Children and Families Bill

Baroness Walmsley Excerpts

Wednesday 30th October 2013 Grand Committee

[Baroness Wilkins]

My Lords, belatedly, I will speak to Amendment 118 and in support of Amendments 112, 113 and 114. I will be brief because most of what I was to say has been said. The aim of Amendment 118 is to improve accountability around the local offer by requiring local authorities to meet basic expectations around provision for children with special educational needs. This issue is particularly acute, as we have heard, for children with low incidence special educational needs because local authorities are often ignorant of the support that these children need.

A number of organisations, including the National Deaf Children’s Society, the RNIB and Sense, are concerned that the Bill is extremely weak on overall accountability, particularly on the local offer, with a system that relies solely on the parents of children with sensory impairments—many of whom are, as we have heard, busy being parents. A system that relies on them policing it across all 152 local authorities is not likely to deliver the significant change that many of these children need here and now. Other noble Lords have also spoken on the need for increased accountability.

[Baroness Walmsley (LD)]

My Lords, I have a few additional comments to make in support of Amendment 113, to which I have added my name. I reassure the noble Baroness, Lady Eaton, that in our amendment we do not seek a one-size-fits-all approach as far as local authorities are concerned. Of course we understand, and hope, that the provision made will vary from area to area, depending on the needs of the local population. We are simply looking for some commonality in the way the offer is expressed. The advantage would be that it would not just be helpful to parents in enabling them to choose between one local authority or another if they were able to move from one to another; there would be two other benefits.

First, it would deter a local authority from publishing a weak offer, because it would be very obvious that it was a weak offer. The “very little indeed”, as expressed by the noble Baroness, Lady Howarth, would jump off the pages if there were some commonality in the way that offer was expressed. Secondly, it would help policymakers because this is a very new system. Undoubtedly the Government will wish to monitor how it is going and assess where it is going well and where it is going badly, and whether the regulations need to be tightened up at some point in the future. It would be very much easier to do that if there were a common way in which the local offer could be expressed; otherwise, I can see civil servants spending months digging into all the different local offers, expressed in different ways, in order to dig out that information.

[Baroness Whitaker (Lab)]

My Lords, briefly, I would like to record my support for all these amendments, for all the reasons given. It seems to me that the very welcome reforms of the local offer remain quite insubstantial if there are no minimum standards and if there is insufficient transparency and no inspection. I recall the Minister’s letter to those of us who spoke at Second Reading on this point. He said:

“Regulations and the SEN Code of Practice will provide a common framework for local offers”.

I am worried that a common framework is really not specific enough. The draft SEN guidance is silent on the real monitoring of inspections. Without a power in the Act to achieve these, I should like to ask the Minister how the regulations are going to do the job which we have all been asking for. What is going to be in them?