Judith Cummins
Main Page: Judith Cummins (Labour - Bradford South)Department Debates - View all Judith Cummins's debates with the Department for Education
(2 days, 22 hours ago)
Commons ChamberThe hon. Lady is absolutely right. I was chairing the Education Committee when the coalition Government introduced the reforms that brought in EHCPs as a replacement for statements. I remember thinking then that lots of good improvements were made—there were very sincere Ministers working hard at it, and they brought in a better system—but the fundamentals remained as they were. One of the aims was to get away from an adversarial, legalistic process, in which articulate and typically better-off people were able to use sharp elbows to get their child what they needed, but pity the inarticulate single mother unable to engage with the system. What would she get? The then Government’s promise was to make that better, but the fundamentals remained.
If demand is so much bigger than supply, this is what we will get. With the best will in the world, local authorities will end up being defensive and saying no as a matter of course, and will give way only when they are forced to. Am I going on too long, Madam Deputy Speaker?
For years, I have fought for a fairer distribution of SEND funding, and for years, I have got nowhere, as successive Governments—Labour and Conservative—have lacked the courage to rebalance the system. I hope Labour will not lack that courage again. I do not pretend to have all the answers to this problem, but I know that we must work out what fairness looks like and the minimum per-pupil cost required for SEND support, and commit to meeting that basic need, if not immediately, then at least over time.
This Government need to be prepared to take from those above the baseline and give to those below. Would they be prepared to do that? No previous Government have been, but perhaps this one will. If not, we must find some other way. We could identify, through a mapping exercise, those who have been left behind, and we could say as a matter of principle that whenever there is an above-inflation increase in the Budget—such as the £760 million that the Chancellor came up with in the spending review yesterday—it will always be used first and foremost to lift up those below the line, while doing nothing to cause a below-inflation increase for those who are above the line.
Even if the Minister agrees with that idea, there will still be crisis management. How do we begin to tackle systemic inequality? Above all, it is vital that we revisit the high needs national funding formula, because it does not sufficiently account for regional cost differences, or for the genuine cost of delivering services in dispersed or under-served areas. The formula must reflect both complexity of need and the geography of the area in which that need arises. It needs to account for the added cost of providing services in rural areas. It is vital, too, that the formula moves away from the historical spend factor—the part of the formula that bases current funding on what a local authority spent on SEND provision in the 2018-19 financial year, and how it administratively described that spend. The formula means that a large section of funding is determined by pre-covid demand for SEND services, despite a post-pandemic spike.
The Government have stated their intention to remove that factor, but progress has been painfully slow. Every year that we fail to act, we condemn another group of children with complex needs to struggling without the support that they deserve. The issue is not simply how much money is available; it is also how accessible and responsive the system is. Families are forced into adversarial processes, schools are burdened with bureaucracy, and children are too often treated as numbers on a spreadsheet, rather than individuals with potential. We need a system that is focused on early intervention, not crisis management.
I am here not simply to raise a problem, but to call for action. That action would ensure a fairer, more transparent funding formula that reflects real-world costs across the country, accounting for rurality and discounting historical spend. It would establish a clear baseline per-pupil cost for delivering effective SEND support, and ensure that every local authority was brought up to that level—if not quickly, then at least over time. It would create better accountability mechanisms, so that areas that are underperforming on delivering SEND provision can be supported and, where necessary, challenged. At the very least, I ask that the Government recognise the injustice of the system and the inequality that it produces.
Those are not radical asks; they are practical, deliverable reforms that would make a meaningful difference for my constituents in Beverley and Holderness—and, I believe and hope, across the rest of the country. We have a duty as parliamentarians to ensure that every child, regardless of background, diagnosis, or postcode, has the support that they need to thrive. The disparities in SEND funding undermine that duty. If we believe in a truly inclusive education system, we cannot continue to turn a blind eye to the structural inequities built into the funding model. We owe it to our constituents, our schools and, most importantly, the children to fix this.
I inform Members that even with an immediate three-minute time limit, I will still not be able to get everyone in.
I congratulate the right hon. Member for Beverley and Holderness (Graham Stuart) on securing this debate. This is an issue close to my heart. I used to be a school governor as well as a college governor, and I remember setting up—along with other teachers and professionals—a specific learning unit, as well as a general learning difficulty unit. Of course, having been a constituency MP for the past 15 years, this is an issue that I have dealt with many a time, and when I have been trying to assist families, I have noticed that they feel utterly exhausted, not only by their caring responsibility, but by a system that seems to place obstacles in their way.
My council, Bolton, has made real progress. Its “Belonging in Bolton” strategy is helping to create more local SEND places, and it was rightly praised in its most recent Ofsted and Care Quality Commission inspection. In the area covered by Salford city council, parts of which now come into my constituency—it now covers Walkden—the council has also been working really hard to improve provision for children with SEND, but of course, all these councils have limited resources. In Bolton alone, over 9,000 children have a SEND issue, an increase of 27% since 2015. One headteacher in my constituency recently told me that their school spends £333,000 a year on teaching assistants to support children with special needs, but it receives only £155,000 in education, health and care plan funding. That leaves a gap of £178,000 every single year, around 7% of the school’s total budget, which they have to find somewhere. That is before we factor in the costs of behaviour support, speech and language therapy, or educational psychologists.
We need a proper plan that would increase the outdated £6,000 top-up threshold; invest in local authority teams to ensure that EHC plans are issued on time, giving families the certainty they need; and target capital funding at where demand is greatest, including in Bolton South and Walkden, to make sure that children can get support closer to home. Children in Bolton South and Walkden need support, and that must not be like winning a lottery.
