Free School Meals: Children with SEND

Debate between Helen Hayes and Jim Shannon

Wednesday 10th January 2024 Westminster Hall

[Helen Hayes (Dulwich and West Norwood) (Lab)]

It is a pleasure to see you in the Chair, Dr Huq. I congratulate my hon. Friend the Member for Liverpool, West Derby (Ian Byrne) on securing this important debate on an issue that affects some of the most vulnerable children who have special educational needs and disabilities, and who live in very low-income households, making them eligible for free school meals.

I am grateful to the charity Contact and to Irene and Natalie, who are in the Gallery, for the work that they have done to bring to public attention the issue of children with special educational needs and disabilities who are eligible for free school meals but unable to access them, and for all their advocacy on behalf of families with disabled children. I also thank all hon. and right hon. Members who have participated in the debate. We have heard from MPs who represent constituencies right across the country, including the hon. Member for Torbay (Kevin Foster), the right hon. Member for North East Somerset (Sir Jacob Rees-Mogg), my hon. Friends the Members for City of Durham (Mary Kelly Foy) and for Brighton, Kemptown (Lloyd Russell-Moyle), the hon. Member for Somerton and Frome (Sarah Dyke), and my hon. Friends the Members for Coventry South (Zarah Sultana) and for Wansbeck (Ian Lavery), and from colleagues who made interventions—

[Jim Shannon]

And Strangford!

[Helen Hayes]

Of course. It would not be a Westminster Hall debate if we had not heard from the hon. Member for Strangford (Jim Shannon), and I apologise profusely for that omission.

We have heard about the impact that the failure to implement Government legislation is having on families across the country. The law places a duty on maintained schools, academies and free schools to provide free school meals to pupils of all ages who meet specific criteria. Schools also have a duty under the Equality Act to make reasonable adjustments to the way that free school lunches are delivered, if the standard way of delivering them would put a disabled pupil at a substantial disadvantage compared with other pupils. These duties are not reflected in the current guidance for schools.

There is also a gap in the legislation in relation to independent schools. Many children with special educational needs and disabilities attend specialist independent schools, with funding from local authorities, under their education, health and care plans, but there is no duty on those schools to provide free school meals. That is one of the many examples of the ways in which children with special educational needs and disabilities are simply not a priority for the Government.

The system of support on which children with SEND and their families rely is beyond breaking point. The Government delayed their SEND review three times, and much of the SEND and alternative provision improvement plan will not come into effect until 2025, six years after the review was announced. During that time, 300,000 children with SEND will have left secondary school, having spent the entirety of their school education under an increasingly failing system of SEND support. This issue should be an urgent priority for the Government. The system is failing children and their families, and it is an increasingly prominent factor in the number of councils issuing section 114 notices and effectively declaring bankruptcy because they can no longer balance their budget.

The Childhood Trust has found that families of children with SEND are disproportionately affected by the cost of living crisis, and they are more likely to live in poverty than families of children without SEND needs. Our children need and deserve so much better. Labour will introduce free breakfast clubs in every primary school to ensure that no child has to start the school day hungry. We will work to make mainstream schools inclusive for children with special educational needs and disabilities, including by supporting teachers to gain the skills and knowledge they need to teach children with SEND. We will limit the number of branded items that schools can specify in the school uniform to put money back in parents’ pockets, and we will work tirelessly to end the unacceptable level of child poverty, which has been growing so shamefully on this Government’s watch.

The Tory cost of living crisis is making life hard for far too many families, and it means that in the short term, access to entitlements, such as free school meals for children who are eligible, is more important than ever, and there is no excuse for the current failure. I hope the Minister will set out the steps he will take to ensure that children with SEND who are eligible for free school meals can access them, and that schools and other education settings are properly supported to meet their duties under both the Education Act and the Equality Act.

Windrush Day 2020

Debate between Helen Hayes and Jim Shannon

Tuesday 23rd June 2020 Commons Chamber

[Helen Hayes (Dulwich and West Norwood) (Lab)]

In 2018, to mark the 70th anniversary of the arrival of the Empire Windrush at Tilbury, 22 June was designated Windrush Day, an annual day of celebration of the enduring contribution of a remarkable generation to the UK. Yesterday saw the third national celebration. I want to start by paying tribute to Patrick Vernon, who led the campaign for Windrush Day for many years.

