Children and Families Bill

Baroness Eaton Excerpts

Wednesday 30th October 2013 Grand Committee

[Baroness Hughes of Stretford]

My Lords, I shall speak to Amendment 112, standing in my name; to Amendment 118, tabled by my noble friend Lady Wilkins, to which I have added my name; and to Amendment 114, tabled by the noble Lords, Lord Low and Lord Ramsbotham.

All the amendments reflect the strong view that the local offer should be strengthened to ensure that it is a statement that parents, children and young people can rely on and for which, particularly—the noble Lord, Lord Low, stressed this—the local authority can be held accountable. In order to do this, the amendments would create the minimum standards that have been called for both by the SEN sector and by the Education Select Committee.

It is right to acknowledge that in the lead up to the Bill arriving in this House, and, indeed, while it was in the other place, there was considerable debate across the sector as to whether minimum standards for the local offer were a good idea. People tried to evaluate the impact of having minimum standards or not. It is also fair to say that the broad and strong consensus now is that minimum standards are necessary to ensure reliability and accountability, otherwise there is a danger that we may end up with a postcode lottery of services. Again as the noble Lord, Lord Low, said, this is not about being prescriptive with local authorities but rather ensuring that no child or young person is left behind or suffers from a poorer service because of where they live.

The Government have said, and probably will say again, that they feel that minimum standards will create a race to the bottom, that they will constrain parents’ and young people’s ability to influence the local authority to increase service provision, and that that is to be avoided. The opposite is true. Equally one could argue that if you do not set a minimum there is a risk that councils will deliberately weaken their offer and undercut other councils to avoid families moving in because of resource constraints. There is a real risk that the quality of service locally will be entirely dependent on budgets and will be reduced.

Some organisations within the sector, for example, the RNIB, NDCS and Sense, have said that in the absence of any expectations on minimum standards, local authorities with better provision could reduce it in line with poorer neighbouring provision, and that too many services—I agree with this—are already at the bottom or below what parents should reasonably expect. The Government should move on this.

[Baroness Eaton (Con)]

My Lords, I seem to be a lone voice in the Committee today as I support Clause 30 in its current form. We should resist making any further amendment to the clause that would make the measures more prescriptive than they are already. To do so would needlessly hinder local provision for local issues that are not foreseeable from a national point of view. I therefore cannot support Amendment 118 and the others in the group which seek to introduce minimum standards for the local offer.

It is of concern to me that by introducing central prescription we would reduce the flexibility of local authorities to allow for local solutions. Government departments are unable to see the detail that is based on the daily contact and conversations with parents and young people and are unable to respond to individual and local needs. They cannot do that in the way that a local authority can. With a variance in funding for education, including SEN provision, across the nation’s local authorities such prescriptive measures could damage in a very real way the ability of local government to cater for the needs of local residents.

SEN provision varies between local authorities due to the nature and size of the local population, with greater needs for levels of service in some areas and much less requirement in others. By allowing local authorities to control their own provision, which these amendments would restrict, those authorities will be better able to provide those required specialist services. I always think of the example of a child with severe autism, who may require ballet lessons which would not be part of an offer. If a local authority is stretched to provide financial support for the things that it has to do, this removes its flexibility to deal with individuals on the basis of their need.

A serious concern regarding these amendments is that they would place duties on local authorities to secure a minimum level of health provision, when the body responsible for this is not the local authority but the National Health Service. It is entirely understandable that local authorities should be very wary of being responsible for provision over which they have no direct control. I agree with the references made earlier to the Minister’s view that too much prescription can severely limit flexibility and innovation in service provision.

We often heard negative comments today about local authorities’ provision. There is of course always room for improvement but with so many good quality provisions being made and so much work going on with parents and children in local authorities, our view should be that the aim of local authorities in this area is to provide a good service. We should not set expectations at a level that just will not be available but allow flexibility, and allow local authorities to create the right services for the people in their locality.

[Baroness Howarth of Breckland]

My Lords, the noble Baroness, Lady Eaton, is not alone in having some reservations about setting minimum standards as they may well stifle innovation and individual programmes. Perhaps more thought could be given between now and Report to how we ensure that local authorities provide a range of services. I know that the code says quite a lot about this. My great worry is that if you do not have something which can be inspected and monitored, and an expectation of a range of services, some local authorities might end up with very little indeed in their local offer—and it will be a postcode lottery. There is a real dilemma in how you maintain that flexibility yet ensure that families have something they can turn to which is monitored by either Ofsted or the Care Quality Commission. It would be quite useful to give some thought to this between now and Report so that we can come up with a better solution than a rigid framework, but with something ensuring that the services are there.