Children in the Social Care System: England

Debate between Ben Coleman and Peter Swallow

Thursday 3rd September 2026 Westminster Hall

[Peter Swallow]

My hon. Friend gives me the opportunity to reference another report that the Human Rights Committee undertook, as pre-legislative scrutiny of the Mental Health Act 2025. We very much looked at this issue, and particularly the issue of vulnerable young people being placed on adult mental health wards, and urged changes at that point.

It is absolutely the case that vulnerable people who are care-experienced and are also facing mental health crises face a double vulnerability, which heightens the duty of the state to those individuals even further. Some of the measures we have suggested to reform the rights of disabled children can absolutely play a part in that.

I will also highlight something that I did not get a chance to mention. There are recommendations in the report to strengthen the complaints system, including by making sure that there is no wrong door when a care-experienced young people is making a complaint and that they all have an opt-out right to a legal advocate. That would go some way to making sure that children, particularly those facing a mental health crisis, have an advocate in the way that is also envisaged in the Mental Health Act 2025. I hope that if the Government listen to some of the recommendations in the report, we can go some way to addressing the very real concerns that my hon. Friend has raised.

[Ben Coleman (Chelsea and Fulham) (Lab)]

In my constituency, the care-experienced young people who live in Fulham benefit from the fact that the council recognises care-experienced as a protected characteristic. That means that council housing teams and schools and recruitment processes inside Hammersmith and Fulham have to actively check that their decisions do not disadvantage care leavers. They have to track outcomes, and care leavers have the right to recourse. Currently, this only happens if decent councils such as Hammersmith and Fulham choose to do so. Is there an argument for pressing the Government to make care-experienced a protected characteristic in law?

[Peter Swallow]

I thank my hon. Friend for raising that point; it gives me another opportunity to place on the record again my thanks to everyone who hosted us in Leeds and York, where we saw some fantastic work being done to support care-experienced young people. I know that that is replicated in councils across the country, including, may I say, in Bracknell Forest, whose children’s social care services were recently rated outstanding by Ofsted—I got the local plug in there. I pay tribute to all those working tirelessly to support children in the social care system. The shortcomings I have highlighted today in no way take away from the many people who have dedicated their working careers to supporting the most vulnerable in our society.

My hon. Friend makes a very interesting point. Making care-experienced a protected characteristic in law is something that we explored as part of the inquiry. The responses that we received on that point were mixed. Some felt that that would be singling care-experienced children out in some way, when in reality what they were hoping and asking for was to be treated no differently from anyone else, so that as they enter adult life, they can leave behind the fact that they are care-experienced and go forward with their lives.

Others felt that the proposal would be beneficial. The evidence was mixed. If I remember correctly, I think we settled in the report on not having that as a recommendation —I will correct the record if I am wrong, but I think that was our decision. It was something we considered, though, because it is something that is raised, and it is interesting to hear that it has worked well in my hon. Friend’s local area. That shows that sometimes these solutions should be locally based.

SEND Provision and Reform

Debate between Ben Coleman and Peter Swallow

Monday 13th April 2026 Commons Chamber

[Ben Coleman]

My hon. Friend makes an excellent point, and I am glad his local area has received that investment. Indeed, the two boroughs in my constituency of Chelsea and Fulham will get a 10% increase in SEND funding for next year to support new, dedicated SEND spaces in every secondary school. That sort of thing is happening across the country, and it is absolutely right that it should.

These are real commitments, seriously made: nearly £4 billion for school improvements, new therapists and specialists, and better teacher training; the new individual support plans for every child with SEND; and the EHCP and tribunal rights being retained for those with the most complex needs. All are seriously made commitments, and I welcome them, but I have to say that questions none the less remain—some of them have been raised today. I have just three questions for the Minister, and the first relates to enforceability. If a school fails to deliver what is written in a child’s individual support plan, I do think parents need a clear legal route to resolution.

[Peter Swallow]

I recently hosted an open meeting with parents on these reforms. Although there was widespread welcoming of much of what is in the White Paper, they urged that real, sustained change should happen. One concern was about the enforceability and accountability for ISPs, what would happen if a school was not delivering what was needed to support a child, and where that accountability would fall.

[Ben Coleman]

My hon. Friend makes a very good point. There has been talk about a beefed-up school complaints process. I do not think that will be sufficient, and I ask the Minister to consider extending the remit of the local government and social care ombudsman to provide a binding route—a statutory backstop—to resolution when schools and other settings fall short.

My second question is about health and social care co-ordination. This is where the White Paper is perhaps most silent, and where the current system is most visibly broken. As has been mentioned, the Health and Social Care Committee, of which I am a member, recently examined how the health aspects of EHCPs are being delivered, and the result was depressing. One of the biggest problems is that integrated care boards and local authorities simply do not jointly commission children’s therapy services. Back in 2014, a truly joined-up education, health and care plan was exactly the ambition that was being strived towards, but Health never fully showed up and the then Government allowed it to get away with that for years. We now have to tackle that, and witnesses to our Committee urged that the Government mandate local authorities to have representation on ICB decision-making boards. Is the Minister prepared to give that serious consideration?

Finally, children with SEND spend most of their lives outside the classroom, cared for by parents, who receive remarkably little support. Will the Minister commit to a clear, published expectation that health and social care will provide families with the information, guidance and practical support that they need?

The White Paper shows that the Government understand that the system is broken and are prepared to invest. Success is going to depend on many things, including whether Health finally shows up, whether ISPs are properly enforced and whether families get the support that they need. I have every confidence that this Government are going to carry on doing the right thing, and I look forward to improving the lives of disabled children and young people, and their families.