Special Educational Needs

Lord Touhig Excerpts

Thursday 24th October 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I agree with the noble Lord. In fact, so does the National Audit Office, which published a report this morning, and so do members of the former Government, who have described it as a lose-lose system. That is exactly why we need to ensure that within our mainstream schools, and in our early years provision, where most children’s special educational needs can and should be identified, we have better support and training for the staff and more support for those children when their needs have been identified, short of having to go through the very arduous process of getting an education health and care plan, on which the noble Lord is absolutely right.

[Lord Touhig (Lab)]

My Lords, I declare an interest as a vice-president of the National Autistic Society. Rachel de Souza, the Children’s Commissioner for England, has recently produced a report on waiting times to get a diagnosis for autism. She says:

“We have created a system … working against itself”.


Children need the diagnosis before they can get SEND provision and they have to wait up to five years, sometimes, for a diagnosis. Will my noble friend look at this and the report? In the meantime, children are getting no help and support at all. We have to change this.

[Baroness Smith of Malvern (Lab)]

My noble friend is absolutely right. That is why, as part of the 10-year plan for change and modernisation in the NHS, I am assured that there will be a focus on reducing the length of waiting times and improving the provision of autism services. The SEND Code of Practice is also clear that meeting the needs of a child with special educational needs and autism does not require a diagnostic label or a test. We expect schools and colleges to monitor the progress of all pupils and put support in place where needed. There has been some good work—for example, by the Autism Education Trust—to provide a range of training and support for staff on autism. However, it is clear that there is more we need to do, both to identify and then to support children and young people in this situation.

Schools: Mental Health and Poor Attendance

Lord Touhig Excerpts

Wednesday 24th July 2024 Lords Chamber

[Baroness Smith of Malvern (Lab)]

My Lords, I know that the noble Baroness has done much work in this area and, obviously, has had a Private Member’s Bill on it. Access to mental health professionals will be for all schools, secondary and primary. We are working with the Department of Health and Social Care to ensure that we get that model right and that we can, as she emphasises, provide that early support to alleviate the need for more acute mental health provision for young people, I hope.

[Lord Touhig (Lab)]

My Lords, I welcome my noble friend to her position and congratulate her on her appointment to the House. Research by the Disabled Children’s Partnership found that only one in three disabled children receive the support they need in education, and only one in five receive the support they need within the health service. In the light of these findings, it is unsurprising that mental health issues prevent many disabled children continuing their education. Can she assure the House that these two barriers in particular will receive urgent attention from the Government, because they are destroying lives?

[Baroness Smith of Malvern (Lab)]

My noble friend identifies particular issues around mental health and special educational needs and disability. There are 1.6 million children identified with SEND. Unfortunately, outcomes are poor and confidence in that provision is declining. That is why we are working hard and, as I mentioned in my speech last week, are willing to engage widely to provide ways in which we can support those children and improve a system that is currently failing too many of them.

Schools: Special Needs Pupils

Lord Touhig Excerpts

Tuesday 19th March 2024 Lords Chamber

Asked by

[Lord Touhig]

To ask His Majesty’s Government how often they review the level of support given in schools to special needs pupils.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, provision is reviewed regularly through school and local area inspections. Schools must demonstrate that children with SEND achieve good outcomes in order to be judged good or outstanding. We also strengthened local area inspections in January 2023. Annually, we collect and review data on education, health and care plans, including timeliness and volumes. We have also started collecting data from local authorities on capacity in special schools, SEND units and resourced provision. We also plan to introduce new local inclusion dashboards to improve local accountability.

[Lord Touhig (Lab)]

That is most helpful indeed; I am grateful. The Children and Families Act defines a child as having special educational needs if he or she has a

“learning difficulty or disability which calls for special educational provision to be made”.

Some 69% of teachers surveyed by the Pearson school report said that our education system is ineffective in supporting these special needs pupils. They said that we need more teaching assistants, better teacher training, more resources, and most importantly, easier access to diagnostic testing. Do the Government agree?

[Baroness Barran (Con)]

The Government are acting on a number of those issues. On diagnostic testing, as the noble Lord well knows, our approach is that the child should not need a diagnosis to be eligible for support. Early identification is incredibly important, and the Government are doing a great deal to train up the early years workforce and provide more specialist educational psychologists. More broadly, the shape of special educational needs has changed a bit over the last five years, with a much greater prevalence of social, emotional and mental health needs and of children with an autism spectrum disorder, and we are working closely to address that.

Pupil Mental Health, Well-being and Development

Lord Touhig Excerpts

Thursday 22nd February 2024 Lords Chamber

[Lord Touhig (Lab)]

My Lords, I join colleagues in thanking the noble Baroness, Lady Bennett, for securing this debate. It is important and helpful to discuss these matters.

