SEND Provision: Derbyshire

James Naish Excerpts

Wednesday 12th February 2025 Commons Chamber

[Linsey Farnsworth]

I absolutely agree with my hon. Friend. I think that every Derbyshire MP will testify to the same thing: that phones are not answered and emails go un-responded to. It is not sustainable for this to be the status quo.

So many people in Amber Valley wanted to talk to me about their experience. What was planned as a small, intimate roundtable event soon became a large town hall meeting full of concerned parents, each with a story to tell. From this, a clear picture emerged. Children and young people are being failed at every step in the process. Families are waiting far too long for the education and health assessments to allow them to access the specialist help that they need. As a result, many children are missing significant portions of their education, with some falling out of school altogether. That is all while Derbyshire county council fails to communicate, just as my hon. Friend said.

[James Naish (Rushcliffe) (Lab)]

As my hon. Friend knows, I represent the nearby constituency of Rushcliffe in Nottinghamshire, where the average waiting time for neurodevelopmental assessments is 54 weeks. That is actually an improvement from a year ago, when it was 68 weeks. Does my hon. Friend agree that a lot of what she is describing is systemic, as has been mentioned, and that this Government need to address it urgently?

[Linsey Farnsworth]

I absolutely agree with my hon. Friend. The Government need to grip this issue across the country. Unfortunately, we understand his plight only too well in Derbyshire.

Parents and carers talk about barriers at every stage of the process and about how they are “ignored” by an “unresponsive” council. A big part of our challenge in fixing the foundations of SEND provision is, of course, funding. That made it all the more shocking to learn of the SEND budget left unspent by Derbyshire county council. In a debate in the Chamber on 23 April 2024, my hon. Friend the Member for Chesterfield (Mr Perkins) highlighted that of £17.5 million received since 2019, only £1.5 million had been spent. That is nothing short of a scandal—£16 million unspent. That money was specifically allocated to create new school places for children with special educational needs and disabilities.

Derbyshire county council claimed that it could not rush the allocation of the funds, but we are talking about six years—children will have started and ended their secondary school education in that time. What it has managed to spend, however, is about half a million pounds on two consultants for strategic help on children’s services. The families I have spoken to say that, despite that, they have seen no improvement. They say that had the council just engaged with parents, carers and educators, they would have received a wealth of advice for free.

Our children and their families are paying the price. These children are missing education, being labelled as “disruptive” and suffering from poor mental health. While Derbyshire county council was failing to create the new, much-needed and funded SEND places, my constituent Chris Spencer’s son was missing school. Chris told me that his son had been assessed as needing a place in a SEND special school but that none were available. His son was missing out on vital education, making friends and the support he needed. Without a school place, Chris was caring full time for his son at home, making it impossible for him to go to work. He told me:

“I want a job…I want to work, but I can’t”.

Derbyshire county council not only failed to supply Chris’s son with a promised school place but issued him with two fines for non-attendance. The first was withdrawn by the council after I intervened on Chris’s behalf, but the second went to court, where the judge threw out the case. It should not come to this—for an MP and a judge to have to intervene—before anything is done.

I am afraid that that story is just one of dozens. Angie Hardy, another constituent of mine, after years of fighting on behalf of her three sons, each with SEND, was still waiting on an EHCP, an annual review and the much-needed transport that had been promised. As a result, one of her sons has not been able to attend school since February 2022—yet another child missing out on education and the support they need to succeed.

Many other parents talked about resorting to legal challenges. They have found tribunals and judicial reviews not only extremely stressful, but with legal aid solicitors now so hard to come by—another victim of Tory austerity, I am afraid, and one that the Justice Committee, of which I am a member, fully understands—extremely costly. That is a common experience. One mother told me that

“judges are awarding places now, not the local authority”.

--- Later in debate ---

[Jon Pearce (High Peak) (Lab)]

I start by commending my hon. Friend the Member for Amber Valley (Linsey Farnsworth) for securing this important debate and for her impassioned plea on behalf of the children and families of Derbyshire.

