Children’s Services

Bill Esterson Excerpts

Wednesday 30th January 2013 Westminster Hall

[Angela Smith]

Transport is extremely important, as my hon. Friend points out, but so is the consistency of the service. Having the same driver, routine and route to school is often incredibly important for children, particularly those with autism, for example. There are issues with consistency of service and central Government funding for local government to ensure that such services are consistent and of a high quality.

[Bill Esterson (Sefton Central) (Lab)]

My hon. Friend mentioned the impact of funding cuts, which are of particular concern, given the additional responsibilities that will be pushed on to local services by the Government through the legislation. She will share my concern that extra services will be demanded and local authorities will need to put on those extra services, but the money will not come with them. At a time of pressure, that will make it even harder for the families she described.

[Angela Smith]

My hon. Friend makes a crucial point. When local authority budgets are being reduced significantly, we may see the expectations on local authorities quite rightly increase in relation to disabled children and children with SEN. I will be pleased to hear the Minister’s response on that point. In Sheffield, £1 in every £3 is being cut from the council budget by central Government. Something has to give somewhere.

Frustrated at not being able to access support, some parents find that the only way to gain the help they need is to go through the formal process of getting a statement for their child. For too many, that process involves navigating their way round a very complex system, characterised by a lack of information, poor support and negative attitudes. Indeed, “banging our heads against a brick wall” is a phrase my constituents use time and time again when talking about the challenges they face to get the support they need. All too often, they feel that they have to be persistent and tireless if they are to get the services they need, and they often feel that only articulate families or those who shout the loudest—middle-class families—are successful in accessing services.

The Government have said that their reforms to SEN provision will reduce the adversarial nature of the system, putting an end to the frustration at having to fight to get the support families need and deserve. The former Minister with responsibility for children, the hon. Member for Brent Central (Sarah Teather), said that the proposed children and families Bill would put an end to the unacceptable situation in which thousands of families

“are forced to go from pillar to post and face agonizing delays and bureaucracy to get support, therapy and equipment.”

I welcome the intention behind the Bill. I particularly welcome the requirement for local authorities to publish a local offer to better enable families to find the education, health and care support that they need. I also welcome the duty on local agencies to jointly plan and commission services for disabled children—it is long overdue.

Too often, families feel that their child, and indeed the whole family, has been compartmentalised, with local agencies failing to see the whole picture of what is needed to support them. One of the most common refrains I hear from my constituents is that children are not seen as individuals and that services fail to see them as individuals and families.

[Bill Esterson]

My hon. Friend is right. Bringing together education and health in the plans is a positive move. The concern presented to the Select Committee on Education in evidence, when we conducted pre-legislative scrutiny, was about what happens at the thresholds. What happens to those people on the borderline who have low or medium levels of need? I am sure that she will touch on that concern and I know that the Minister is aware of it. It is one of the key issues around statementing.

[Angela Smith]

I was the cabinet member for education in Sheffield, and low incidence need is an area of SEN that has long been neglected. My personal view is that children with low incidence needs—dyscalculia, dyslexia and such heath conditions as diabetes and asthma—are often not given the care and support that they should receive in the education and health systems. Movement on that score is and will be very welcome, but we must scrutinise carefully what the Government are proposing, because this is a great opportunity to get it right.

The Government’s proposed reforms to SEN provision are well intentioned, as I have just said, but I cannot help feeling that they very much lack the ambition truly to improve the support available for families with disabled children and children with SEN. I hope that the Minister will prove me wrong on that point when he responds.

In its pre-legislative scrutiny report, the Education Committee said:

“The importance of getting the Local Offer right cannot be overstated.”

The local offer is designed to set out which services are available to support children and young people with SEN and their families, reflecting those services that can be made available from within existing local resource, but that only reinforces the status quo. Where is the vision to improve both the quality and the availability of services? Rather than reducing the adversarial nature of the system, the reforms in the proposed Bill might actually increase the battles faced by parents with disabled children and children with SEN, with the onus being placed on them to ensure that services meet the needs of their children.

--- Later in debate ---

[Mr Timpson]

That is a sensible approach and one that we share. As is illustrated in the Green Paper, the redrafted Bill following the Select Committee’s pre-legislative scrutiny, and the subsequent regulations in the code of practice, the whole purpose behind many of these reforms is to put parents and young people at the heart of the whole process—before the assessment and through the assessment, the delivery of service and any redress that follows. That can be done on an individual basis and also with the help of professionals. It can also be done through existing groups such as parent carer forums, which can be a powerful voice for parents in their local area.

The Bill will strengthen the role of young people in the system, which is hugely important. We will move to a single system for those aged nought to 25 with a more co-ordinated assessment and joint commissioning, and increase the opportunities for young people over the current age requirement to take their own case to tribunal where their request for an assessment has been refused. We will also pilot a scheme for children to take forward an appeal if they feel that they have not been provided with everything that they require. That is a huge advance in ensuring that this system moves away from the huge barriers which the hon. Lady rightly referred to in her speech. Too many parents are still finding obstacles in their way, too much duplication of information and that they are having to retell their story again and again. We need to get away from that and have a system that has parents and young people at its heart from the start, rather than when it is too late and when there is too much division between them and the services that should be there to support children.

[Bill Esterson]

What the Minister is saying is absolutely right; I think we all agree with him. But without the additional resources, and given the constraints on local authorities because of the funding problems that they already have, will this be deliverable? That is a very grave concern for local authorities.

[Mr Timpson]

The overall spending on special educational needs is consistent; about £5.7 billion is being spent across local authorities. Clearly, other services fall outside that funding envelope. What we are seeing from the pathfinders, particularly with the onset of personal budgets, is that there is a much better way of bringing together services so that they can co-ordinate their response. Not duplicating efforts means that there can be a more efficient and effective provision of the service that the individual child needs.

The hon. Lady raised the issue of transport. That will be contained in the local offer, so it will be clear to parents and young people what the opportunities are for accessing transport. One pathfinder has demonstrated the power of personal budgets in that regard: in the East Riding area, a group of parents have pooled their personal budgets to provide a mode of transport on which they can all rely, which is far more cost-effective and puts them more in control of the arrangement.

Mr Sheridan, I am conscious that I have only 40 seconds left and there are many issues that we have not managed to cover. None the less, I welcome the hon. Lady’s broad support for the direction of travel of our reforms. When the Bill is finally published and we take it through Parliament, I hope that she will see that I have taken time to listen to many of the aspects that she has raised today and to the concerns of parents and others, and that I have taken on board much of what the Select Committee has said to get the proposed legislation in as good a state as possible. However, I recognise that this is about not just the legislation, but the culture change that we need, and we are determined to make that happen.