Disabled Students

Baroness Uddin Excerpts

Wednesday 2nd July 2014 Grand Committee

[Baroness Uddin (Non-Afl)]

My Lords, I begin by commending the noble Lord, Lord Addington, on his consistence and persistence in support of these matters, and apologise to him for not having made the list—I just missed the deadline, so I am very pleased that I am able to speak in the gap.

In the context of today’s debate, we must put individuals at the heart of reform. Indeed, the Government have themselves acknowledged the need to do better when it comes to disabled people. Only last March, legislation was passed to improve the co-ordination of services offered to those with special educational needs, via the Children and Families Act. Just two months later, the Care Act became law, seeking to personalise care and put recipients at the heart of the system within integrated care services.

The intention is noble; the reality is, too often, a disgrace. As with the reform of so many public services—to the NHS, to higher education, to the justice system—the Government have used much-needed public service reforms as an opportunity to withdraw funding entitlements to many who relied on them to live a life with dignity. In a growing number of instances, entitlements have been restricted to all but the most severe cases. Most recently, the Minister for Universities and Science announced what he described as the modernisation of the DSA. In this case, modernisation would appear to amount to the removal of allowances from all but those with “complex” learning difficulties— passing the buck to universities, whose assistance to students will be discretionary as long as they do not infringe the Equality Act.

I am not opposed to reform per se. Indeed, the fact that public expenditure on the DSA has risen in all but the past year suggests that there may be a case for reviewing the criteria for entitlement, but the hasty withdrawal of entitlement without consultation is dangerous, particularly when you are dealing with a category of people who already face hurdles to participating in education, employment and society as a whole.

Let us take those with autism spectrum disorder. According to government sources, more than half a million people in England have autism, but only 0.2% of undergraduates studying for their first degree are declared as autistic. Employment outcomes are almost as bad.

There is a suggestion that, henceforth, medical advice will be required to explain how a student’s disability will affect their ability to study on their chosen course. That risks becoming a classic case of clumsy guidance failing to take into account the spectrum of conditions and the nuances of humanity. Let us take the young man with autism who, even under the present system, was recently refused DSA on the ground that he had not provided recent medical evidence about how his condition would affect his chosen course. Despite providing copies of his original diagnosis, statement of special educational needs and individual education plan from his college, he was told that a medical report conducted after the age of 16 was required. Put aside the fact that that requirement would appear to run contrary to the 2014-15 guidance, which states that medical evidence need state only the nature of the disability and, ideally, explain its impact. As is the case with many disabilities, such as autism, there is no medical involvement following a diagnosis where the condition is developmental, not physical. Can the Minister clarify what forms of evidence will be required from individuals with autism when they come to apply for a disabled students allowance in September and who will undertake those applications? The cuts to DSA should not proceed until we are sure that they will not harm access to higher education and jobs for those thousands who have benefited and are likely to benefit.

Finally, in 1980, when my then five year-old was entering the special education system, I had the audacity to ask whether there was any special equipment which would help his learning disability. People were absolutely aghast that I would dare to ask such a question. Some of that experience remains for many parents. We are in an age when the medical and computer technologies are at the highest level and will get better. It just seems such a shame that we are not going to support all those who can benefit from them.

--- Later in debate ---

[Baroness Northover]

I am sure that those are taken as read.

I say to the noble Baroness, Lady Jones, that we agree that it is vital that education, health and care plans are based on a co-ordinated assessment process in which professionals from across agencies work closely together, so that families do not have to repeat their stories and support can be provided promptly. I hope that she will be reassured that the pathfinder programme has demonstrated strong progress and that the pathfinder champions are sharing what they have learnt about effective approaches in every region as all areas prepare for implementation of the reforms from 1 September. The noble Baroness is absolutely right: the key thing is how it is implemented, and we will keep a very close watch on that.

From year 9, annual reviews of education, health and care plans, EHC plans, must focus on preparing for adulthood, enabling that transition, setting out clear plans that enable young people to move into higher education and work. The draft code of practice also sets out the new legal duties of further education colleges, including how they identify SEN and provide support. We know that work can transform lives by giving people an income and, above all, a sense of purpose and value. It enables them to become as independent as possible, both economically and socially. For that reason, we have introduced supported internship and traineeship study programmes specifically designed to support young people into work.

I assure my noble friend Lord Addington that the Children and Families Act requires services to work together to support children and young people with disabilities. As I said, the pathfinder work is encouraging. The DWP’s access to work fund has been extended to support internships and traineeships, and its Disability Confident campaign encourages organisations to employ people with disabilities. More widely, the cross-government disability strategy, Fulfilling Potential, was developed jointly with people with disabilities so that they can better reflect what is important in their lives to enable them to live independently in accessible and inclusive communities.

During the passage of the Act, my noble friend Lord Addington raised important concerns about the availability of reasonable adjustments in apprenticeships. As a result, the skills funding statement now contains a clear reminder that the Equality Act requires training providers “to make reasonable adjustments”. The Act, which raises the bar on previous legislation by clearly setting out the rights and protections for groups risking discrimination, also applies to employers, requiring them to make reasonable adjustments for employees.