As a dad, I know that parenting is at one and the same time the hardest and most amazing experience we can have. As a society, we must support families better. In High Peak, Derbyshire county council has been failing families on an industrial scale. In every canvassing session and advice surgery I conduct, I invariably meet families struggling to secure the right support for their child with special education needs, such is the scale of the challenge in Derbyshire. The families I have met in my constituency are frustrated, exhausted and angry; they feel they are facing a system that seems to be actively working against them, rather than having their back.

As my hon. Friend said in her speech, Ofsted found that the Conservative-led Derbyshire county council was responsible for widespread and systemic failings in supporting children with special educational needs and their families. Of all the myriad failings of the Derbyshire Conservatives—and there are myriad—the way they have let down children with SEND and their families is the most egregious. It is deeply worrying, but sadly not surprising, as we know that between November 2023 and June 2024, Derbyshire county council paid nearly £350,000 in compensation to families it had failed.

Last week, I visited Whaley Bridge primary school, where more than 40% of the students have special educational needs. I met with the headteacher, Seren Hathway, and the chair of governors, Ian Bingle, and saw for myself the amazing work they do to support children with SEND. If Derbyshire county council had just half the level of commitment and professionalism as Seren, Ian and all the families I have met, we would not be here having this debate today.

[James Naish]

My hon. Friend referenced a very high percentage—I think 40%. In Nottinghamshire, each month over the past 12 months we have seen a 50% increase in SEND diagnoses in comparison to the year before. Does he agree that more research must be done to understand the relative growth in special educational needs, so we can get to the heart of the issue?

[Jon Pearce]

Yes, it is vital that we understand what may be driving some needs. At the end of the day, though, this is not a problem of increasing needs, but the result of absolute systemic failings in Derbyshire county council and the system more widely.

I am pleased that the Government are determined to fix this broken system and see that our mission to remove the barriers to opportunity for all our children is achieved. This is a fundamental part of that mission. Ending the years of failure of Derbyshire county council will not be easy. I am determined to work with families in High Peak and with my Derbyshire colleagues to put pressure on Derbyshire county council to finally provide the support our children desperately need.

--- Later in debate ---

[Samantha Niblett (South Derbyshire) (Lab)]

I thank my hon. Friend the Member for Amber Valley (Linsey Farnsworth) for securing this crucial Adjournment debate. As she rightly indicates, SEND provision in Derbyshire has reached crisis point. Her point about Conservative-run Derbyshire county council’s unspent SEND funding, and the heartbreaking consequences for families, is sadly all too familiar and echoes so many of the stories brought to me by my own constituents, who are in desperate need of support.

The scale of this issue is staggering. Throughout my election campaign, it was no secret that SEND would be a key issue for me if I was elected. A week after I was elected, I held my first community SEND meeting, which was packed. What I had not expected was that after seven months in office, a third of all my constituency casework would relate to SEND—and the number continues to climb. In my inbox, at my surgeries and on the doorsteps across South Derbyshire, parents tell me heartbreaking stories about the declining mental health of their children, who are out of education or stranded in inappropriate settings. Many parents, including those working in education, describe extreme stress, financial hardship and lost work time as they navigate a broken system. Others who are less familiar with the process find it totally overwhelming. Meanwhile, their children’s mental health deteriorates as they are left without the support they desperately need.

A lack of communication from Derbyshire county council leaves parents feeling unheard and their children forgotten. In some cases, SEND caseworkers have left post without informing families, leaving them emailing outdated contacts in desperation and without response. Gaps in specialist provision mean that many children, particularly those with social, emotional and mental health needs, are not receiving the support they are entitled to.

Under section 19 of the Education Act 1996, if a child is out of school for 15 days or more, the local authority must provide suitable full-time education. My constituents tell me that this is not happening. There is a lack of alternative provision, a lack of tutoring options and a lack of accountability. Despite parents, schools and professionals agreeing that mainstream settings often cannot meet SEND children’s needs, the local authority continues to name unsuitable placements on education, health and care plans. That forces many families into lengthy and costly tribunals that can take over a year to conclude. Valuable placements in appropriate schools are lost due to local authority delays, leaving children stranded and without education.

