Academies Bill [Lords]

Guy Opperman Excerpts

Thursday 22nd July 2010 Commons Chamber

[Guy Opperman (Hexham) (Con)]

I will be brief as well. Many would have liked to speak in this debate, but time is short. I pay tribute to today’s maiden speeches, particularly that of my neighbour, my hon. Friend the Member for Penrith and The Border (Rory Stewart). Together, the two of us represent 2,500 square miles—it would cover several countries. He has walked across his, I have attempted to ride across mine, and I can assure hon. Members that I prefer my form of transport. Anyway, he is making great steps and it is great to have him as my neighbour. I also pay tribute to the hon. Member for North West Durham (Pat Glass), who is also my neighbour—we cover so much of the north! She and I have worked for many years in special educational needs, and she spoke eloquently and with great force about the issues.

I look at things from a different angle, having represented local authorities and individual applicants for some 15 to 20 years in special educational needs tribunals and SENDISTs—special educational needs and disability tribunals. I have seen all manner of proposals put forward. In particular, I have represented the Hillingdon association of secondary heads, which is known by the acronym HASH, which is appropriate for all the 1960s head teachers.

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[Pat Glass]

No doubt the Minister will confirm this for me, but I understand that the YPLA is the rump of what was the Learning and Skills Council. If that is the case, does the hon. Gentleman share my concerns about that? I am not aware that the Learning and Skills Council has the level of SEN expertise needed to deliver on some of the things that we are discussing.

[Guy Opperman]

I hesitate to say that I agree absolutely, but I have great sympathy with the hon. Lady’s argument, because the local education authority will have all the educational psychologists and other areas of expertise that are required in these processes. I would question whether the alternative provision exists; indeed, I would go further than that. Everyone who has done a SENDIST case, running it through the myriad reports, will know the tremendous difficulty that exists in obtaining the right level of reports and presentation to push the thing forward. I would suggest that if people have to go to the Secretary of State, things will take much longer and be much more complicated. I return to the point that this is not me rebelling; I am just saying that the assertions of the founder of all these kinds of reforms—Lord Baker of Dorking—was clear at the outset of this process that we should keep it very simple and put the matter to the LEA, because it will be best capable of dealing with it.

I accept what the Minister said when clarifying the point approximately 15 minutes ago. He said that there is always a duty to ensure that the needs are met. That is entirely true, but anybody who does SENDIST work will know that there is a parallel duty to perform with the financial resources available. The complication is that there are genuine concerns that the financial resources will not necessarily be available in the processes that are being proposed. That particularly applies where there are special educational needs in more rural areas such as mine, where we have 1,200 square miles to cover, catchment areas the size of the M25 and an ability to provide for those needs, along with the necessary rural transport. However, I have not heard sufficient clarification that those rural transport needs will be accommodated as part of the Bill.

Briefly, let me finish by saying that I do not support the amendment, but I hope that we will receive a great deal of further explanation.

[Mr Hayes]

We have had a long and interesting debate on this subject, have we not, Mr Evans? It has been a good-natured debate too, with high-quality contributions by hon. Members from across the Committee, who have drawn on their extensive experience and expertise. I defer to those hon. Members who have that professional expertise—expertise that they have been able to articulate today in a way that has shown the House and this Committee at its best, as was made clear in his generous contribution by the hon. Member for Gedling (Vernon Coaker), who I can confirm is a stallion, by the way. [Hon. Members: “How do you know?”] Because I have known him for a very long time, and I know that his reputation precedes him.

On the subject of my friends on the Opposition Benches, I count the hon. Member for Hartlepool (Mr Wright) as a friend, and I have not yet had the chance to congratulate his daughter, Hattie, on her eighth birthday yesterday. I shall do so now, because I want to get it into Hansard. In addition, I want to mention that he has a number of other children and I hope that they enjoy “Toy Story 3” when they go to see it on Sunday. Moving on! Time is short.

The amendment would have the effect that, before making any payments under an academy agreement, the Secretary of State would have to assess the impact on local authority-funded SEN services of a new academy or an academy conversion before deciding funding levels for such academies. I had thought that I would have to speak for longer on this subject in order to cover it in considerable detail. I have before me the Balfour Act and the Education Act 1944, along with every other significant education Act at my disposal. It is a sad fact that I will not be able to draw on them, but in the few remarks that I will make, I shall try to answer the salient questions posed by hon. Members.

