Children and Families Bill

Debate between Lord Lingfield and Earl of Listowel

Wednesday 30th October 2013 Grand Committee

[Lord Lingfield (Con)]

My Lords, the four amendments in my name, which are necessarily probing amendments, have as their purpose to include higher education in the Bill in cases where there is a reference to local authority duties related to education provision for young people up to the age of 25.

Unlike in the past, more and more young people with disabilities are now entering university courses. Sometimes they receive first-class support; other times, alas, it is very much wanting. There should be a seamless pattern of support whether or not a student aims at further education, which is catered for in the Bill, or for higher education. My amendment to Clause 27(3)(h) includes higher education institutions among the bodies with which a local authority must consult as part of its duty to keep education and care provision under review; the amendment to Clause 28(2)(e) adds higher education institutions to the local partners with which a local authority must co-operate; my amendment to Clause 29(2)(d) adds higher education institutions to the list of bodies that must co-operate with the local authority and vice versa; and, on the preparation of draft EHC plans, the amendment to Clause 38(3)(d) adds higher education to the institutions whose naming in the draft plan can be requested by a parent or young person.

At Second Reading I greatly welcomed the extension of the coverage of legislation from birth to 25 years of age, unlike the current system, which applies only to the end of school-based education. At that point under the current system, to quote a parent who gave evidence to my own commission on special needs, a child will often fall off an educational cliff. In light of the welcome extension of legislation to the age of 25, it is particularly important to make sure that higher education is included explicitly in this primary legislation in order that it will be regarded in the same way as further education and other post-16 provision under the new system of assessments and EHC plans. Without such amendments I fear that we will not improve the current and, in my view and the view of many parents and students, imperfect system, where there is a separate and often disconnected process for assessing and meeting the needs of young people with special educational needs who are successful in reaching higher education.

It is not often understood that currently a young person with a statement at school will not automatically have the same provision at university, and that the previous support that has come via a statement of needs has to be reassessed by Student Finance England before university entrance. I am told by those with direct exposure to this process that Student Finance England’s reassessment process does not provide for as thorough an assessment as that which would come through the current statutory assessment or, it is to be hoped, through the new EHC plan. As a result there is a clear risk of delay in support for these young people, especially where, as in many cases, there is no reason whatever why the provision that has supported them for years beforehand should cease.

I also note a separate but related concern that the expertise available to Student Finance England may be very different from, and possibly more limited than, that available to local authorities, healthcare providers and others for EHC plans. Indeed, it is rather surprising that Student Finance England and universities do not as a matter of course currently accept the advice of local authorities, expressed in the form of a statement, bearing in mind that local authorities have considerably more expertise available to them in the form of access to educational psychologists, speech and language therapists and occupational therapists.

All this is illustrated very clearly by a case that was drawn to my attention, of Michael. Michael has dyspraxia, including severe oral and motor dyspraxia, and had a statement of special needs from the age of three. Nevertheless, despite Michael’s statement being reviewed annually, Student Finance England declined to accept this as evidence of his disability. A fresh set of reports were required and had to be paid for by Michael’s parents in order to compel Student Finance England to recognise that there was a pre-existing disability. Michael has now, with continuing and appropriate support, obtained a first-class honours degree in philosophy at his university.

In the new system, designed to cater for the needs of children and young people up to the age of 25, maintaining a different assessment process for those who are capable of entering university, as opposed to further education or other provision, will perpetuate an unfortunate anomaly which, in my view, could put off young people with disabilities from attempting a degree course. Surely the repetition of the process by two state-funded bodies is a waste of money. Any moves to address this disconnect, such as those sought in these amendments, surely must be welcomed. I very much hope that the Minister will give this her full consideration. I beg to move.

[The Earl of Listowel (CB)]

My Lords, the noble Lord’s amendments prompt me to ask a question. We know that care leavers have been increasingly going to university, although it seems to have stalled rather at the moment. The question is: of the care leavers going to university, what proportion have special educational needs? Are we doing as well with care leavers with special educational needs going to university as we are with the general body of care leavers going to university? Perhaps the Minister will write to me on that particular question.