity—that is what it means.
I am not going to go on—I have never done this before—but I thank all noble Lords for their contributions. I am very grateful.
Independent Schools: VAT Exemption
Baroness Monckton of Dallington Forest Excerpts(3 months, 2 weeks ago)
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Baroness Monckton of Dallington Forest (Con)
My Lords, I declare my interest as set out in the register: I am the founder and chairman of a charity that, among other things, is a special post-16 institution. Our aim is to prepare young people for employment. The charity is Team Domenica, named after my daughter, who has Down’s syndrome. Also, we have staying with us a Ukrainian refugee child, who attends the nearest public school, free, along with four others.
Non-maintained special schools have been excluded from the new 20% tax. However, these schools are only a very small part of the special educational needs landscape. Department for Education data shows that there are only 52 such schools, educating 3,965 pupils. Yet there are 753 independent special schools, educating nearly 25,000 pupils, all of whom are potentially liable for VAT. Where their place is funded by the local authority, this can be claimed back, but the school still faces the cost of registering for VAT and the burden of managing the system.
Where does that leave specialist colleges such as ours, of which there are 130 in England? At the moment, all Team Domenica’s candidates are over the age of 18, but, if we decide to take on students between the ages of 16 and 18, the VAT would fall upon not only those individuals but on every single pupil at our college. We would also lose our business rates relief, as pointed out by the noble Lord, Lord Bilimoria. In a field where there is already such a grotesque volume of form-filling, we will have the pointless bureaucratic nightmare of recycling money that comes from the state only to return it. The Government would effectively be taxing themselves. This would perversely discourage extending this potentially life-transforming service to some of our most disadvantaged young people. These 130 institutions, of which we are one, are the only alternative to mainstream further education for people with more complex learning disabilities.
On the wider point, which other Members in your Lordships’ House have raised, concerning the 94,000 SEN pupils placed in private mainstream schools, only 7% of them have an education, health and care plan, which means that the overwhelming majority are paid for by the parents, many of whom will already be at the limits of what they can afford. A large number of these pupils will have been taken out of maintained schools and transferred by their parents to the private sector out of desperation, as these children, particularly those on the autistic spectrum, have not been able to cope with the large class sizes.
The general effect of this tax will be to drive more SEN young people into the maintained sector, which is already inadequate at meeting these needs. This will make more parents go to tribunals if the local authority refuses to give their child an EHCP—which happens all too frequently. I have sat in on some of those tribunals. I would like to invite the noble Lord, Lord Addington, who articulated with such passion and anger what happens in those tribunals, to come with me to the next one that I have to attend. This is an exhausting option for parents already struggling to cope. Some 96% of such hearings end in favour of the family, but at a huge emotional cost.
No previous Government have taxed education—it is seen quite rightly as a public good. But to tax parents of children with special educational needs, parents whose lives are already so challenged and difficult, and who often struggle more than people could imagine, is cruel. I hope that this is merely an oversight on the part of the Government, but, if such is the case, that is itself a problem, because people with learning disabilities are too often forgotten. They deserve so much better
King’s Speech
Baroness Monckton of Dallington Forest Excerpts(5 months ago)
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Baroness Monckton of Dallington Forest (Con) (Maiden Speech)
My Lords, it is a great pleasure to participate in this debate on His Majesty’s gracious Speech. I declare my interests as set out in the register.
Public speaking and debating are not my natural territories. My career has been in retail, not politics—although, as my husband pointed out, there are similarities: the voter, like the customer, is always right. This is an overwhelming honour. What has struck me in my short time in this House has been the courtesy and kindness on both sides. I have been made to feel welcome, and my vast areas of ignorance on the workings of this place, and many other things besides, have been tactfully dealt with.
I thank my supporters, the noble Lords, Lord Altrincham and Lord Laming—who has given me so much wise advice over the years—as well as my noble friend Lady Fraser of Craigmaddie for her encouragement and support, and Black Rod for her pertinent advice. I thank also the clerks and doorkeepers, not just for all they have done for me—instructions on protocol and dealing with my lamentable lack of direction—but for their warm welcome to my daughter, Domenica, who has Down’s syndrome, when she came to this House for my introduction. She, or rather the charity that I started in her name, is one of the reasons that I am in this House.
My father, a hereditary Peer, was a proud Member of this place. He was a career soldier, and his last posting was as chief of staff of the British Army of the Rhine. He was also an Arabist, and he brought this expertise to the relevant committees and sat as a Cross-Bencher. However, his manifesto, in a bid to stay in this House, was not successful—“all cats to be muzzled outside to stop the agonising torture of mice and small birds” did not quite cut it. His sister, my aunt, Valerie Goulding, was an inspiration to me. She started the Central Remedial Clinic in Ireland, which devotes itself to children and adults with cerebral palsy, spina bifida and muscular dystrophy. She was made a member of the Senate by the Taoiseach for her charitable work. The author of Under the Eye of the Clock, Christopher Nolan, was one of Valerie’s patients, and it was her fierce commitment to his potential that enabled him to become an author. He wrote that he owed his success
“to Lady Goulding and her harbour of hope”.
In his gracious Speech, His Majesty made reference to breaking down barriers to opportunities. That is exactly what we do at Team Domenica for young adults with learning disabilities. Our aim is to get them into paid employment, and we have an 81% paid employment rate, against a national average of 4.8%. People with learning disabilities are the most forgotten in our society, and I feel passionately that they should have the same chances as everyone else. The world is theirs just as much as it is ours.
However, in education, the mainstreaming of children with learning disabilities is not always appropriate. My daughter spent several hours sitting in a corridor because “it was maths” or because “it was science”. What is was actually was isolating, and the silence of Domenica’s loneliness was deafening. I suggest to the Minister that the remaining schools for those with moderate learning difficulties are vital for families whose children are not confident enough to cope with mainstream education. We must not become so blinded by ideology that we no longer see or understand the individual needs of the vulnerable people in our care.
In concentrating on education and in building self-confidence, we can make a life-changing difference. If someone believes in you, you start to believe in yourself. I have seen this time and again with our young adults at Team Domenica, who have got paid jobs with the wonderful businesses in Brighton and Hove which support us so well. I have seen the transformation in Domenica’s confidence too, through belonging and being more like her sister—although she has some way to go before matching the supreme self-confidence of her late grandfather, known to his children as Jampa, but probably more familiar to your Lordships’ House as Lord Lawson of Blaby.
We need to remember that a lifelong learning disability is exactly that: lifelong. Education and support need to continue, and the process of getting an education, health and care plan needs to be much less stressful. Like others who have spoken before me today, I worry about what the effect would be of a 20% education tax on the parents of the almost 100,000 children in the independent sector who do not have an EHCP but who have special needs. Will the unintended consequence be many more parents trying to get an EHCP in a system that is already at breaking point?
I look forward to raising my voice with others in your Lordships’ House to speak up for the voiceless, and to standing up for parents, siblings and carers. No one can know where the limits of love lie—nor should we ever judge those who are sometimes struggling to cope; I have been there myself—but we need to know where the limits of state responsibility begin and end. We must ensure, at least, that it does not make the lives of parents and their children more difficult than they already are.