Children and Families Bill

Debate between Baroness Whitaker and Earl Attlee

Monday 4th November 2013 Grand Committee

[Baroness Whitaker (Lab)]

I speak in support of Amendment 175A in the name of my noble friend Lord Touhig. I have in mind a particular group of children with disabilities who move and I am not sure whether this amendment exactly covers them. If the Minister is going to say that Clause 47 covers the concerns of the noble Lord, Lord Touhig, will he clarify whether Clause 47, or the new clause proposed by Amendment 175A, would cover the situation of travelling children? This might be the child with disabilities of a showman who is based in one area, say, for three or four months over the winter, and then moves every few weeks to wherever the parents’ have work. The care plan needs to be transferred to each local authority. I had thought that Clause 47 might cover that, so my first question for the Minister is: is that covered? My second question is: if he entertains my noble friend’s amendment about children who move residence, as opposed to moving where they live from time to time, would that cover the situation of travelling children who return to a base but only once a year?

[Earl Attlee]

My Lords, I am grateful to the noble Lord, Lord Touhig, and other noble Lords who have either moved or spoken to amendments concerning education, health and care plans. I welcome the opportunity that these amendments give to discuss the EHC plan, as it is a vital part of our reforms. For the first time, it will provide a single plan across the whole nought-to-25 age range, and will be focused on how education, health and care services will work together with families and young people to secure improved outcomes for children and young people.

Turning first to Amendment 144, I share the concern of the noble Lord, Lord Touhig, to ensure that family support is included in an EHC plan. The EHC assessment process will consider the needs of the child or young person across education, health and care, including the circumstances of the family where there are social care needs for someone under the age of 18. For example, if, based on family circumstances, social care provision is required under Section 17 of the Children Act 1989 to meet the child’s special educational needs, it must be specified in the plan.

The existing duties will continue to mean that children and young people receive the assessment they require for their needs, supported by the new duties, in Clauses 25 and 26, for local authorities and the health service to integrate and jointly commission services for children and young people with SEN, and by chapters 4 and 7 of the draft code of practice, which focus on multi-agency working to produce a joined-up EHC plan.

I turn to Amendment 147. The noble Baroness, Lady Howe, is right to want to ensure that educational psychologists are involved in decisions about EHC plans for young people aged over 18. Doing so will assist local authorities in making evidence-based decisions on whether remaining in education will be the best option for individual young people and whether they continue to need special educational provision.

This is why we have already made it clear in Regulation 6(1) of the draft assessment and plan regulations that educational psychologists, along with other relevant professionals, must be consulted when local authorities are carrying out an assessment for an education, health and care plan for any child or young person, including for young people aged over 18. Further detail on that is set out in section 7.7 of the code of practice. The noble Baroness raised quite a few detailed points, and I think that it would be better if my noble friend Lady Northover wrote to her on those. She asked about the training of educational psychologists. The Government carried out a review of training in 2011 and, as a result, has put the arrangements for their training on to a secure basis, including central funding for the National College for Teaching and Leadership.

I fully understand the intention of my noble friend Lord Lingfield through Amendment 147B. It is vital that EHC plans provide consistent, clear and specific information on outcomes and provision. Draft assessment and plan Regulations 11 and 12 and chapter 7 of the draft code of practice set out detailed requirements and expectations about the preparation and content of EHC plans to ensure consistency, including that provision should be specific, detailed and quantified. In addition, Section 3.3 of the code provides details on the information, advice and support that must be provided, including trained independent supporters where appropriate.

My noble friend commented on the format of the plans. I repeat the commitment of the Minister for Children and Families to protect existing rights and protections. That certainly includes being specific about the provision to be made. However, I am not convinced that a standard format is itself a right or protection. It is better to leave flexibility to design plans around the needs of parents, children and young people.

I do not believe that it is helpful to have prescription in the form of a standard template. We have left flexibility for local areas to design EHC plans best to meet local needs. To ensure consistency, we have included in section 7.9 of the draft code of practice a list of the key information that every EHC plan must include in distinct sections, including arrangements for monitoring progress. Having skimmed it a few hours ago, I have to say that it is comprehensive. We have also been working closely with pathfinders to develop and publish example EHC plans.

Gypsies and Travellers

Debate between Baroness Whitaker and Earl Attlee

Tuesday 6th March 2012 Lords Chamber

[Earl Attlee]

My Lords, my noble friend’s question on whether local authorities have identified the land suitable for pitches is a matter for them. If I have any further information that I can give him, of course I will do so. In response to the most important question put by my noble friend, the new homes bonus will match fund the additional council tax raised for new homes, including Traveller pitches, for the next six years. Traveller pitches are usually rated as band A so at present local authorities will get a bonus of £959 per year for six years for each new pitch. Traveller pitches owned by local authorities and housing associations will attract an additional £350 per year enhanced bonus, like other affordable homes.

[Baroness Whitaker]

My Lords, one of the key points made by Dr Hammarberg in his letter to Mr Pickles was about the “significant hurdle” concerning the requirement that for planning permission, the applicant has to establish “Gypsy status” and demonstrate particular “working patterns”. Will the Government now dissociate the granting of planning permission from these inappropriate and restrictive criteria?

[Earl Attlee]

My Lords, the Government will publish the national planning policy framework by the end of this month, and shortly we will announce our conclusions resulting from all the consultations we have held related to Travellers.

Gypsies and Travellers

Debate between Baroness Whitaker and Earl Attlee

Thursday 16th February 2012 Lords Chamber

[Baroness Whitaker]

To ask Her Majesty’s Government whether they will consult on a fresh definition of Gypsies and Travellers which would entitle all persons with a cultural tradition of nomadism or of living in a caravan to Gypsy status for the purposes of planning policy and legislation.

[Earl Attlee]

My Lords, the Government published their new draft planning policy for Traveller sites for full public consultation last year. The consultation included a question about whether the current definition of Gypsies and Travellers for the purposes of planning policy should be retained. The Government are currently considering all responses to the consultation on their new draft planning policy.

Railways: Brighton to London Line

Debate between Baroness Whitaker and Earl Attlee

Thursday 6th October 2011 Lords Chamber

[Earl Attlee]

My Lords, it is important to ensure that disused railway lines could be reinstated if it was necessary. The difficulty with my right honourable friend the Secretary of State issuing safeguarding directions is that he can do so only if it is intended to reopen the railway line, not to make it possible. In addition, if he does give safeguarding directions, it can result in compensation to developers.

[Baroness Whitaker]

My Lords, does the Minister accept that his words “at some point in the future” are not very consoling to south-east commuters, of whom I am one, who regularly have to stand on overcrowded trains at certain times of the day?

[Earl Attlee]

My Lords, the noble Baroness makes an extremely important point. We all know that at peak periods, the commuter railway lines south of London are all running at peak capacity. One difficulty is that we cannot easily increase the capacity to the main line terminals. In the case of Uckfield to Lewes, one of the bottlenecks is East Croydon, so even if we increased capacity in that area on the south of the line, you would still encounter the bottleneck at East Croydon, and there is very little we can do about that.