Eleanor Laing
Main Page: Eleanor Laing (Conservative - Epping Forest)Department Debates - View all Eleanor Laing's debates with the Scotland Office
SEND Provision and Funding
Eleanor Laing Excerpts(3 months, 4 weeks ago)
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Ben Bradley (Mansfield) (Con)
I am grateful for the opportunity to speak in this very important debate, and to my right hon. Friend the Member for Haltemprice and Howden (Sir David Davis) for securing it. I hope that I can contribute with some experience as the leader of a local authority and as someone who sat on the Education Committee’s SEND inquiry in 2019.
I want to describe the problem from a local authority perspective for colleagues in the House. The 2014 legislation was well intentioned, as we have heard, but it has not delivered on those intentions. In some ways it has created an impossible circumstance, where very high levels of demand and expectation now exist on a service that faces huge budget and capacity pressures. That is not sustainable.
Local authorities in many ways are caught between a rock and a hard place. They are expected to meet the demands of families but also have to balance a budget, and all the time with the knowledge that any steps taken to reduce costs may well end up being overturned in tribunal. Inadvertently, and understandably, seeking to give parents of SEND children some authority and control over what support they get is creating an adversarial system. There are funding issues to all that, but fundamentally the system does not work, so funding alone will not fix it. Because it is a partnership across health, schools, local authorities and others, there is a challenge both in meeting expectation and in accountability for the outcomes.
Fundamentally, at a policy level we have a system that says to families that they can have whatever support and services they want. That is a laudable aim, but in reality there are limited budgets and capacity in the system, which means that local authorities and delivery partners are constrained in what they can do. The system has not recognised that contradiction, so the local partnership is still judged against an unachievable target, which is why, in the latest inspections, nowhere nationally is any better than “inconsistent” in its SEND outcomes.
In Nottinghamshire, we fully recognise the need for improvement in the capacity for SEND support, in tackling waiting times for outcomes, and in the scrutiny and accountability of the system, among other things. We have introduced a new SEND improvement board—Dame Christine Lenehan of the Council for Disabled Children it its independent chair—with the intention of driving improvement in the system with proper scrutiny and oversight. We have already seen positive steps from it. We are fully committed to tackling those issues, to the extent that I have also created a specific cabinet role for SEND support.
In truth, though, we are constrained. The inspection regime is not really sure of what it is asking us for. Many authorities have huge deficits in the high needs block, so they are massively overspending, yet they have still received more positive inspection outcomes. We have balanced the budget and do not have a deficit, which clearly has an impact on services, but that does not seem to be a factor in inspection outcomes. Are we being asked to balance that budget or not? We have a legal duty to do so, but it is not recognised by Ofsted.
Nottinghamshire is among the most poorly funded authorities in this space, but we still balance our budget for additional needs. Other authorities have more money and still overspend massively but are rewarded with better inspection outcomes. Fundamentally, the system does not have a shared and coherent view of what it is asking us to deliver. That is a huge issue.
We are also told that the Government’s approach is to increase inclusion in mainstream schools where possible. It is absolutely right for children to receive appropriate support in mainstream setting wherever possible, and for us to work with schools and SENCOs to deliver it. Notts has taken that approach for many years and been held up as an exemplar of good practice in some Government circles, but at inspections we are marked down for it. Again, different parts of Government are telling us different things, so it is not always clear what we are being asked to do.
We take a graduated approach and step children up the pyramid depending on need, but the first response is to try to support children to remain in mainstream school, partly because that is very often the best outcome for the children, and partly because it is a requirement of a system with limited funding that we try low-cost options first. From an outcomes perspective, that is often the right thing to do, because although some children will require lifelong care, we want many of them to go on and live independent lives and be in employment—we should have high ambitions for our children. It is not often the best thing to become more reliant on more services than we need, because it can make that journey to being an independent adult more difficult.
Every child and every circumstance is different, but from what I am saying, Members can see where the tension and conflict arises at each stage. The opinion of health professionals and people tasked with achieving the goal of helping children to become independent adults often clashes with the totally understandable desire of parents to get the most and very best bespoke support for their child.
SEND transport is one of the biggest pressures on council budgets at the minute. Our budget has risen by 50% over five years because of rising demand, inflationary costs of fuel and contracts and wage rises, so we are again in a position of trying to save money. In some cases, that is the right thing to do because the expectation outstrips what is reasonable. However, it will inevitably lead us to further conflict as we have to go back to families and say, “I know you’ve had a one-to-one taxi service to school with a supportive member of staff every day for the past several years, but we now need you to share with somebody else,” or, “We now need you to take your child to school yourself, because you have a mobility vehicle for that purpose.” That might be the right thing to do—these might be rational decisions in order to offer the best services within a limited budget—but it will inevitably cause issues. That is coming down the track. If we end up with such decisions being overturned in tribunal, we are back to the question of what we are being asked to achieve within our limited budget.