Earlier this month, many organisations sought to raise the profile of children’s mental health during Children’s Mental Health Week. The charity Place2Be took the theme “My Voice Matters” and used the opportunity to urge the Government to give children and young people the support, tools and confidence that they need—confidence to be proud of themselves but, more, confidence to believe in themselves. I have always thought that believing in oneself is the beginning of self-confidence. I have known cases where a lack of confidence among young schoolchildren in particular has been put down to shyness. It is thought of simply as something that will pass in time, but it often hides other problems. In quite a few cases, the underlying problem, left unrecognised, can lead to many crises in later life.

This is why mental health support should start early on in a child’s life, at school. For so many children, school is the first time in their lives that they have been apart from the home and family environment, and the first time that they have spent a whole day with other children and adults who they do not know. A quarter of a million children in the UK are believed to have mental health problems. We face a major challenge in ensuring that they receive the support needed to enjoy the quality of life that those of us in this Chamber would take for granted.

Many are denied help by a National Health Service that is struggling to manage surging caseloads against a backdrop of a crisis in child mental health. Some health trusts in our country are failing to offer treatment to up to 60% of those referred by GPs. Health service figures released last November show that one in five children and young people in England have a probable mental health condition. Surely the time to begin supporting these young people is when they begin at school.

Let me take one area of concern: speech and language. I have some experience with families with children whose lack of speech is a cause for concern. The charity Speech and Language UK tells me that a child with speech and language problems is twice as likely as their peers to have mental health problems. Why is this? Well, its research shows that there may be anxiety or frustration caused by not understanding what people are saying or not being understood themselves. That can sometimes be the case with children with autism—as I know as a vice-president of the National Autistic Society, together with my noble friend Lady Browning. They may struggle socially at nursery and consequently have low self-esteem. They may have difficulty with thinking things through and working out what might happen and do not understand the consequences and implications of their actions. They might feel socially isolated because of their poor communication skills. Their difficulties with language and communication might not have been recognised, so they may not be getting the help and support that they need.

The best thing we can do to help is to make sure that these problems are recognised early and that the proper help is in place. That means that teachers and early years practitioners should receive training on how to help a child develop their talking and understanding of words—this is pretty basic. This will also help identify a child who is struggling. They should also know where to refer them for further support and diagnosis. It is no good discovering something and not knowing how to get it treated and supported. Schools need to be able to measure and track children’s talking and understanding of words in the same way that we do with literacy and numeracy. We need a free tool that can be used at the start of key stages 1 and 2 by class teachers so that they can spot a child who is struggling. Currently, schools must pay to do this.

Teachers need to know what is available to help children with speech and language challenges. We need guidance about what evidence-based tools and interventions work best and which might be most appropriate in each school. There also needs to be better recognition by child and adolescent mental health services of the high proportion of children with mental health problems who have speech and language challenges. Staff need to be trained on how to help children struggling with their mental health and find out what works best for them.

My noble friend Lady Morris of Yardley and the noble Earl, Lord Russell, spoke about mental health support teams. The Children’s Commissioner for England, Dame Rachel de Souza, has called for every school to have a mental health team in place by 2025. Perhaps in responding, the Minister might be able to tell us whether the Government are working towards that and agree with it.

I appreciate that I have covered a fair number of points here, and I will be more than content if the Minister, having had time to reflect, would like to write to me. I end by asking her whether she might also consider meeting Speech and Language UK, the charity that I have spoken about. Together, they might help us find some of the solutions to the problems that we are facing.

Teacher Training: Dyslexia and Autism

Lord Touhig Excerpts

Thursday 22nd June 2023 Lords Chamber

[Baroness Barran (Con)]

Our most recent guidance on initial teacher training, published just a few weeks ago, recommends two work placements during that period, stressing that one could be in a special school and the other could involve mentoring by someone with specialist skills. In addition, we have updated the SENCO qualifications so that every teacher has a specialist to whom they can turn for advice.

[Lord Touhig (Lab)]

My Lords, I refer to my interests in the register. Fewer than 40 in every 100 teachers have received autism training. In secondary schools, that falls to 14 in every 100. As a result, schools are struggling to support children with learning difficulties, particularly autism. There are a great many exclusions; an autistic child is twice as likely to be excluded from school as a non-autistic child. The National Autistic Society has produced a report proposing that all teachers be given specialist training to make sure that children with autism receive the best education possible. Will the Minister look at that report, go through it thoroughly and then agree with it?

[Baroness Barran (Con)]

Yes, yes and it depends on what is in the report. The noble Lord brings enormous expertise in this area. Under our universal services contract, there is the opportunity for additional training in autism. We are very focused on this area. I will of course look at the report and consider it very carefully.

