Special Educational Needs and Disability Funding

Layla Moran Excerpts

Wednesday 29th January 2020 Westminster Hall

[Gillian Keegan]

I agree—that is a good point. For new Members who might not know, I should say that autism awareness training is available to all Members and our staff here. We have done it, and it is also useful for surgeries to ensure our staff are trained. The more that we can help, the better. Talking about autism and understanding how to make places more autism-friendly is vital.

Having to place children outside an area because no provision is available also drives up expenditure: on average, that costs £45,000 per child, compared to £19,000 to place them in a local special school. Last December, nearly 500 children were funded out of the county. That is a massive cost, so there is a pressing business case for strategic investment in the county, rather than endless reactionary spending.

[Layla Moran (Oxford West and Abingdon) (LD)]

Does the hon. Lady share my concern not only about children being placed outside their area, but about the fact that many of those children are placed in unfit settings—not registered as official educational settings and, therefore, not inspected by Ofsted? Local authorities get over that through a code of conduct. Does she agree that all alternative provision settings should be registered and properly monitored, so that those children get the help they need and the education they deserve?

[Gillian Keegan]

Yes; that sounds like a sensible suggestion, although I have not come across that problem myself. Most of the facilities the children are sent to are amazing: we do not have equivalent facilities in West Sussex. Many of them are private, which is why they are so expensive.

Our local special needs schools are clearly stretched to the limit, and that also has implications for staff. Understandably, children with certain behavioural challenges often need extra support. I would be grateful if the Minister outlined in her response any steps being taken to ensure that mental health support is available for staff, who endure much more emotional stress in the workplace than staff in many other school settings.

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[Alex Chalk (Cheltenham) (Con)]

I congratulate the hon. Member for Twickenham (Munira Wilson) on her powerful and forceful contribution on such an important issue. She has the thanks of the House for raising this issue.

I start by setting out the position in Cheltenham, where we are particularly well served, with Battledown Centre, which assesses children between the ages of two and six; Belmont School, which is for children with moderate learning difficulties; Bettridge School for children with severe learning difficulties; and the Ridge Academy for children with emotional and behavioural problems.

As the hon. Member for Twickenham said, it is hard to overstate the extent to which demand has rocketed; it is not just demand in terms of the numbers, but in terms of complexity as well. To put a little flesh on those bones, the 2019 National Audit Office report—recent data—indicated that the number of pupils attending special schools had risen between January 2014 and January 2018 by 20.2%. Furthermore, in terms of complexity, the proportion of pupils with the greatest needs had risen between 2014 and 2019 from 2.8% to 3.1%. That might not sound like a great deal, but given the extent to which they require significant resources, it is a telling point. I have picked up that point when speaking to teachers in my constituency. One told me that he had worked in a special school for something like 25 years. When he started in the 1990s, a normal pupil-teacher ratio was in the order of 16:1, but the idea of a 16:1 ratio now in a school with moderate learning difficulties is completely fanciful, because the level of complexity is much more significant.

In practice, what that means is that those schools that are supposed to be dealing with children with moderate learning difficulties are, in fact, dealing with children with severe learning difficulties, and those schools that are meant to be dealing with children with severe learning difficulties very often find it difficult to cope. What then happens? Those children end up in independent provision. Quite apart from whether that is the best place for them to be, it is incredibly expensive and ends up taking resources away from the pot.

We spend a lot of time praising public servants in this place—that is absolutely as it should be—but we should have a special regard and respect for those people who work in our special schools. They are dealing with an extraordinary surge in complexity with an extraordinary sense of professionalism, devotion and care. They have my sincere gratitude, and I dare say that of everyone here.

We have got to have a better understanding of why this surge is happening. The Government announced a review in September 2019, and that work has to include action on the specific health conditions that are driving the demand. As a society, we have to face up to an issue, which is positive, but which is sometimes uncomfortable for us to grapple with. The reality is that there are a lot of children surviving in childbirth who might never have survived before. Thank goodness that is happening, but it does mean that we as a society have to recognise that there may be knock-on consequences, which we have to resource properly.

