Children’s Wellbeing and Schools Bill

Jess Asato Excerpts

Monday 17th March 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Very powerful indeed.

[Jess Asato (Lowestoft) (Lab)]

I rise to speak in support of new clause 8 in my name, which has the support of many colleagues across the House and organisations including the Royal College of Paediatrics and Child Health, Barnardo’s, the NSPCC and the Children’s Commissioner for England. I am grateful to the hon. Members for Twickenham (Munira Wilson) and for Woking (Mr Forster) for their comments in today’s debate.

New clause 8 would amend section 58 of the Children Act 2004 to remove the “reasonable punishment” defence that permits assault and battery on children by parents and carers. Children in Scotland and Wales already have the same protections as adults when it comes to being hit, but we find ourselves in the peculiar situation where a child growing up just over the border in England has fewer rights. Why should they? What is the difference between a child growing up in Berwick-upon-Tweed and a child in Bonnyrigg? Scotland and Wales are not alone: 67 countries around the world have already banned physical punishment—Tajikistan last year became the latest—and 27 others have also committed to a ban. There is a global recognition that children deserve better. Indeed, as part of the UK’s commitment to the 16th Sustainable Development Goal, we have already pledged to end all violence against children, and that includes physical punishment in the home. The UN Committee on the Rights of the Child has stated unequivocally that protection from physical punishment is a basic human right of a child.

Physical punishment is not punishment; it is abuse. We have a wealth of research to draw on from the last 30 years, and not a single reputable study has found that physical punishment positively impacts children’s development. There is no evidence to show that it improves behaviour in children. The reality is that physical punishment does not establish in a child’s mind a difference between right and wrong; it simply evokes fear—a fear of violence and pain. We know that children who are physically punished are at a far higher risk of experiencing maltreatment and abuse by parents, because over time parents may feel the need to escalate and inflict more and more pain to elicit the same response. A 16-year-old girl told Childline:

“When I was younger and misbehaved, my mum gave me a warning and put me on the naughty step. Then when I got to five to 12 years old, it was a tap or a little smack. But now it can be a proper smack, or there was one occasion where she pulled my hair and I fell to the floor and she continuously hit me. I don’t want to get mum in trouble, but I can’t carry on being afraid of her.”

Studies have also found that physical punishment leads to higher levels of aggression directed against parents by their children. Violence begets violence, and teaching children from a young age that violence is an acceptable way of channelling stress and frustration has consequences for all of us in society. It also has a pronounced impact on the children themselves. We know from research conducted by the Royal College of Paediatrics and Child Health that children who are physically punished are almost three times more likely to experience mental health problems than those who are not. We know that physical punishment of children is linked to substance misuse, antisocial behaviour and slower cognitive development. While the majority of parents do not use physical punishment and its use is declining, more than one in five 10-year-olds have still experienced it.

New clause 8 is not about criminalising parents. No one wants to stop a parent from protecting their child who is about to reach for a hot kettle or cross a busy road. Of the many countries that have introduced a ban, there has been no evidence that it has led to an increase in prosecutions. Instead, changing the law is about giving parents, children and professionals clarity, while improving the toolbox parents have to positively raise their child. New clause 8 removes the ambiguity created by the “reasonable punishment” defence and will allow children and adults to come forward more readily to report abuse. A clearer legal framework also makes it easier for professionals like social workers to do their jobs in the best interests of children.

New clause 8 will not, on its own, be able to stop cases like Sara Sharif’s, but it will certainly ensure that the threat of violence many children face will no longer be given the pretence of legal cover. We cannot afford to delay action. The NSPCC has seen a threefold increase in the number of child welfare calls mentioning physical punishment in the past couple of years. We need to act now to ban physical punishment, so we can ensure that children can grow up free from abuse and harm, something I know is a priority for this Government and is the purpose of the Bill in front of us.

Evidence from other countries shows us that bans work. In Germany, for example, the percentage of young people subjected to physical punishment fell from 30% to 3% after it introduced a ban in 2002. Given that 71% of adults believe that physical punishment is unacceptable, it seems to me that sooner or later we will have to change the law. My challenge with new clause 8 is: why not sooner? Why do we not commit to ending this abuse today? Children will not thank us for waiting. Future generations will not look kindly on our inaction, nor should they. We have the evidence, the power and the time. We have the ability to act and we should to protect all our children.

[Damian Hinds]

It is a pleasure to join in this important debate, as it has been to serve on the Bill Committee. I am very pleased that we have two days to debate the Bill on Report, because really it is two Bills, which are very different in character. In part 1, which we are debating today, there is a great deal on which I think all of us in the House agree. In fact, quite large parts of it were in the previous Government’s published Bill. It contains some important provisions covering children in care, special educational needs, child protection and so on.

SEND Provision: East of England

Jess Asato Excerpts

Tuesday 8th October 2024 Westminster Hall

[Jess Asato (Lowestoft) (Lab)]

I beg to move,

That this House has considered SEND provision in the East of England.

Thank you, Sir Mark, for the pleasure of serving under your chairmanship. I thank colleagues from across the region and beyond for attending today’s debate.