Encouraged by my noble friend, without actually poking people in the eye, the Government also made a commitment to support disabled apprentices who were unable to pass key skills in English and maths but completed all other aspects of their apprenticeship. These individuals can now take the relevant functional skills qualification and, if successful, can apply for their apprenticeship certificate. The National Institute of Adult Continuing Education has recently launched an online toolkit to help people with disabilities to access apprenticeships and to help employers gain access to skilled and dedicated workers.

Noble Lords have spoken about the need for young people in higher education to get the right support. Securing a place at university is a fantastic achievement for any young person, which improves their employment prospects. We are right to have high aspirations for young people with disabilities, as the noble Baroness, Lady Jones, made very clear. I assure my noble friends that, as the draft code of practice states, local authorities should plan a smooth transition to higher education before ceasing an EHC plan. Once a higher education institution place has been confirmed, the local authority must pass the EHC plan to the institution at the earliest opportunity.

My noble friend Lord Addington and the noble Baroness, Lady Jones, spoke about repeat assessments and transition. In the present system, a young person with a statement moving to college would need to have an entirely new and separate learning disability assessment, which carries none of the protections of a statement. As noble Lords know, that would change with our reforms and young people will be able to keep their EHC plan in college. Local authorities will be required to review an education, health and care plan at least annually. The year 9 review will look forward to the young person’s transition to adulthood, including further education, and each review thereafter will build on that. Our plan is that there will be much greater consistency and better transitions.

A college can ask for a reassessment but the local authority does not have to undertake one if one has been made in the past six months or it does not believe that it is necessary. I say to the noble Baroness, Lady Jones, that the local authority will set out what the colleges are expected to provide from their funds. Local authorities will top up funds for individual students who require them so that they get the support that they need. Decisions will be made on a case-by-case basis and we will keep a very close eye on how this is working.

Once a student with disabilities has joined a higher education institution, regardless of whether they previously had an EHC plan, they can seek support through the services provided by the higher education institution under its duties under the Equality Act, and through a DSA needs assessment. A comprehensive DSA needs report should include discussion with the student, the strategies that have been used in the past and the strategies that are being recommended for DSA funding. I assure my noble friend Lord Addington that although the student may provide evidence of the support that they received from their school, they are not required to as the needs of all people with disabilities can change, as he indicated, over time.

Disabled students’ allowances are being changed, as noble Lords have noted. Once a disabled student has joined an HEI, a range of support is available through the HEI’s duties to make reasonable adjustments under the Equality Act and DSAs. That will not change but the balance of support in future will. We must ensure that the HEIs fulfil their duties under the Equality Act, which, perhaps I may remind noble Lords, improved things for those with disabilities. We must make sure that all public institutions fulfil their responsibilities, which includes higher education institutions.

[Baroness Uddin]

My Lords—

[Baroness Northover (LD)]

I would like to be able to answer but I am right up against time. If I have not answered adequately, I can write or we can discuss matters afterwards.

There are key changes proposed to the DSA. It will no longer be available to fund standard computers, but DSA funding will still be provided towards higher-cost computers required due to a disability. It is worth remembering that these days most students, if not all, will be buying their own computers. This is a change from when we were at university. The key thing here is to support students for whom a standard computer will not suffice, in the way that my noble friend Lord Addington indicated, and the difference in cost will be covered.

Where HEIs provide specialist accommodation for students with disabilities, that cost should not be passed on to the student. The DSA funding will no longer be available to these students because there should be no extra cost to the student.

Students with dyslexia will continue to be supported through HEIs’ reasonable adjustments and DSA. HEIs should consider how to support these students better to reduce reliance on DSA. HEIs should consider how they meet a variety of non-medical health needs—for example, note-taking and library support—to reduce reliance on DSA.

DSA will be available for more specialist support—for example, sign language interpreters—and we are consulting on the fine detail of the division of responsibilities. All institutions will now be expected to provide the same high level of support for students with disabilities. The detail of what support will be funded through DSA will be provided in guidance this autumn.

With regard to co-ordination between BIS and DSA, my honourable friend Matthew Hancock has a joint position between the two. However, as I say, it is surely right that all public institutions in the UK recognise their duties under the Equality Act, which raised the bar for how those with disabilities should be treated, and we need to ensure that they recognise that. My right honourable friend David Willetts is responding to a debate in the other place today on this very subject, and I know that he will mention the wide range of groups with which BIS has been in discussion, as it will be over the next few months before the guidance is issued.

The application process for DSA will remain the same. Students will continue to have a comprehensive DSA study needs assessment to explore the impact of their disability on their ability to access learning. That is the key thing.

In conclusion, the changes that we are making through the Children and Families Act, coupled with the practical measures that we are taking across government to improve support for young people with disabilities and those with SEN, should make a real difference to the life chances of some of our most vulnerable young people. We as a Government remain committed to removing barriers, thereby enabling people with disabilities to fulfil their potential and play a full role in society.