[Layla Moran]

I am pleased that the hon. Member is raising the work of the NAO. I helped to lead that inquiry for the Public Accounts Committee, and it is good work. We need to be very careful. Although there is potentially a correlation, it is anecdotal that there is a relationship between the two. It is not necessarily borne out in the data. I would be wary of making that link without the data.

[Alex Chalk]

The hon. Lady is absolutely right to tread carefully. The central point is that we need the data. It is critical that we make these important public policy decisions on the basis of the strongest evidence. We have to go where the evidence takes us, even if it is not always comfortable to do so.

I pay tribute to the Government for the additional funding. Of course, we all want more, but it is important to recognise how significant that additional sum has been. It is something in the order of £700 million. Taken in isolation, such figures are meaningless. We have to look at the context of the overall high-needs pot of around £6 billion. The Government investment is a significant sum of money set against that. In Gloucestershire, that means that the budget has gone from about £60 million up to £66 million. I take on board the points made by the hon. Member for Twickenham about ongoing needs and the fact that some local authorities have found themselves overspending and viring money from the mainstream block to fund the shortfall, but we should not lose sight of the fact that is none the less a significant sum of money.

Of course, although it is a critical factor, it is not all about money. I pay tribute to the headteachers in Cheltenham, and Gloucestershire more widely, who have addressed the point made by the hon. Member for Barnsley East (Stephanie Peacock) about off-rolling. We did have a big problem with off-rolling in Gloucestershire, but the headteachers have worked closely together and they have reduced the number of exclusions by 19% in 2018 and 42% since September 2019. That is a fantastic piece of work because, at the risk of stating the obvious, if they do not do that schools decline to manage children with SEND in mainstream education, who might then go to schools with moderate learning difficulties; those schools cannot cope, and they then shunt people on to schools with severe learning difficulties, and as I indicated earlier, they often end up in independent provision. We have to break the cycle and break that domino effect. Headteachers working together are doing so, and I commend them on that.

I have a number of asks of the Government. Will the Government look again at the expectation that mainstream schools such as, for example, Pittville School or Balcarras School in my constituency should pay for the cost of SEN support up to £6,000? That places a financial burden on schools. Although they are living up to their obligations, we should recognise the strain that that places on them. Secondly, I have indicated that we need to progress work on identifying causes. Thirdly, we need to look again at the code of practice and, in particular, the threshold for education, health and care plans. We simply cannot duck that. Finally, is now the time that we ought to look at whether clinical commissioning groups should bear some of the burden, particularly where there is increasing medical intervention? As a society, we have to grapple with those issues. I am grateful to the hon. Member for Twickenham for raising the debate and I pay tribute to the teachers who deliver so much in Gloucestershire.

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[Layla Moran (Oxford West and Abingdon) (LD)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I congratulate my hon. Friend the Member for Twickenham (Munira Wilson) on securing this incredibly important debate.

In the short time we have, I join colleagues in heartfelt thanks and admiration for those on the frontline who are dealing on a day-to-day basis with children with special educational needs. “Dealing” is not quite the right word. I used to be a teacher and know that, as has been said, those students are often the most creative and giving, intellectually, in the class. Once that potential has been unlocked, they can fly.

I often go to special schools in my constituency, and we speak about how students can feel excluded from the system. Children are pulled out of classes when they want to be included. I would love us one day to have an education system that is fully inclusive and is allowed to make accommodations on a case-by-case basis for every single child. Most teachers know what those accommodations need to be. We have heard already about the funding crisis. There is a notional SEND budget that comes out of the main schools grant. It is £6,000 from every school and it creates a perverse incentive. That has to go, which is why in the last election the Liberal Democrats suggested that it should be cut to £3,000 for each child, but the fact is we need to make sure that any child, anywhere, gets the full accommodations that they need.

