Children and Families Bill

Countess of Mar Excerpts

Wednesday 30th October 2013 Grand Committee

[Baroness Brinton (LD)]

My Lords, I declare an interest as my sister is a BSL interpreter at a university in the UK and I worked in the higher education sector for 20 years. I will pick up on the last point of the noble Earl, Lord Listowel. Part of the problem in the HE sector is that there is not always consistency. “Care leaver” can be defined by an individual institution. There are usually generous grants, and they are usually on top of any SEN support, but the definition of care can be quite limited. Certainly it would not always cover guardianship or kinship carers, where children have come out of care. Those are some of the issues that remain.

The reason that I wanted to speak to these amendments is that I absolutely applaud the sentiment behind them. If we are truly to have an SEN offer that covers young people to the age of 25, it is ridiculous that an entire sector of education is not covered by it. My fear is that this amendment tries to tack universities on to a much more local offer, thereby causing problems. I will ask the Minister a couple of questions on this later.

The university provision can be very generous. However, as the noble Lord, Lord Lingfield, outlined, for some students, where there is perhaps the possibility to have diverse views, such as with dyspraxia, dyslexia or one of a number of other SENs, it can be very difficult to get past the first hurdle. I would welcome a transition arrangement, as we have for young people with learning disabilities and social care support moving from child support into adult services, for those with special educational needs entering universities. At the moment they stand completely separate, and frankly that is where the holes start to appear. If a child has a statement under the old system, or an EHC under the new system, they should have that information passed on automatically, along with the level of support that they have had in the past, providing the young person is happy for that to happen.

I notice that the Minister in the Commons said that he would provide further detail as to the proposed contents of the code of practice relating to the transition to university, and made a commitment to consult widely with practitioners in university in drafting the code. I think that that would be extremely helpful. I would also welcome further details from the Minister—perhaps in writing as it is not directly within her field—as to what action the Government will take to ensure disabled students have disability support in place as soon as possible in their course of study. In particular, there needs to be a commitment for the code of practice to recommend that local authorities support and encourage DSA applications as soon as possible the year before entry, and that such support in applying for the DSA is stipulated in the plans of young people intending to study at university. The problem is that that conflicts with the current timescale for young people to be encouraged to apply through student finance, which most people do not do until they are well into their final exams in the summer term before they plan to go up to university. That is too late for students with statements and support because there is not enough time for receiving universities to do the research necessary to provide the right support.

I have said before that I am concerned about local authorities having a duty to secure a place in higher education for students, as would be the implication of this group of amendments. I would encourage mechanisms, perhaps through an alternative amendment, to make sure that there is dialogue so that not just the statement is carried through. If the student has concerns, the local authority may know and understand the case better, and sometimes it is useful if the young person is not the only one arguing their case.

I have probably covered it all. I regret not being able to support these amendments but there may be scope for something that ensures that these young people studying in higher education, whether in college or at university, have as smooth a transition as possible and the continuing level of support without having to reargue the case from scratch.

[The Countess of Mar (CB)]

My Lords, about a fortnight ago I forwarded to the Minister an e-mail I had from a young man who is autistic, questioning the fact that this Bill prevents local authorities from funding university education for SEN young people. I asked the Minister for clarification. Would it be possible to get that today? Are local authorities still able to fund young people to go to university or has the Bill blocked that funding?

[Lord Low of Dalston (CB)]

My Lords, I speak to Amendment 155 in my name. Clause 38(3) sets out the types of institution that may be named in an education, health and care plan. Ministers have stressed the importance of a joined-up approach and that a system that goes from nought to 25 will improve the lives of children and young people with special educational needs. I was therefore a bit surprised to see that higher education institutions were omitted from the list. That means that if a young person with a special educational need decides that they wish to pursue a university education, they must do so without the support of an education, health and care plan.

Disabled young people and those with special educational needs need all the support they can get to go to university. Disabled graduates are much more likely to get a job than those without a degree. In 2012, 71% of disabled graduates were in employment compared with only 42% of disabled non-graduates. Yet disabled young people are less likely to go on to higher education than their non-disabled peers: in 2009-10, it was 33% of disabled as against 41% of non-disabled young people aged 19.