Special Educational Needs: Employment Support

Lord Touhig Excerpts

Monday 24th April 2023 Lords Chamber

[Baroness Barran (Con)]

The Department for Education is piloting the use of the adjustment passports in a number of settings. We started with higher education, and we are now looking at supported internships and apprenticeships. We need to understand how useful they are in that setting, and then we will look at whether they will apply more widely in future.

[Lord Touhig (Lab)]

My Lords, I declare my interest as vice-president of the National Autistic Society. Just 29% of autistic people are in paid work, and a recent IPPR report revealed that nearly one-third of unemployed 18 to 29 year-olds are autistic. The Government have a £151 million Access to Work budget intended to encourage employers to engage people with a disability. Can some of that funding be used to expand schemes such as supported employment and supported internships, which will directly benefit autistic people seeking work?

[Baroness Barran (Con)]

First, I thank the noble Lord for his work in this area. On Access to Work, as the noble Lord knows, this is a demand-led and discretionary grant for disabled people. My understanding is that in some cases, autism is defined as a disability and in others not, so there may be eligibility criteria. On the noble Lord’s wider point, he will be aware that Robert Buckland is leading a review of employment for people with autism, trying to understand the barriers and to raise the figure from the 29% to which the noble Lord referred.

Secondary Schools: Autistic Pupils

Lord Touhig Excerpts

Thursday 26th January 2023 Lords Chamber

Asked by

[Lord Touhig]

To ask His Majesty’s Government what is their strategy to ensure the needs of autistic pupils are fully met in mainstream secondary schools.

[Lord Touhig (Lab)]

My Lords, in begging leave to ask the Question standing in my name on the Order Paper, I declare an interest as a vice-president of the National Autistic Society, an honour I share with my noble friend Lady Browning, who unfortunately cannot be with us today.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, we want to give all children and young people, including those with autism, the opportunity to thrive. The SEND and alternative provision Green Paper published last March set out

“proposals for an inclusive system, starting with improved mainstream provision”

with

“early and accurate identification of needs, high-quality teaching … and prompt access to targeted support”.

We are committed to publishing a full response to the Green Paper in our improvement plan early this year.

[Lord Touhig (Lab)]

I thank the Minister for her Answer. Some 130,000 autistic youngsters are educated in mainstream schools. According to figures from the Minister’s department, they are twice as likely as non-special needs children to be excluded from school. What is worse, a report by Ambitious about Autism revealed that more than half the exclusions are unofficial or unlawful. The Autism Centre for Education and Research at the University of Birmingham has produced an excellent report on these matters. The authors were due to meet officials from the Minister’s department, but unfortunately the meeting has not yet taken place. Will she personally intervene to ensure that this meeting takes place? It will make a difference.

Disabled Children: Support Services

Lord Touhig Excerpts

Thursday 23rd June 2022 Lords Chamber

Asked by

[Lord Touhig]

To ask Her Majesty’s Government what assessment they have made of the barriers preventing families with disabled children from adequately receiving support services.

[The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)]

My Lords, we recognise the challenges that families of disabled children face in getting the right support. In the past three months we have published the special educational needs and disabilities and alternative provision Green Paper, and the independent review of children’s social care published its final report. We will publish proposals to improve support for young people with disabilities and their families. Investments in family hubs and local health join-up will all improve support services for families of disabled children.

--- Later in debate ---

[Lord Touhig (Lab)]

My Lords, many of the ambitions in the SEND Green Paper are welcome and offer real hope to those of us who want reform. However, the proposal to allow parents of disabled children to pick a school only from a pre-defined list, rather than allowing them to specify one that meets their child’s needs, is plain wrong. I know many carers who have had to fight tooth and nail to get the right school for their child and this change will make it harder. I will ask the Minister one specific question: have the Government made an assessment of whether this policy, if adopted, could create even more barriers for families with disabled children than exist already?

[Baroness Barran (Con)]

I understand the spirit in which the noble Lord asked this Question. It is an extremely important one that families with disabled children all around the country are asking. He also hinted at the very confrontational system that we have at the moment. The point of our consultation is to understand and listen to families with disabled children. We have a big hill to climb to build trust and confidence with our families but we are absolutely committed to doing that.

Social Care: Children

Lord Touhig Excerpts

Wednesday 22nd June 2022 Lords Chamber

[Lord Touhig (Lab)]

My Lords, the SEND Green Paper said very little about social care, and the independent review the right reverend Prelate spoke about defers responsibility back to the same Green Paper. This has caused groups such as the Disabled Children’s Partnership to raise concern that reform of funding for disabled children’s social care will not be addressed. Will the Government ensure that this does not happen and that problems in disabled children’s social care will be resolved?

