Children and Families Bill

Debate between Dan Rogerson and Edward Timpson

Tuesday 11th June 2013 Commons Chamber

[Dan Rogerson]

The logic throughout what the Minister has set out has been about bringing together providers to offer one point of contact with families and young people affected. If, as the pilots continue and this policy is brought into effect, it emerges that it might be preferable for there to be some kind of unified appeal process, would there be the mechanism to bring that about subsequently through secondary legislation? Alternatively, for that to happen would it need to be in the Bill?

[Mr Timpson]

My hon. Friend makes a point about the importance to the parents and the young person of having a single point of access into any complaints procedure. That is why we are looking at how there can be a single point of interface for them, providing them with the information and navigation they require to find themselves in the right part of that complaints process. Clearly, as my hon. Friend the Member for South Swindon said, there are tribunal rules in place and there are always practical ways in which we can look at trying to enmesh more clearly together the various strands in the complaints mechanisms. We need to develop that through the pathfinders and, as we hopefully reduce the number of cases that end up in the tribunal system, see whether that has had an effect. We will keep that under close review.

New clause 24, tabled by the hon. Member for Washington and Sunderland West, was discussed in Committee, following which I wrote clarifying what information was already published. The effect of the new clause would be that details were published by individual case. It would not be appropriate to publish information that could identify details of private cases. Clearly, we want to reduce contention. Publishing information on individual cases is likely to extend the contention beyond the delivery of the tribunal’s judgment.

Information would have to be published on the tribunal service and authorities’ costs, and that raises the question whether information would also have to be published on the relative complexity of cases to justify what may be a proportionate expense. The wish to publish information on the cost to authorities may be based on the misapprehension that authorities usually engage legal representation. The most recent figures show that authorities were legally represented at only 15% of hearings, and in most cases authorities would just be providing information on officer time costs. Publishing seemingly simple information on costs without proper context may well lead to greater confusion, therefore, but I have no doubt that the hon. Lady will want to return to that area in due course.

New clause 8, tabled by my hon. Friend the Member for Torbay, and amendment 65, tabled by the hon. Member for Walsall South (Valerie Vaz), both concern children with health conditions. It is right that every child with a long-term health need is entitled to a high-quality education. Their needs must be identified and addressed promptly, so that they can achieve their full potential. Imposing further statutory duties on schools to ensure that is not necessarily the answer, however.

The right hon. Member for Wentworth and Dearne (John Healey), in a powerful and passionate speech, demonstrated an acute knowledge of life as a Minister and the response that he was likely receive as to current provision. The Education Act 2002 already places a duty on the governing body of a maintained school to promote the well-being of pupils and, as the right hon. Gentleman said, schools are already under a duty through the Equality Act 2010 not to discriminate against pupils with long-term health problems that have an adverse effect on their ability to carry out their normal day-to-day activities. Nor should we require schools and further education institutions to request an EHC assessment for everyone with epilepsy or a related condition.

In a recent written answer to a parliamentary question, I announced that the “managing medicines” guidance would be issued this year, which will further clarify schools’ responsibilities. I am confident that it will address the right hon. Gentleman’s concerns. However, I take what he said extremely seriously and will look closely at the details of what he and others have proposed. I would be more than happy to discuss these matters with him as we consider how we can improve practice in our schools, some of which is still below the level that we should be seeing. We know from figures cited by my hon. Friend the Member for Torbay that the number of children affected by conditions that require support in school is not small, so every effort needs to be made to improve practice on the ground.

Oral Answers to Questions

Debate between Dan Rogerson and Edward Timpson

Monday 4th March 2013 Commons Chamber

[Mr Timpson]

I am aware of the Contact a Family report, which was completely right to emphasise that schools should act lawfully and follow the correct procedures. Ofsted has an important role to play in this regard and, with the new criteria on behaviour and leadership, it will look carefully at where illegal exclusions are taking place, will take them seriously and will take them into account when making its overall judgment on a school’s performance. Our trials in 11 local authorities will give a greater incentive for schools to think carefully about what happens after they exclude a pupil and they will have to take greater responsibility.

[Dan Rogerson (North Cornwall) (LD)]

I am grateful to the Minister for setting out how those trials are proceeding. Has he any information to share with the House on how the new process for dealing with exclusions is following on from the Education Act 2011?

[Mr Timpson]

My hon. Friend will have heard me refer to the new statutory guidance, which we issued last September, and the new code of practice will strengthen the arrangements for dealing with children with SEN to make sure that there is a clear focus on ensuring that no illegal exclusions take place in future. I am happy to discuss that with him if he wishes to do so.