The hon. Member for North West Durham (Pat Glass) said that there was no definition of special educational needs. They are, however, defined in some detail in section 312 of the Education Act 1996. I will not go into those details now, but the Bill will not change them at all; that definition will remain in place and it is important.

The hon. Member for Portsmouth South (Mr Hancock) spoke about autism, and—I say this from the heart—gave a rather moving account of his experience of parents dealing with the challenges of special educational needs. Academies will be under the same obligations as other schools in respect of special educational needs. As I said to him earlier, academies are already providing evidence that they are looking at these matters with appropriate diligence. The Haberdashers’ Aske’s Hatcham College academy has an autism unit, for example, of which other schools are taking advantage. However, I heard what the hon. Gentleman said today, and we will ensure in our study of special educational needs in the Green Paper that autism receives the particular attention it deserves. I have worked closely with the Lincolnshire Autistic Society, and I know of the good work done by that society and others. The hon. Gentleman has done a service to the House by raising that matter today.

My hon. Friend the Member for Mid Derbyshire (Pauline Latham) asked two specific questions. Yes, although we intend to convert special schools into academies, we understand that that will need to be done on a considered and measured basis. We need to do work on the issue of funding in particular, and we will do so before the conversions take place. She also asked about the role of the health service in respect of children and young people with SEN. Primary care trusts contribute to the costs of individual placements as well as supporting pupils. Their responsibility is to the whole population, however, so that funding should be unaffected. The costs of non-maintained special schools remain with the local authority, and none of that budget will be transferred to the academies.

My hon. Friend the Member for Beverley and Holderness (Mr Stuart), the Chairman of the Select Committee, asked a number of questions. I have dealt with the question of the Secretary of State’s responsibilities. I can confirm that, as he suggested, the YPLA will be instrumental in ensuring that those responsibilities are carried out. A number of hon. Members asked how a parent could complain if an academy did not meet a child’s special educational needs. That was a theme that emerged implicitly throughout the debate.

Let me make it clear. An academy must have a clear complaints process, and a parent who wished to complain would have to be dealt with in line with that process. If that complaint were not satisfied, the YPLA would enforce the obligations in the funding agreement. If that does not prove satisfactory, a complaint about the YPLA can be directed to the Secretary of State, who will enforce those obligations in the courts if necessary.

My hon. Friend the Member for Hexham (Guy Opperman) made a number of points about parents who, he said, would not have the wherewithal required. He said that these things were all very well in theory. I spoke earlier about redistributing advantage in society. I am very conscious of the need for us to get the statementing process right, given how often it disadvantages parents in that position.

My hon. Friend the Member for Bognor Regis and Littlehampton (Mr Gibb), the Minister of State, Department for Education—with whom I have worked hand in glove in the House for many years—will be looking closely at the whole issue of statementing. We understand some of the concern that has been expressed. It is crucial for parents of the kind described by my hon. Friend the Member for Hexham to be dealt with appropriately, fairly and reasonably, rather than being bemused and bewildered by a process that is bureaucratic and insensitive to their circumstances.

The amendment raises issues similar to those that were raised in another place. As Members have pointed out, the main issue is the fear that an increasing number of academy conversions will render local education authorities unable to maintain the level of centrally funded services that they currently offer. That fear is not without grounds, and I entirely agree that we must consider it. I am also convinced, however, that we will have time in which to do so. The number of schools that will convert in September will not be large enough to have a significant impact on local authority services.

I see the hon. Member for Gedling egging me on, stallion-like, but I have a number of other things to say which I hope will satisfy him.

Of course some local authorities already have a majority of secondary schools as academies. Those academies were approved by the last Government, who funded academies in the same way as the current Government intend to fund them. However, we also intend to review funding from 2011 onwards. We will be working closely with local authorities and other partners, and I can confirm that we will give specific consideration to the funding of SEN services. That consideration will be in addition to the Green Paper that I mentioned earlier. The work will take place over the autumn, and as my noble Friend Lord Hill, the Under-Secretary of State for Schools, said yesterday, we have instructed officials to ensure that the Special Educational Consortium is involved in the work.

We are committed to ensuring that children with special needs in both the maintained and the academy sectors receive the services that they require and, indeed, deserve. My commitment to children with special educational needs stretches a long way back. As a member of the Government, I will do nothing that would act to their detriment, and we as a Government will do nothing in respect of the academies programme that would disadvantage them or the people who care for them in any way. I am pleased to be able to put that on the record.