Children and Families Bill

Baroness Harris of Richmond Excerpts

Monday 4th November 2013 Grand Committee

Relevant document: 7th, 9th and 11th Reports from the Delegated Powers Committee and 3rd Report from the Joint Committee on Human Rights.

[The Deputy Chairman of Committees (Baroness Harris of Richmond) (LD)]

My Lords, if there is a Division in the Chamber while we are sitting, this Committee will adjourn as soon as the Division Bells are rung and will resume after 10 minutes.

Clause 36: Assessment of education, health and care needs

Amendment 128A

Moved by

--- Later in debate ---

[The Deputy Chairman of Committees]

My Lords, if Amendment 137 is agreed, I cannot call Amendment 138 by reason of pre-emption.

[Baroness Sharp of Guildford (LD)]

My Lords, I shall speak to Amendments 138, 146, 166, 174, 205AA and 205AB, which are all in my name and in this group.

Amendments 138, 146, 166 and 174 pick up the issue spoken about by the noble Lord, Lord Touhig; namely, they are about age and the wording that one sees in, for example, Clause 36(10). Rather than eliminating Clause 36(10), we seek to replace,

“have regard to his or her age”,

with,

“ensure that he or she will have sufficient time and support in education to make a successful transition to adulthood”.

There is in fact a slight mistake in the Marshalled List, which reads “transfer” rather than “transition”. The amendments have the support of the Association of Colleges, Ambitious about Autism and the Association of National Specialist Colleges, Natspec.

The view of those organisations, and my view, is that the Bill genuinely wants to ensure that young people with special educational needs have all the opportunities that they need to get the best out of education. The publicity around it has made much of the nought-to-25 system that is being introduced. It has also made much of the need for personalisation, which the amendments reflect. The aim of the amendments is therefore to ensure that the individual needs of the young person are recognised through the planning process, and that decisions about continuing their learning are made on the basis of need rather than an artificial link to their age.

One of the points mentioned by the noble Lord, Lord Touhig, is that there has been something of a tendency to think that, because the ages 18 and 25 are mentioned, these are the appropriate points rather than anywhere between those two ages. We are concerned that parents will feel that they have to battle to get a place beyond 18 in order that their son or daughter may stay until they are 25, setting up perhaps inappropriate expectations that they will continue through to 25 when it might be more appropriate for them to move into looking after themselves at an earlier age.

There are many reasons why a young person with special educational needs might need to be in education beyond the age of 18. Their learning difficulty may mean that they take longer to learn, practise and consolidate their skills. They may need additional time to become more autonomous learners, moving away from a situation where support is very hands-on to support that promotes their independence. They may need to learn how to use technology that can support this autonomy. Young people with special educational needs often mature later than their peers, and it is not until they move into a more adult environment that they really make a step towards more effective learning and taking on greater responsibility.

They may acquire the information and understanding to make informed choices about their future only once they have moved beyond school. Take, for example, the case of Chris, who has Asperger’s syndrome and major communication issues. He switched to college at the age of 16. In supported learning at college, Chris gained the confidence and skills required to progress into mainstream education. He has completed the bronze Duke of Edinburgh award, which he started when he first joined the college. He also started, in supported learning, on a next steps course for two years, progressed to a level 1 foundation course in IT, has steadily worked his way through level 2 and level 3 and is now completing his UCAS statement, with the aim of going to university next September.

Time spent to ensure that young people are well prepared to move into adult life pays dividends for them, their families and, ultimately, for the public purse. The National Audit Office report, Oversight of Special Education for Young People Aged 16-25, which was published in November 2011, stated:

“Equipping a young person with the skills to live in semi-independent rather than fully supported housing could, in addition to quality-of-life improvements, reduce these lifetime support costs by around £1 million. Supporting one person with a learning disability into employment could, in addition to improving their independence and self-esteem, reduce lifetime costs to the public purse by around £170,000 and increase the person’s income by between 55 and 95 per cent. If properly focused and effective, therefore, investment in special education should provide long-term returns”.

I cite the example of Shaun. Shaun first studied on an ACE course, which is a transition programme, at college. He had very low self-confidence and complained about being bullied. Although matters were resolved, Shaun requested a move to another college. Shaun started off very quietly at the new college, but gradually built up his confidence and became more sociable and responsible through the year. After completing his year on the ACE course, he was confident enough to join a mainstream course. He then completed an entry award in motor vehicles, went straight into full-time employment in motor vehicles and is now self-supporting.

This set of amendments ensures that local authorities and others taking, or helping to take, decisions on behalf of those young people will focus on outcomes that support the transition to adulthood—the point made by the noble Lord, Lord Touhig. There is much evidence to show that a successful outcome is linked to an effective learning programme geared to the needs of the young person, not artificially linked to age. I believe that that is the basic intention behind the Bill and, in that respect, this set of amendments is wholly in line with it. I very much hope that the Minister will be sympathetic to them.

Amendments 205AA and 205AB relate to Clause 66, which enables the Secretary of State to collect and publish information on children and young people with special educational needs who are under the age of 19. The amendments would extend that provision to the age of 25. Once again, it is a question of recognising that many young people with special educational needs need help and support through to 25. If the Government are genuine in their intention to create a comprehensive nought-to-25 system, it must include arrangements to monitor the outcomes for 19 to 25 year-olds. Indeed, the success or otherwise of the Government’s policies in this area will ultimately be accurately and appropriately measured only in the education, employment and independent living achieved by young people in that age group.

Officials have suggested that the reluctance to include 19 to 25 year-olds is driven by a desire not to increase administrative burdens on colleges, which is a particular policy concern of the Department for Business, Innovation and Skills. However, the Association of Colleges, which has asked me to table the amendments, has stated its willingness for the age range to be extended. It is not clear that the extension would necessitate any new data collection, as it asks only that colleges report on existing data collected under the individualised learning record.