Children and Families Bill

Debate between Guy Opperman and Edward Timpson

Tuesday 11th June 2013 Commons Chamber

[Mr Timpson]

The right hon. Gentleman raises an important point. Advocacy comes in different forms. We have advocacy in relation to the legal process, and legal aid will still apply up to the point of tribunal for those who require legal advice. There is also advocacy in terms of trying to navigate the system. One thing that we are doing in relation to the pathfinders is to see who can help co-ordinate and navigate for parents and young people in a system that often has been too impenetrable, labyrinthine and drawn out. That could be through a key working role or through the work that the special educational needs co-ordinators carry out so effectively in so many of our schools. It is a practical response to the problem that we know exists while ensuring that the advocacy that is currently available for the legal process continues into the future. We set that out in Committee and I encourage the right hon. Gentleman to look carefully at what we said.

[Guy Opperman (Hexham) (Con)]

Will the Minister reassure some local authorities that the proposal will still ensure integration between the 1970 legislation, the Children Act 1989 and this Act, and make sure that there is not a silo system that does not have the integrated service that we all so want?

[Mr Timpson]

My hon. Friend touches on the heart of the Bill, which is to tackle the perennial problem of special educational needs, in that education, health and social care have tended to work in parallel rather than in conjunction with one another. In many of the clauses, both through the general duty to co-operate, the joint commissioning clause, and now the duty on health as well as the duty to consult parents and children themselves, there is already, with the pathfinders, a growing involvement of each of those different agencies in coming together and concentrating on the central and most important issue, which is the child. I hope he will see that the Bill gives local authorities an opportunity to nurture and grow their relationships with health and other agencies, and ensure that as a consequence they are providing better services for children in their local area.

--- Later in debate ---

[Mr Timpson]

I will be corrected if I am wrong, but my understanding is that there have been ongoing discussions. We are aware of the issue. As with all organisations that have expressed an interest in the Bill, we have been keen to keep an open dialogue with the RNIB to see what solutions we can find. Many of the solutions will be found at local level. We must accept that some conditions have a high incidence and some have a low incidence, and that can affect the sort of provision available right across the country. The beauty of trying to develop the local offer is that it will make it far more transparent not only in a local area, but across a regional area, so parents and young people will have a greater understanding of what is available to them, how they can access it and, if they are unable to do so, how they can make a complaint, which in the past has been quite a convoluted and impenetrable process. We must ensure that they have the power to make those decisions.

[Guy Opperman]

I am not sure whether I need to, but I will make a declaration: I have represented about 100 applicants for statements at special educational needs and disability tribunals, and local authorities still owe me money for some of them from before 2010. The simple question that my constituents in Northumberland would like answered, if that is possible, is this: will these proposals make it easier to gain a statement for those parents who have been trying to do so for so long, given that the process has been so convoluted and difficult over the years, as we have all found?

[Mr Timpson]

The short answer is yes. That is the intention of the Bill. There are a number of reasons for saying that. One of the complaints from parents about the statementing process relates less to the statement itself and more to early identification and the need for much greater effort from different agencies in co-ordinating the assessment and the plan. Everything in the Bill tries to encourage that and, in some circumstances, cajole the different bodies to come together and work with the family, rather than, as we have heard far too often, the family feeling that they are working in a different environment from those around them. By ensuring that that happens, we will reduce the prospect of conflict, misunderstanding and, therefore, the road to tribunal, which we all want to avoid. That is why we included the mediation process, albeit on a voluntary basis, to give parents and those responsible for providing services every opportunity to work together, co-operate and consult at every stage, but particularly in the early stages, in order to avoid unnecessary discord and damage further down the line.