I congratulate the right hon. Member for Beverley and Holderness (Graham Stuart) on securing this vital debate. I would like to start with the words of Berkhamsted student Hermione:
“I believe, without a doubt, that the school system needs to change. But more than anything, it needs to change for SEN students—because right now, it is failing them…The system broke me down completely. Instead of supporting me, the system left me feeling isolated and overwhelmed.”
Last week, I met Hermione at Egerton-Rothesay school in Berkhamsted. She has complex needs, and has found solace in her new school after years of struggling. That is why, for her English oral exam, she was compelled to write a piece called “The school system needs to change: especially for SEN students”. She happened to send it to her headmaster on the day I visited. It is an eloquent piece about her experience, and I wish I had time to share it in its entirety. She concludes by saying:
“I know I’m lucky to have the support I do, but it’s still not enough. The system needs to change—not just for me, but for all the students still being let down, and for the future of education itself.”
She calls for improved teacher training, for a more flexible curriculum and assessments, for schools to listen to SEND students and for properly funded and staffed support. I would like to tell Hermione that Parliament is listening, and this debate will dive into why that proper funding is so vital and how it can be improved.
The Government must heed the call of parents and children to tackle this issue head on. The Public Accounts Committee reported in January that despite the 58% increase in the Department for Education’s high needs funding over the past decade, it has not kept pace with demand. The current funding model, which sees top-up funding for students requiring more than £6,000 a year of additional SEND support, has not been updated, even given the changes in real-term value. That is crippling local schools and authorities, with 38 unitary and county authorities having racked up debts exceeding £2 billion this year alone. That has resulted in high-needs spending being consistently higher than available funding by between £200 million and £800 million a year between 2018 and 2022.
Hertfordshire was given the worst rating for SEND provision under the previous Conservative Administration. The funding formula under the Conservatives meant that children in Hertfordshire have been burdened with the third-lowest per capita funding for high needs funding and far less than just next door in Buckinghamshire. A three-year-old in Hertfordshire with SEND needs would have to finish all their formal education before they would get equal funding to a similar child in Buckinghamshire. The new Government must stop this postcode lottery, as eloquently put forward by the right hon. Member for Beverley and Holderness (Graham Stuart), and ensure that those previously left behind get the support they need.
Kyle’s family in Markyate told me that the system treated them not as kids with hopes and dreams, but as just another name on a piece of paper. Jess in Tring made the difficult decision to remove their six-year-old from school to home-educate and told me that seeing their five-year-old struggling was “heartbreaking”. Those are not isolated cases; they reflect the story across constituencies up and down the country, the real consequences of underfunding and the postcode lottery of unfair distribution.
The Liberal Democrats have a clear plan to fix this broken system. We call on the Government: to establish a national SEND body to end this postcode lottery and to fully fund costs above £25,000 per annum, ensuring that children with complex needs receive the tailored support they require; to increase funding for local authorities to reduce the financial burden on schools after the Conservatives left local councils underfunded; to extend the profit cap from children’s social care to SEND; to provide cash towards the cost of EHCPs to tackle the disincentives creating this adversarial system; and, to reform that broken national funding formula.
This crisis cannot go on. Every child, no matter their needs, deserves the opportunity to succeed with the right support in place. The Government must urgently clarify their reform plans. SEND families deserve certainty, not to be drip-fed information about their children’s future. As Hermione says:
“To anyone who thinks, ‘The system works fine as it is’—fine for who? If it doesn’t work for all, then it doesn’t truly work.”
I thank the right hon. Gentleman for his question. As I have already said, the Government intend to set out our SEND reforms in the schools White Paper in the autumn. I will make sure that a further response is also provided to the right hon. Gentleman on that point.
The investment in the spending review is a critical step forward in our mission to support all children and young people to achieve and thrive, and to support teachers and leaders to deliver high and rising standards across every school for every pupil.
On travel, which has been raised by many Members across the Chamber, local authorities must arrange free travel for children of compulsory school age who attend their nearest school and cannot walk there because of the distance, their SEND or a mobility problem, or because the route is not safe. There are additional rights to free travel for low-income households to help them exercise school choice.
Where a child has an EHCP, the school named in the plan will usually be considered their nearest to home for school travel purposes. We know how challenging home-to-school travel is for local authorities at the moment. That is due in large part to the pressures in the SEND system itself.
Central Government funding for home-to-school travel is provided through the local government finance settlement, administered by the Ministry of Housing, Communities and Local Government. The final settlement for 2025-26 makes available over £69 billion for local government, which is a 6.8% cash-terms increase in councils’ core spending power for 2024-25.
We have committed to improving inclusivity and expertise in mainstream schools, so that more children can attend a local school with their peers. This will mean that fewer children will need to travel long distances to a school that can meet their needs, which will reduce pressure on home-to-school travel over time, meaning that we will be better able to meet the needs of those who still need to rely on it.
Madam Deputy Speaker, I am sure you want me to draw to a close. I reiterate that the Government are urgently looking at reforming the SEND system, so that it better serves children and young people and their families. We have noted all the contributions that have been made this afternoon. This will take time, but we are working at pace and will be setting out our plans to do that in the White Paper in the autumn. Members can rest assured that our approach is rooted in partnership, and that all our work will be guided by what children, their families, experts, leaders and frontline professionals tell us. We can transform the outcomes of young people with SEND only if we listen and work together on solutions.