Consider my constituents Theresa and Nathan. Their daughter has cerebral palsy, autism and attention deficit hyperactivity disorder. Transitioning into mainstream secondary school severely affected her mental health, leading to self-harm and suicidal thoughts. Delays in her EHCP process meant that she lost a place in a suitable special setting. At 14 years old, she is on antidepressants and has remained out of education since January 2024—that is over a year. Theresa, Nathan and their daughter deserve better. The reams of families who contact me for support deserve better, and the countless families across Derbyshire who are fighting to secure the right provision for their children deserve so much better.

[James Naish]

This Government have made a very clear and welcome commitment to turn 3,000 spare classrooms into nurseries. Does my hon. Friend agree that where demand for nursery support is lower, we could look at alternative ways of using those classrooms to enhance SEND provision at a local level?

[Samantha Niblett]

I agree, but frankly it would be great if Derbyshire county council could get the basics right.

Although my team and I will always work constructively with the local authority to right the wrongs endured by SEND children and families across South Derbyshire, the council’s chronic mismanagement of this crisis is indefensible. Schools are struggling, parents are out of work and their children are left without opportunities to thrive. I stand firmly with my hon. Friend and fellow Labour MPs across Derbyshire in holding Conservative-led Derbyshire county council to account and calling on it to spend the millions of pounds in unallocated funding to make this right. The status quo cannot continue.

--- Later in debate ---

[Catherine McKinnell]

My hon. Friend raises an important point. We are looking across the system at how to reform it to make it better for families and for children who experience the need for additional support, and to improve outcomes. To assess all those issues, we need an inspection and accountability framework that drives improvements. I will come to the specific issues raised in the inspection of Derbyshire county council. It was inspected under a new inspection framework that threw significant light on the current situation, as exemplified by the various heartbreaking stories hon. Members have shared today.

Improving the SEND system is a vital part of the Government’s opportunity mission. We are determined to break the unfair link between background and opportunity by giving every child with SEND, along with all other children, the best start in life. We are prioritising early intervention and inclusive provision in mainstream settings, as we know that early intervention prevents unmet needs from escalating. That will support all children and young people to achieve their goals alongside their peers.

We know it takes a vast workforce, from teachers to teaching assistants, early years educators to allied health professionals, to help all children to achieve and thrive. We are investing in each of those areas to improve outcomes and experiences across the country. We are committed to working with the sector and our partners to ensure that our approach is fully planned and delivered in partnership.

We have already begun the work by appointing a strategic adviser on SEND to engage with sector leaders, practitioners, children and families. We have established an expert advisory group for inclusion, to improve the mainstream education outcomes and experiences for those with SEND, and we have set up a neurodivergence task-and-finish group to provide a shared understanding of what provision and support in mainstream educational settings should look like for neurodivergent children and young people within an inclusive system.

My hon. Friend the Member for Amber Valley understandably raised concerns about education health and care plan timelines. The plans have significantly increased in number, year on year, since their introduction in 2014, with nearly 600,000 children and young people with an EHCP as of January last year. Over time, flaws and a lack of capacity in the system to meet lower-level need have added additional strain on specialist services, and that has had a detrimental impact on the experience of those accessing the EHCP process. There has been late identification of need and intervention, low parental confidence in the ability of mainstream settings to meet that need, inefficient allocation of resources across the system, and inconsistency in practice and provision based on location. Hon. Members have expressed the particular challenges in Derbyshire that have clearly manifested over many years. Those have all contributed to pushing up costs and have created an increasingly unsustainable system.

The latest data shows that in 2023, just 50.3% of EHCPs were issued within the 20-week statutory timeframe. That is leaving young people and their families without appropriate and adequate support. The Government want to ensure that EHC needs assessments are progressed promptly and plans are issued so that children and young people get the support they need to help them achieve positive outcomes. We know that local authorities have been struggling to meet the increased demand for EHCPs, so we are constantly working with them to improve those response times.

The Government are acutely aware of the challenges that families face in accessing the support their children need—and actually, of how adversarial the EHCP process can be. Independently commissioned insights that we published last year showed that if we can get those extensive improvements to the system, if we can use early intervention better and if we can better resource mainstream schools, that will have a significant impact. More children will have their needs met without having to even go through an education, health and care plan process, because their needs will be met in a mainstream setting with their peers. We are listening to parents, local authority colleagues and partners right across education and, as hon. Members have rightly identified, across health and social care, because we need to work out how to address and improve the experience of the EHCP process for families, and reflect on how we can roll out practice that will be more consistent nationally.

