Children’s Services

Debate between Angela Smith and Annette Brooke

Wednesday 30th January 2013 Westminster Hall

[Angela Smith]

I was the cabinet member for education in Sheffield, and low incidence need is an area of SEN that has long been neglected. My personal view is that children with low incidence needs—dyscalculia, dyslexia and such heath conditions as diabetes and asthma—are often not given the care and support that they should receive in the education and health systems. Movement on that score is and will be very welcome, but we must scrutinise carefully what the Government are proposing, because this is a great opportunity to get it right.

The Government’s proposed reforms to SEN provision are well intentioned, as I have just said, but I cannot help feeling that they very much lack the ambition truly to improve the support available for families with disabled children and children with SEN. I hope that the Minister will prove me wrong on that point when he responds.

In its pre-legislative scrutiny report, the Education Committee said:

“The importance of getting the Local Offer right cannot be overstated.”

The local offer is designed to set out which services are available to support children and young people with SEN and their families, reflecting those services that can be made available from within existing local resource, but that only reinforces the status quo. Where is the vision to improve both the quality and the availability of services? Rather than reducing the adversarial nature of the system, the reforms in the proposed Bill might actually increase the battles faced by parents with disabled children and children with SEN, with the onus being placed on them to ensure that services meet the needs of their children.

[Annette Brooke (Mid Dorset and North Poole) (LD)]

Will the hon. Lady give way?

[Angela Smith]

I will take one more intervention, but I will then stop taking any others.

[Annette Brooke]

The hon. Lady is absolutely right that we want to avoid the adversarial conditions of the past that have worn down whole families. Does she agree that it would be helpful if the Minister outlined what redress there is for parents who do not get adequate services?

[Angela Smith]

I take the hon. Lady’s point. Ambitious about Autism is pressing for the right to appeal to be included in the proposed Bill, but I want to state that it is important for services to be right in the first place. A problem with the current system is that the right to appeal in the tribunal process is exactly one of the reasons why parents find the system so difficult. At the moment, I do not think that services are meeting the needs of parents when the first offer is made to them in relation to their children. The constant obstacles and hurdles that parents have to go over to get where they need to be is the most depressing part of the SEN process.

Is it any wonder that people are so lacking in faith about what the Bill contains, given that a former Minister has openly stated that children and families policy is simply “not a priority” for the Secretary of State or the Department for Education? Unsurprisingly, the disability sector is worried that insufficient attention is being paid to a proposed Bill, the title of which comprises the words “children and families”. This concern is increasingly turning towards the development of the local offer, as is illustrated by the lack of detail and clarity in the Bill about that. Will the Minister confirm that the development of the local offer is being sufficiently prioritised by his Department?

That relates to the point that I previously made. Services must work really hard to ensure that they get the local offer right first time—when parents need to put support in place for their children. We do not want parents to have to battle against inadequate offers that may be made to them by local services. If the local offer is not of a high quality, families will continue to have to battle to get the services they need and the Government will have failed in their ambition for the proposed Bill.

There are widespread calls for the local offer to be strengthened. For example, Scope has called for a “provide local principle” to be introduced to place a clear duty on local authorities to ensure that local services—schools, playgroups, children’s centres and leisure centres—are inclusive and accessible for families with disabled children and children with SEN. That would ensure that where those services do not already exist, there is a duty on local agencies to commission and guarantee the delivery of them. Many feel that it is only through bringing about a cultural change in local authorities, with local councils and service providers thinking differently about the services they commission and run, that a step change in provision can be initiated. Such a cultural change is needed now more than ever.

I have already referred to the strongly worded pre-legislative scrutiny report from the Select Committee. Colleagues on the Committee have recommended that the Government strengthen the local offer through the introduction of minimum standards or a national framework, which I strongly support. Does the Minister have any plans to implement such a national framework or minimum standards? A commitment from him that the Bill will include such proposals would go a long way to alleviate the many concerns held by families with disabled children and by the organisations that represent them, as well as by many local authorities.

There is no doubt that local authorities face immense financial constraints, which means that many services for the disabled are being cut. That is particularly being done through tightening eligibility criteria, which means that people with lower-level needs are losing support. It is therefore imperative that the local offer meets the needs of children with less complex needs—that was pointed out by my hon. Friend the Member for Sefton Central (Bill Esterson)—notably, the 1.3 million who have SEN, but are not eligible for a statement. The needs of those children cannot merely be met by, as the Minister has stated,

“improving teaching and learning for all”.—[Official Report, 12 December 2012; Vol. 555, c. 304W.]

For example, many of those children have distinct difficulties, such as speech and language problems, which require specialist attention that cannot be provided by mainstream teaching alone. I have personal experience of that, and it relates exactly to my point about having to go over all the different hurdles that are in the way of getting the right support.

Many of those children currently receive support from the school action and school action plus programmes. The Government have announced that those programmes will be scrapped, which has created huge fear and uncertainty among parents, who simply do not know what support will be available for their children. The Education Committee highlighted that as a key concern. Will the Minister clarify exactly what support will be available for the 1.3 million pupils with SEN who do not have a statement, particularly those who currently receive support under the school action and school action plus programmes?

When the Minister gave oral evidence to the Education Committee, he stated the importance of ensuring that there is a strong local accountability mechanism for the local offer. That is extremely important for families with disabled children, and will be crucial to the success of the local offer. With plans to replace the school action and school action plus programmes with a single school-based category, there is an increased need for a strong local offer, as such children will be reliant on the universal services outlined in the offer. It is therefore crucial that families are able to hold local authorities to account for the delivery of the services described in the offer.

Ministerial responses affirming that the introduction of a local offer will “inevitably...prompt discussion locally” offer alarmingly little reassurance for families. Indeed, in the proposed Bill, the Government are relying on parents to create accountability for services within the local offer, which they could well do without. At the moment, parents already have to battle and struggle—and become demoralised—to get things right for their children. We do not want to replace one system with another that puts in place a different set of obstacles and hurdles. Parents will be forced to go from individual service to individual service to complain about inadequate local provision, or they will themselves have to examine local offers from neighbouring authorities to identify services that are missing in their area. That is not acceptable: it might lead to a deterioration in standards, and will not provide adequate accountability.

I want to end with a comment from Joanna, whose son has Down’s syndrome:

“I am not naive and I don’t expect services to exist just for me, or facilities to be for my convenience. The frustration comes from the possibility of services being made easier; the facilities are already there...but are out of my reach.”

No one disagrees that the battles faced by parents such as Joanna are unacceptable. I hope that the Minister will think that this a timely opportunity, before Second Reading of the proposed Bill, to answer some important questions. Lots of people, including parents of disabled children and children with SEN, are closely watching this debate, and I urge him to seize this opportunity to break down the barriers to accessing the services that those families so desperately need.