I have a personal interest in this discussion: one of my children has attention deficit hyperactivity disorder and, like other Members, I have first-hand experience of the problems of our system. I am sure that other Members have been contacted by many constituents who continue to be failed by the special educational needs and disabilities system. It is not right that constituents come to me in tears after being unable to get their child into a school that can support them, fearful for their child’s future and completely tied down by the need to care for them all day, often without support.

We seem to have a particular problem in the east of England. Nationally, half of all education, health and care plans were issued within the 20-week statutory period in 2023, but in the east the figure was just 34%. That is a low number, but it also masks inequalities in the region: 90% of EHCPs were issued within the time limit in Bedford, but in Suffolk—my county—it was only 4%, and in Essex it was only 1%. It is shameful that two thirds of children in need of support in our region, and 96% in my county, are being left without it, and in many cases are forced out of the education system entirely during some of the most formative years of their lives.

The rate of severe absences for SEND pupils is triple that for other students. Long waits that keep children out of school compound other problems relating to mental health, social development and life outcomes. I have a constituent who is still waiting for a school to send their child to and is extremely concerned about the behavioural changes she has begun to witness due to a lack of structured learning.

Absences further divide those with and without SEND. They isolate the children most in need and hamper their development. I am also concerned about the overly punitive way in which we deal with absences, particularly for parents of SEND children. Given my background of working with vulnerable women and children, I was alarmed to find out from the charity Advance that the majority of parents imprisoned for truancy are women. It is of course hugely important that children are in school, but for that to happen we have to support children and their parents, rather than simply add fines or the threat of prison to the already traumatic situation.

We seem to forget that education is a right, as well as a legal requirement. Where is the right to education for children with SEND? Where is the legal imperative to provide a decent education for all children, particularly our most vulnerable? The delays parents experience serve only as a “how high can you jump?” barrier, and send the signal that children with SEND are second- class citizens.

The SEND system is creaking at the seams: there has been an explosion in demand, and the supply has not caught up. Even for parents and children who have waited and received an EHCP, life does not get much easier. I have a constituent whose daughter experiences a range of health conditions and, despite having an EHCP, is forced by council delays to stay in her mainstream school, where she has been repeatedly held back a year. Another constituent’s son’s transition from school to college, and from disability living allowance to personal independence payments, was complicated by errors introduced by the county in his EHCP.

The SEND system is broken, but we knew that: it was highlighted by the SEND review published under the previous Government in 2022. Parents and children have been asked their views again and again, but very little has changed. What would first steps look like for the Government? First, delays to the issuance of EHCPs require work to combat the national shortage of educational psychologists. Indeed, solving that issue and being able to invest in those professionals can also save us money. The Association of Educational Psychologists has found that, on average, an EP costs £234 per day, whereas agency and locum staff cost £600. Secondly, preventive programmes are key, which is why I welcome the Government’s swift announcement to extend the Nuffield early language intervention into next year. That is particularly important, given that children with speech and language challenges make up the single biggest group within SEND. Thirdly, it is my hope that the Government look to extend the funding for the early years SEND partnership led by the Council for Disabled Children, which comes to an end in March next year. I also hope the Government work to ensure that health visitors have adequate training around the ELIM—the early language identification measure—as part of the two to two-and-a-half-year review.

The Government’s new core schools budget grant for special and alternative provision schools and the announcement that the Department is looking into the national funding formula are to be welcomed. After 14 years of Conservative Government cuts, the system needs to be rebalanced towards prevention and early intervention, which is more cost-effective in the long term.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Member for Lowestoft (Jess Asato) for introducing the debate. The number of people in the Chamber is an indication of the importance of the subject, which is an issue in the hon. Lady’s constituency.

I have six grandchildren and three of them are in need of speech therapy. One of those had an early diagnosis and today that young boy has advanced incredibly well. The other two needed that early diagnosis, but the families had to go and get a diagnosis done privately so they could get the assessment and move forward. Does the hon. Lady agree that when it comes to SEND issues, the knock-on effect for SEND provision starts when a child is first diagnosed and that more must be done to ensure children’s health services get more children the assessments they need, meeting efficient timescales and thereby giving a child a better life?

--- Later in debate ---

[Sir Mark Hendrick (in the Chair)]

Order. I ask Members when intervening that they make it much shorter than the intervention we have just heard.

[Jess Asato]

I agree with the hon. Member that early diagnosis helps that child and their family, and we also save ourselves money in the long term. I also welcome the curriculum review, which I hope will bring about a broader curriculum that allows everyone the opportunity to flourish.

I am glad the Government have made breaking down the barrier to opportunity a key mission, ensuring that all children get the best possible start in life. It is such an important task. I look forward to hearing more from the Minister about the Government’s ambitious plans and to hearing contributions from Members from across our region.

[Several hon. Members rose—]

--- Later in debate ---

[Jess Asato]

I thank the Chair, the Minister, the shadow Minister and all hon. Members for their contributions. I cannot do them justice in such a short time, but I hope that this issue will continue to command cross-party and cross-regional support.

I just want to talk about the so-called “over-energetic” child, who faces exclusion for consistent poor behaviour. I want to see that child get access to the diagnosis and support that they need to stay in school and flourish, and to support our struggling families. As one mum told me:

“I didn’t want to have to become a lawyer; I just wanted to be a loving mum”.

I thank hon. Members very much for the debate today.

Question put and agreed to.

Resolved,

That this House has considered SEND provision in the east of England.