Every child and young person should have access to high-quality services to set them up for life, for work and for the future, and local authorities and their partners are key to ensuring that children can access the support they need. Ofsted and the Care Quality Commission jointly inspected Derbyshire in September 2024 and found widespread and systemic failings. That led to significant concerns about the experiences and outcomes of children and young people with SEND across the county of Derbyshire. The published report made it clear that the local area partnership, which consists of the local authority and the integrated care board, must address those concerns urgently and identified six areas for priority action. As a result of the inspection, His Majesty’s chief inspector required the local area partnership to prepare and submit a priority action plan to address the identified areas.

A team has been put in place to track those outcomes against the action plan. Progress is being monitored and the Department for Education has appointed a SEND adviser to work collaboratively with an NHS England adviser to challenge, support and work with Derbyshire county council and the integrated care board to drive those improvements. I am sure that that is good news for hon. Members to hear, but clearly that progress needs to be made as quickly as possible, because as hon. Members rightly set out, families cannot wait any longer for the support they need.

We absolutely want more children and young people to receive the support they need, and ideally to thrive in their local mainstream settings with their peers, so that they do not need to travel long distances to find specialist places that can accommodate them and they can have their needs met with their friends in their local school. We know that many mainstream settings already go above and beyond to deliver that specialist provision locally through resource provision and SEN units, and we know as well that there will always be a place for special schools and colleges for children and young people who have the most complex needs. It is vital that we see the investment that is needed to create the new places in mainstream and special schools and in specialist settings. That is why we have announced £740 million of high needs capital for 2025-26. We will set out those allocations to local authorities in due course.

Hon. Members have raised concerns about the underspend in Derbyshire county council and we really need to see that money invested in those specialist places, whether in mainstream or special schools, to make sure that places are available with the support that children need. The Government are absolutely committed to working with Derbyshire county council, and with school leaders and sector partners locally and nationally, to develop and improve the inclusive education within mainstream settings that every child deserves.

[James Naish]

I thank the Minister for speaking so clearly on this important issue. On the intervention I made earlier about empty classrooms, we are seeing in Nottinghamshire that there is not the demand for nursery places that there desperately is in other parts of the country. Does the Department have any appetite to think about how those spaces could be used to try to deal with the issue we are talking about today?

[Catherine McKinnell]

My hon. Friend raises a really important point that manifests itself in many parts of the country: we have a shift in demographics and, as he identifies, early years places are opening up more quickly in some parts of the country than in others. That is why the Secretary of State announced the funding to create early years places in particular, but it is also why we have this capital funding that will be allocated to local authorities so we can utilise all the available space to make sure that we can provide these specialist places. Obviously we want local authorities to be able to apply the funding in the way that will best meet the needs in their local area. That might mean repurposing space to create a specialist unit within a mainstream school, creating a more accessible space within a mainstream school or creating specialist places in whatever way a school is able to. If a local authority is able to support them, that funding will be available to create those spaces. My hon. Friend is absolutely right to draw attention to that.

I thank my hon. Friend the Member for Amber Valley for bringing this debate forward. Members here tonight are clearly very grateful for the opportunity to air their constituents’ concerns and for this issue to be highlighted, and it is absolutely right that it is, because SEND outcomes in Derbyshire and nationally are an issue we all care passionately about. I acknowledge the challenges that far too many families face when seeking to secure the right support for their children with special educational needs and disabilities, and that the system absolutely needs to improve, and we are determined to make progress and to make the change.

I want to conclude, as always, by recognising all those who work in our education, health and care systems in the interests of our children and young people with special educational needs and disabilities, in Derbyshire and right across the country. We need to deliver the very best for all of our children and young people, including those with SEND. We need to give them the very best start in life, and prepare them for life, work and the future. I thank all who work to deliver that tirelessly day in, day out. Despite the challenges set out tonight, I am confident that together, with determination, we can see that change.

Question put and agreed to.