[Baroness Barran (Con)]

I am very concerned if the perception is as the noble Lord describes. I encourage those involved with particular expertise in that area to contribute to the consultation on the Green Paper, which is open until 22 July. Our ambition is clear: that we address the problems in the system comprehensively.

Skills and Post-16 Education Bill [HL]

Lord Touhig Excerpts

Report stage
Thursday 21st October 2021 Lords Chamber

[Baroness Chisholm of Owlpen (Con)]

I think we have all been in this Chamber for too long today, my Lords, and the brains are not working. But I do not do the scheduling; if I did, we probably would not still be here.

Group 14 is on essay mills and 16 to 19 academies. I will speak to Amendments 53 to 57, in the name of my noble friend Lady Barran. Contract cheating services have been a long-standing concern that your Lordships have rightly raised during the passage of the Bill. We have listened and I am pleased to bring these amendments to the House. I commend the noble Lord, Lord Storey, for his unstinting efforts to clamp down on essay mills, where unscrupulous online operators provide assignments and other pieces of work for students in commercial circumstances.

Essay mills threaten to undermine the reputation of our education system, devalue the hard work of those who succeed on their own merit, prevent students from learning themselves and risk students entering the workforce without the knowledge, skills or competence to practise. We have worked with the higher education sector to clamp down on essay mills and to support students who might be targeted by these services. The sector has made great strides to help students understand the gravity of cheating and tackle the problem of cheating services. But, despite this activity, cheating services remain prevalent, with the pandemic leading to a further increase in the number of sites targeting their services at students in England. Amazingly, over 1,000 websites are now listed on uktopwriters.com, a comparison site of essay mill companies.

Our legislation will make it a criminal offence in England and Wales to provide, arrange or advertise cheating services in commercial circumstances to students taking a qualification at a sixth form or post-16 institution in England or enrolled at a higher education provider in England. It will send a clear message that contract cheating services—selling essays to students—are not legal, acting as a strong deterrent to those operating these reprehensible services.

Government Amendment 58 provides the Secretary of State for Education with an order-making power to enable the designation of 16 to 19 academies as having a religious character. It also provides for the Secretary of State to make regulations about the procedures relating to the designation. In addition, it sets out the freedoms and protections relating to religious education, collective worship and governance that the designation provides. I first thank the noble Lord, Lord Touhig—my noble friend—for raising this important issue in Committee. Both the noble Lord and stakeholder organisations such as the Catholic Bishops’ Conference of England and Wales have been very helpful in their collaboration with officials. I am glad that we have come to this solution.

This amendment will ensure that, when existing sixth-form colleges designated with a religious character convert to become academies, they retain their religious character and associated freedoms and protections. It will also enable new and existing 16 to 19 academies to be designated with a religious character in the future. The Government are committed to supporting existing sixth-form colleges to be able to convert to academy status. I am pleased that a significant proportion of sixth-form colleges have already taken this step and are making a stronger contribution to strengthening the academies sector. This amendment means that the barriers which have prevented sixth-form colleges with a religious character from converting to become academies will be removed.

Government amendments 74 and 75 in my name are tactical and consequential amendments which would expand the Long Title of the Bill. They are a consequence of the government amendments relating to careers information and provider access, the banning of cheating services and the clause relating to allowing 16 to 19 academies to be designated as having a religious character.

We look forward to more sixth-form colleges becoming academies and strengthening the sector with their expertise. We also look forward to the creation of the new 16 to 19 academies with a religious character in the future. I beg to move.

[Lord Touhig (Lab)]

My Lords, I take note of the point made by the Minister and will not detain the Chamber for long. I am sure that colleagues have been here much longer than I have today—I have been elsewhere. I congratulate the Minister on her appointment and pay tribute to her predecessor, the noble Baroness, Lady Berridge, for her hard work on this Bill.

I will speak to government Amendment 58. My interest in the Bill arose because existing legislation prevents Catholic sixth-form colleges becoming 16 to 19 academies without losing their religious character. The colleges currently benefit from several protections set out in the Further and Higher Education Act 1992. These relate to issues such as governance, collective worship, religious education and many others, and they are vital to maintaining the Catholic ethos of these colleges.

Any sixth-form college can of course become a 16 to 19 academy. However, the definition of “school” in the Education Act 1996, as amended by the Education Act 2011, excludes 16 to 19 academies. This means that 16 to 19 academies are currently ineligible for the protections and freedoms needed to remain Catholic.

Catholic dioceses across England that oversee colleges have developed strategies to bring the Catholic community together by creating families of schools within multi-academy trusts. These strategies enable schools to work in partnership and share resources. Many other sixth-form colleges around the country have become academies and are benefiting from the advantages of academy status. The 14—yes, there are just 14—Catholic sixth-form colleges across England would like to gain this benefit.