Children and Families Bill

Debate between Lord Storey and Baroness Eaton

Tuesday 7th January 2014 Lords Chamber

[Baroness Eaton (Con)]

My Lords, I can understand why the noble Lord, Lord Low, tabled Amendment 33D, which would regulate the special education provision to be provided by local authorities. That sounds sensible and reassuring. However, the practicalities of regulating provision in such a way would, despite what has been said in the contributions from noble Lords, cause unnecessary restrictions on provision and prevent innovation and creativity that could bring about new and supportive services.

The duties on local authorities and other bodies to assess needs and secure provision are already set out elsewhere in the Bill. There are already some excellent examples of local offers—for example the pathfinders in North Yorkshire that worked with parents and young people to produce an interactive map and colour-coded diagram, including a version for children and young people, showing precisely what the local offer would be.

Funding allocated to councils by the Government for education, including SEN provision, can vary greatly, even for similar or neighbouring local authorities. That is one reason why provision may vary between areas. We know that the new national funding formula will not be introduced until after the next election. SEN provision also varies from one local authority to another because of the nature of the population. There are higher levels of need in some areas, which require the local authority to provide more specialist services than in others areas that may have no such requirements or quite different needs.

Defining in law a minimum level of provision may actually mean that resources in some authorities are diverted from other areas of special need simply to meet a legal requirement. Health needs also differ between local areas. That is reflected in the local joint strategic needs assessment, which is based on the needs of the local population. Surely the key purpose of the local SEN offer should remain as a source of information to parents and young people, developed by local authorities working with them to reflect their choices and preferences.

[Lord Storey (LD)]

My Lords, I agree with the noble Baroness, Lady Jones, that parents have fought for years to get resources and what some might call justice for children with special educational needs. That is why the Bill is so important: it is a progressive piece of legislation that we can all be proud of. It will mean that, for the first time, local authorities have to spell out clearly and precisely what is available in their area and how that can be accessed. As we know, people with special educational needs will, for the first time, have a plan that joins up health, education and social care.

The giveaway is in the title: “local offer”. It is not a national offer but a local one. I suppose the Government could have said, “Nationally, we have decided that this is what you will do”, but I am quite sure that there would have been screams from local authorities that this was national government again dictating exactly what should happen. The local offer is important.

I was grateful for the comments of the noble Lord, Lord Low, in Committee but I still have grave concerns about creating a minimum requirement. We have seen what happened in care for the elderly: if you have a minimum requirement, councils under financial pressures jettison what they do not need to provide. If you have a minimum offer in terms of special educational needs, you will find that those authorities that my noble friend Lady Eaton so eloquently described, the ones that are progressive and look at new ideas, will say, “Well, if there are some savings to be made, we do not need to do that”. So I am not in favour of a minimum offer.

I am in favour of what the Government have reflected on and come back to at Report with Amendment 33C. Let us never underestimate the power of local people. If the local offer is not meeting the local requirement, you can bet that local people will say that they want something extra. Cases will make that happen. That is why the government amendment is so important. Let us celebrate where we are at so far, because it is important for children with special educational needs.