I am proud to represent a constituency with one of the strongest connections to the Windrush. Around 200 of the original Windrush passengers made their way from Tilbury to Clapham, where they found temporary accommodation in the deep shelter on Clapham common. From Clapham, they came to the labour exchange on Coldharbour Lane in Brixton in my constituency, where they found work in many different occupations, including with London Transport, in the construction industry and in the NHS. Many then settled in Brixton and a community grew, bringing food and music, and establishing local businesses and churches. Their identity is inextricably linked with the Brixton we know today.

It is easy for celebration of the Windrush generation to become sentimental, commemorating the positive story of people who came at the invitation of the British Government and helped to rebuild a country decimated by the second world war and to establish the NHS. Yet that is to ignore the hardship and racism the Windrush generation suffered: the signs in homes to rent that read, “No blacks, no Irish, no dogs”; the humiliation of bus conductors, whose passengers would leave their fares on their seat to avoid contact—the pervasive, oppressive, grinding discrimination encountered in so many aspects of life.

The first official Windrush Day took place against the raw open wounds of the Windrush scandal. The Home Secretary had resigned and the Government had promised to right the wrongs that so many have suffered.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Lady for bringing this to the House for consideration. Does she feel the angst that many of us feel that in December last year only 1,108 claims had been made and only 36 people had received money from the £200 million fund? Does she agree with me and others that it is disgraceful that those who need the money most cannot get anything?

[Helen Hayes]

I thank the hon. Gentleman for his intervention. He makes the important point, which I will come to later, that as we celebrate Windrush Day we must also be mindful of the justice that so many of the Windrush generation are still waiting for. Two years on from that first Windrush Day, only 60 Windrush citizens, as he says, have received compensation from a Government scheme, which is complex and hard to access and far too slow to deliver.

--- Later in debate ---

[Helen Hayes]

I thank my hon. Friend for her powerful intervention. She makes a very strong and important point—that it is hypocritical for the Government to offer warm words in celebration of Windrush Day when, of the many thousands who were impacted by the Windrush scandal, only 1,275 have even applied for compensation so far, and of those, only 60 have received any money. There is still so much that the Government must do to put right the wrongs of the Windrush scandal.

[Jim Shannon]

The hon. Lady has just mentioned the figures for now. In the six months that it has taken for 100 claims to be lodged, only 14 have actually been processed. That underlines the issue, does it not?

[Helen Hayes]

I thank the hon. Gentleman for his intervention. I have sat with constituents and filled out the form with them, compiled the documents, gone through that process, submitted the application, and we are still waiting months and months to hear anything from the Home Office.

I welcome the establishment of the new, cross-Government Windrush working group, and particularly the involvement in the working group of the Black Cultural Archives based in my constituency. Black Cultural Archives is a trusted organisation with deep roots in the UK’s black communities, and it has done so much to support the victims of the Windrush scandal. I pay tribute to its work. It is absolutely vital that it is funded to continue to provide that support, yet it is still waiting for applications to open for the £500,000 fund that the Government announced to support grassroots organisations. I hope the Minister might mention a timescale for that fund in his response.

I also welcome the Home Secretary’s announcement today that she has accepted the recommendations of Wendy Williams’ lessons learned review.  However, the Government have been far too slow, not only in relation specifically to the Windrush scandal, but in delivering the much wider reforms that are needed to address structural racism, including implementing the recommendations of the Lammy review on the over-representation of black men in the criminal justice system. I hope that the Minister understands just how low confidence currently is in this Government to tackle racism and structural racial inequality, and that there will not be confidence until sustained and meaningful action is delivered.

This year’s Windrush Day is celebrated against the backdrop of a new and additional scandal: the disproportionate impact of coronavirus on black, Asian and minority ethnic communities. The stories of the Windrush generation and the NHS are intertwined. The Empire Windrush arrived at Tilbury just weeks before the founding of the NHS. In my constituency, that connection is embodied in a single street. At one end of Coldharbour Lane was the labour exchange; at the other end is King’s College Hospital, which was and is still substantially sustained by the commitment, skill and care of BAME nurses.

Yesterday, I took part in an event organised by the Runnymede Trust to mark Windrush Day by celebrating the role of BAME workers in the NHS. We heard from academic researchers who had captured the historic experience of migrant women working in the NHS. During the event, the chat bar filled up with devastating first-hand stories of racism and racial discrimination. They included the experience of migrant nurses who were prevented from training as state-registered nurses, meaning that they could only take the inferior career path of the state-enrolled nurse—effectively a structural limitation on promotion and pay—and stories of patients being allowed to wait to be treated by white staff instead of equally qualified BAME staff, reinforcing racist views.

