Autism

David Burrowes Excerpts

Tuesday 20th November 2012 Commons Chamber

[Jonathan Reynolds]

I absolutely agree with my right hon. Friend. I also agreed with the hon. Member for South Swindon when he said that the current system was not working as it should. I understand why local authorities are reluctant to award legally binding entitlements. They are concerned about how they will pay for them. The underfunding of local authorities at the moment is a scandal, but that is another debate.

When a parent needs support for their child, nothing other than the support that they require will do, as I think we can all recognise. There is some wonderful specialist provision in this country—when it can be accessed. Last September, my son transferred from mainstream education to a special school that is outstanding. To know, as a parent, that one’s child is finally getting the support that they need is an indescribable feeling, but our mission must be to ensure that more parents know that feeling.

The main point I want to raise concerns parents’ rights, and I shall also talk about the length of time during which we support young people with autism. The Minister will be aware of the concerns raised by some parents that the draft Bill, rather than extending parents’ rights, gives the impression of wanting to cut them. Parents need the continued right to request statutory assessments and to have statutory time scales for receiving them. I understand that the Government have given evidence saying that they do not want to diminish these rights, but feelings are running high on this issue. Rumours abound that, in some areas, local authorities are receiving training that might allow them to refuse assessments to children of average cognitive ability. This would completely exclude from the system children with Asperger’s syndrome and those with dyslexia or visual or hearing impairments. I would be grateful if the Minister could provide some assurance on this matter and, ideally, tell us that the draft provisions will be amended to include these rights.

I would also be reassured to know that the new education and health care plans, which will replace statements of special educational needs, will carry the same legal force. This means making it a mandatory duty for a local authority to deliver what a child needs, and not simply to use “best endeavours” to secure appropriate provision. In the current funding climate, my worry would be that that will not be sufficient to get children what they need.

In addition, I would like it to be a requirement that parents will be informed of their right to appeal the results of a statutory assessment and will have some clarification of what the process will be. Is it correct, for instance, that the education part of the EHC plans will be appealed to the special educational needs and disability tribunal, but that the plan’s health and social services provision can be appealed only by judicial review? It would seem odd to separate these two vital areas of provision when the plans are partly designed to integrate them. Again, this would mean added complexity for parents.

Finally, any new legal regime inevitably means that important points have to be fought over again, as new case law is required. For instance, are speech and language therapies educational or health provision? Where does something like physiotherapy count? All these issues could be made much simpler through Government guidance, reducing the amount of things parents have to fight over. I am sure that many charities and this House, through such groups as the all-party group, could play a role in helping to deliver some of that.

[Mr David Burrowes (Enfield, Southgate) (Con)]

There is often not much advocacy when it comes to the issue of funding for speech and language therapy. I know from my professional life as a solicitor that a disproportionate number of young people in the criminal justice system have autism. They are often not even able to communicate owing to the lack of speech and language therapy and indeed to the lack of proper assessment and identification of the problem, particularly when they are in custody. Does the hon. Gentleman think that this is another issue in respect of which we need at the very least continuity of care when young people go into custody and also better identification of autism and better provision of speech and language therapy?

[Jonathan Reynolds]

I thank the hon. Gentleman for making that point, and I absolutely agree with him. It reminds me of the previous point about how, because the system does not work adequately, so many young people—and older people too—have ended up in inappropriate areas, whether it be in the justice system or in behavioural therapies, when what they need is the right support: it may be available, but they have been unable to access it.

As I have highlighted a number of concerns about parents’ rights, I would like to say how incredibly heartened I am—the hon. Member for South Swindon mentioned this, too—by the Government’s proposal to increase the age at which we support young people with autism up to 25. Let us not stop that support for a young person when they leave school or further education; let us keep it there so a young person can still get support if they return to education after taking on an apprenticeship or employment.