Children and Families Bill

Baroness Richardson of Calow Excerpts

Tuesday 2nd July 2013 Lords Chamber

[Baroness Richardson of Calow]

My Lords, I shall confine my remarks to Part 3. I have a personal interest in this. Out of my nine grandsons, three have special needs—one is severely dyslexic, and two are autistic, both in the same family. My daughter is currently involved in a tribunal with her local authority to try to secure a place that would meet my grandsons’ profound needs. I welcome this Bill. I think that it has the potential to provide for my grandchildren and many others and may be very beneficial in their progress towards independent and productive adulthood.

There are many things in the Bill that I believe are very good. I greatly welcome the holistic approach to education, health and social care needs, recognising that they are interdependent. I hope that this will provide an opportunity not to cease some of the therapies that are so important in special needs, such as speech and language and occupational therapy, but instead to recognise that they are essential—not add-ons to the care that is provided.

There are some phrases in the Bill that I think are very important. I like the reference to children’s well-being and I am very taken by the reference to the contribution that children and young people make to society. This does not just work in one direction. The extension of funded education and care to 25 is of course extremely important, as is the duty of local authorities to keep their provisions under review.

I appreciate the fact that, under local offer, although I have some questions about it, the publication of information and advice will relate to life beyond formal schooling and include,

“finding employment … obtaining accommodation … participation in society”.

I welcome the fact that the local authority has an obligation to publish the comments that children and young people make about its services. I welcome that,

“the best possible educational and other outcomes”,

must be looked for, although these are not specified.

Like many others, I have one or two particular concerns. There is little in the Bill that relates to the provision beyond age 18 other than that it will be supported if the education, health and care plan is still in place. The aspiration is fine but there is little about how provision of special education after 18 will prepare disabled young people for responsible and independent adulthood, and how that is to be achieved given the challenges that they face.

There are a number of issues around the discontinuance of a plan. There seems to be an expectation that it will be looked at carefully rather than that it will be continued if at all possible. A number of clauses, as other noble Lords have mentioned, say that a local authority,

“must have regard to his or her age”.

I think that that needs to be looked at again. Proper recognition needs to be given to the fact that young people with special needs may take longer than others to learn life skills. Some will need to have prolonged absences from school or to try different environments in which to learn as they make their transition into adulthood. I want an assurance that chronological age will not be given too much weight in making decisions about maintaining the education, health and care plan and that no one will be discouraged from continuing in education or have that questioned severely on the grounds only of cost. The thrust should be towards encouragement rather than discouragement. I noted, as others have, that young people with autism benefit greatly from further education but that only one in four access it.

Also on the discontinuance of a plan, I would like some clarification of a phrase in Clause 45(3), which says that a local authority,

“must have regard to whether the educational outcomes specified in the plan have been achieved”.

I do not really understand what that means. Does it mean that if the educational outcomes have been achieved, there is no further need for any care? Does it mean that if they have not been achieved, no further care will be given? Is it positive or negative? That part of the Bill perhaps needs to be questioned. I would also question, when we come to it, why Clause 47 says that the local authority “may make provision” to transfer a plan “to another … authority”. There is no obligation on a local authority to continue to support someone whose needs are best met in another educational authority.

I return briefly to the local offer. As has been said, the only obligation is to provide advice and information. No duty is imposed to provide the services, only to review and revise the information. The Bill seems to provide a good opportunity for the enforced provision of inclusive and accessible services for all disabled children, and to offer them the right to participate. Is there an intention to provide this? The Bill is a really good start but I hope that it can be strengthened as it goes through the House.