On a brighter note, I want to mention some of the work that we are doing in Nottinghamshire. We are taking this incredibly seriously through our independent improvement board and cabinet-level focus, as I have mentioned. We are creating 494 SEND specialist places, including at the Newark Orchard SEND School, which opened last year, and at a new school that we are building in Mansfield this year—I am very proud of that. We are working with SENCOs in our schools to improve the graduated approach and the available support.
Money is not the ultimate answer here. We have well-meaning legislation that does not work. I ask Ministers to consider two proposals: first, the help with SEND transport costs—
Several hon. Members rose—
Madam Deputy Speaker (Dame Eleanor Laing)
Order. It will be obvious to the House that many people still wish to speak. After the next speaker, I will have to reduce the time limit to five minutes. The next speaker, with six minutes, is Ruth Cadbury.
Rob Butler (Aylesbury) (Con)
Like everyone else, I will start by congratulating my right hon. Friend the Member for Haltemprice and Howden (Sir David Davis) on securing this important debate.
One of the key priorities in my campaign to be elected to this place in 2019 was to give children in the Aylesbury constituency a brilliant start in life—and that means all children, including and, indeed, especially those with special educational needs and disabilities. I am pleased to say that there are several specialist SEND schools in my constituency. I have had the privilege of visiting many of them, including Pebble Brook and Booker Park, Chiltern Way Academy, and the independent Pace Centre. The work they do is awe-inspiring, and I pay tribute to their staff, who constantly strive to give the children for whom they care the best possible opportunities and experiences.
Too often, however, the families of the children with SEND feel that they are being left to fight a ferociously complicated system to get their child into those schools and ensure that they have the support they need. Thankfully, they have local support from people in a similar position, including members of the GRASPS group, which is run by volunteers in Buckinghamshire, but they have told me at length of their concerns about delays in assessments, complexity in form-filling, and then the long waits for the EHCPs about which we have heard so much this afternoon.
The team at Buckinghamshire Council and I have discussed those concerns to try to find ways in which to help, and I know that the team are determined to do so, but it is no surprise that the council has highlighted funding as a major challenge. As we have heard, the cost of SEND education can be exceptionally high, and it is not unusual for the cost of residential placements for children with the most complex and serious needs to run to hundreds of thousands of pounds a year.
The SEND Green Paper and the SEND and alternative provision improvement plan, published in March 2023, made clear the need to update the funding model. The Government are not ignorant to this, and I am pleased with their direction of travel. We have an excellent Minister to drive that forward in the months ahead. I am pleased that £10 billion of high needs funding has been allocated for the coming financial year, representing a cash-terms increase of 12%.
It should be stressed, and it has been, that high needs block funding has nearly doubled in cash terms since 2013-14, which demonstrates this Government’s commitment to helping SEND pupils and their families. However, Buckinghamshire Council fares very poorly compared with many other local authorities, with much lower allocations of funding. The cost to all local authorities of providing support for SEND pupils is increasing dramatically, both because of the number of cases and because of the complexity of need.
Locally, since 2016, there has been a 101% increase in requests for EHCPs. Since 2020, the unit costs for children’s placements have increased by 30%. As a result, Bucks Council is looking at bringing some provision in-house to try to contain some of the costs, but that cannot happen overnight. In the meantime, it must try to find the extra money.
Members from all parties will know that I have a profound interest in youth justice. Having spent many years as a youth magistrate and as a member of the Youth Justice Board, I have always been struck by the disproportionate number of young people with SEND in the criminal justice system. According to data published in 2022 by the Department for Education and the Ministry of Justice, 80% of children cautioned or sentenced for an offence have been recorded as having special educational needs at some stage—80%. That is an appalling statistic.
It cannot be morally right that so many children with SEND wind up on the wrong side of the law and, all too often, behind bars. We must do more to give children with SEND the appropriate education and training so that they have the same potential to live law-abiding lives as their peers, and we must ensure that provision for those who unfortunately end up in the youth justice system is properly tailored and funded.
I end on a positive note. Many Members of this House run an annual competition for local schoolchildren to design their Christmas cards. For the past two years, I have done something slightly different. I have gone out to local SEND schools, one each year, to ask them to produce the design for my card, and the reason is very simple. All too often, children with special educational needs are airbrushed out or considered incapable of achieving the same as their peers, but I take a different view. I want local children with special needs to be celebrated for what they achieve. I want them to be visible, and I want to give them a showcase in the local community. The simple act of getting them to design my Christmas card has enabled me to do that, and I thank the children at Booker Park School, who designed my 2023 card, and the children at Chiltern Way Academy, who did it in 2022. Both cards had excellent pictures that carried real meaning. This emphasises that there is potential in every child, and we need to approach children with special educational needs and disabilities with a spirit of optimism and positivity.