In 2020, it is now BAME NHS workers who are dying from coronavirus in disproportionate numbers. The Government are once again being too slow to protect them: they have announced another review, which will report at the end of the year, rather than taking the immediate protective action that is needed and demanded now. Earlier this month, thousands took to the streets in a heartfelt cry for justice and reform in response to the horrific death of George Floyd in the USA, because his death resonated so powerfully with their own experience here in the UK.

This Windrush Day must be both a celebration of the contribution of the Windrush generation to our communities, culture, economy and public services in the UK, and a moment of deep national reflection. We must reflect on how, more than 70 years since those first Windrush citizens began to work in our NHS, BAME health workers have died in disproportionate numbers as they administered treatment and care during the coronavirus pandemic.

We must engage communities across the country in learning about their own history, even when it is painful, and find ways to ensure that our town squares and public spaces reflect the diversity of our communities, including by moving statues that glorify shameful periods of our history from public spaces to museums where they can be contextualised as artefacts from the past. We need reform of the history curriculum in our schools, so that every child is taught a truthful and inclusive version of British history, including colonialism and the transatlantic slave trade.

The Government must deliver a functioning and effective compensation scheme for the victims of the Windrush scandal and urgently implement the recommendations of Wendy Williams and of my right hon. Friend the Member for Tottenham (Mr Lammy). They must give confidence that such a scandal can never happen again.

Coronavirus Bill

Debate between Helen Hayes and Jim Shannon

Committee stage & 3rd reading & 3rd reading: House of Commons & Committee: 1st sitting & Committee: 1st sitting: House of Commons
Monday 23rd March 2020 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

First, let me thank the Government for their contribution and highlight the plight of the NHS staff who do not have enough protection gear. Will the Minister ascertain whether any factories can be used to assist in the interim? I have also been approached by someone about whether, in relation to new clauses 3 and 4, those with an HGV licence could step in to drive supplies—due to a DVLA technicality, they are precluded from doing so. Can we lift that restriction legally, as it is only a technicality, and allow him and others to step in?

The shadow Minister referred to the 80% of wages being available by 1 April, but may I implore her to make that money available from March?

On new clause 4 and factories producing the food and medication we need, I am thinking of TG Eakin in Comber, producing colostomy bags. They cannot go home; what help is in place for them?

On new clauses 9 and 11, what about the self-employed? I have electricians with no premises because their jobs consist of fixing electrics in homes and businesses; can they access the business grant? I have self-employed café owners who have been asked to close their businesses—their staff are getting a wage, but they are not. What is being done to help them? What about a constituent who has a shop stocking cleaning products and basic groceries who is delivering cleaning products, potatoes, milk and other things free of charge? What help is there for him and his staff in new clauses 9 and 11? The business grant will only pay his rent for a few months, so how does he feed his five children?

Lastly, self-employed people should get a basic wage when we are telling them to close and when they cannot reasonably stay open. Again, I would ask what has been done for those who are self-employed. New clause 8 is about education: what about self-employed coaches who are essential in day-to-day life to the mental health and physical wellbeing of our children? What about agency staff working in colleges and the civil service? Do they qualify for the 80% wages that they should under new clauses 9 and 11?

[Helen Hayes]

Time is very limited this evening, but I want briefly to return to an issue that I did not have time properly to probe on Second Reading: the question of people with learning disabilities and autistic people whose rights are at risk as a consequence of the Bill. As someone who has campaigned on the “Transforming Care” agenda and the Government’s failure to implement it over many years, I know that there are people the autism community and among those who support people with learning disabilities who are very worried that the Bill could result in further unnecessary admissions to hospital. This could happen both indirectly, through the withdrawal of support for autistic people and people with learning disabilities, resulting in a higher incidence of crisis, and directly, through provisions in the Bill that make it easier for people to be detained.

Any institutional setting where large numbers of people live together has increased risk of covid-19 spreading. Families who have battled for years to get their loved ones out of hospital are very frightened that the Bill could mean that their loved ones end up being detained once again, and that if this happens they might also fall victim to covid-19. Once again, I want to seek assurance from the Secretary of State for those families that their loved ones will not end up once again in settings that have been traumatising in the past and where abuse has taken place, as a consequence of the Bill.