Children and Families Bill

Baroness Whitaker Excerpts

Wednesday 30th October 2013 Grand Committee

[Baroness Walmsley (LD)]

My Lords, I have a few additional comments to make in support of Amendment 113, to which I have added my name. I reassure the noble Baroness, Lady Eaton, that in our amendment we do not seek a one-size-fits-all approach as far as local authorities are concerned. Of course we understand, and hope, that the provision made will vary from area to area, depending on the needs of the local population. We are simply looking for some commonality in the way the offer is expressed. The advantage would be that it would not just be helpful to parents in enabling them to choose between one local authority or another if they were able to move from one to another; there would be two other benefits.

First, it would deter a local authority from publishing a weak offer, because it would be very obvious that it was a weak offer. The “very little indeed”, as expressed by the noble Baroness, Lady Howarth, would jump off the pages if there were some commonality in the way that offer was expressed. Secondly, it would help policymakers because this is a very new system. Undoubtedly the Government will wish to monitor how it is going and assess where it is going well and where it is going badly, and whether the regulations need to be tightened up at some point in the future. It would be very much easier to do that if there were a common way in which the local offer could be expressed; otherwise, I can see civil servants spending months digging into all the different local offers, expressed in different ways, in order to dig out that information.

[Baroness Whitaker (Lab)]

My Lords, briefly, I would like to record my support for all these amendments, for all the reasons given. It seems to me that the very welcome reforms of the local offer remain quite insubstantial if there are no minimum standards and if there is insufficient transparency and no inspection. I recall the Minister’s letter to those of us who spoke at Second Reading on this point. He said:

“Regulations and the SEN Code of Practice will provide a common framework for local offers”.

I am worried that a common framework is really not specific enough. The draft SEN guidance is silent on the real monitoring of inspections. Without a power in the Act to achieve these, I should like to ask the Minister how the regulations are going to do the job which we have all been asking for. What is going to be in them?

[Baroness Morris of Yardley (Lab)]

My Lords, I also support the gist of the amendments but I take the point made by the noble Baroness, Lady Eaton. I knew that local authorities would have genuine concerns. However, I really want to support the points made by the noble Baroness, Lady Howarth, because I thought that that was a good way forward.

My instinct is that there needs to be some monitoring or inspection, or some notion of a common format or minimum standards. I say that because, looking back, I find it difficult to think of a new service being introduced that has not had that infrastructure under it, at least to begin with. I am concerned about just plonking it out there in the system with no monitoring, no inspection and no minimum standards. I am not saying that local authorities will deliberately set out not to provide the service, but I think that the noble Baroness, Lady Eaton, would have to admit that in the present circumstances, when local authorities have really tough spending decisions to make, those who have no legal or regulatory protection might end up being at the end of the list when it comes to the decisions that local authorities take on expenditure. Therefore, the amendments would offer that protection.

With this new system, I think that the whole Bill could fall if parents did not quickly have confidence in the offer. That is my concern. This service is central and new. It is a new idea, and it has to retain the confidence of the people who use it. I think that there is an added complication, as has already been mentioned, that these are busy people who are already fighting other bits of the system. It is also not something that affects every citizen. This is a small and particular group of people. It has not got the voice of the nation behind it. It is not like “all our schools”, “all our universities” or “all our elderly care people”, it is a very small group of people who will have to fight the good fight. So my starting point is that I am not entirely confident that there is enough in the system at the moment to guarantee that it will grow into a strong part of special educational needs protection.