In the short time I have remaining I will highlight the “h” part of EHCPs. We often talk about autism and dyslexia, but it is also meant to cover children with disabilities. The other part of the NHS that feeds into the issue is child and adolescent mental health services. I have constituents in my area of Oxfordshire who have waited nearly two years for their EHCPs. That is a direct result of underfunding in CAMHS, which the local CCG and the local authority commission together. What work is the Minister doing with other Departments to ensure that they are meeting their requirements for EHCPs?

I will quickly highlight unregistered alternative provision. What happens to students who are excluded from school? Very often those schools do not want to do that, but for the sake of other children in school, or because they simply cannot provide the resourcing needed, they move the students on, often asking for them to be home-schooled or otherwise. Why do we have a system that allows any child essentially to be pushed out of the system altogether? I can understand that the child might go somewhere else, but that provision needs to be fully registered and fully inspected. If the child is to be home-schooled, that needs to be up to a standard. My final question to the Minister is about what happened to the consultation on children not in school. We were meant to have a response by the end of the year. That is an important part and we have not seen it.

[Mark Pritchard (in the Chair)]

Order. It is now time to call the first of the Front Benchers.

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[Steve Reed (Croydon North) (Lab/Co-op)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. As many others have done, I congratulate the hon. Member for Twickenham (Munira Wilson) on securing this important debate. She has big shoes to fill, following her illustrious predecessor, but has certainly made an impressive start this afternoon.

Children with special educational needs and disabilities are some of the most vulnerable children in our country. They need help and support when they are young to help them to cope with the rest of their lives, which can be very challenging. I join the many Members who have congratulated the incredible professionals who dedicate their time and their lives to supporting those children.

There can surely be no MP who has not encountered heart-rending cases of children who have been refused the support that they so urgently need. In my constituency of Croydon North, I have been dealing with the case of a young boy with dyslexia whose family have to spend four hours a day travelling to take him to an appropriate school. Another child, aged just seven, had to be educated at home for more than a year because none of the three special schools that were close enough for him to attend had a place to offer him.

The cause of those problems, and many like them, is the severe underfunding of such services by the Government. The Conservative-led Local Government Association says that, even after the additional funding that I suspect the Minister will shortly trumpet, high-needs services face a shortfall of £109 million over the coming year. They cannot plan for what comes after that because the Government have still not announced the funding. Councils, which are responsible for those services say that high-needs funding is one of the most serious financial headaches that they face. The money simply is not there to provide an adequate service for every child who needs it.

Things have got so bad that the LGA says that councils will no longer be able to meet their statutory duties to support children with special educational needs and disabilities. That is simply shocking and unacceptable. It means that children in desperate need—children with severe disabilities—will be turned away because the Government refuse to pay for the care that they so urgently need, and that every single one of them deserves.

Ofsted, which inspects such services on behalf of the Government, tells us a very similar story. According to Ofsted, last January almost 3,500 children who needed special support were still not receiving any. Of those, 2,700 were not in school or receiving an education of any kind because of the lack of support. That is not only short-sighted but cruel. It is cruel to the children whose futures are being curtailed, and cruel to their parents, who are left struggling, angry and frustrated that their child is being denied that most basic of human rights: the right to an education.

[Layla Moran]

The hon. Gentleman is making a powerful speech. Does he share my concern that very often these children end up in the prison service, and is he aware of the statistic that children in custody are, on average, twice as likely to have SEND problems as those in the general population? If we intervene early and ensure that they do not go to prison, that will save the state money.

[Steve Reed]

The hon. Lady makes an important point. Many of the outcomes for these children in later life are negative when they could have been positive.

The failure to fund high-needs services adequately means that lower-level support suffers as a result. The Children’s Commissioner says that speech and language services and mental health services have all suffered. Leaving children with such disabilities unable to cope means that their chance to function well as adults is taken away from them. It is fair neither on the children, who deserve much better, nor on society as a whole, which will be left to pick up the much higher costs of supporting them as adults.

We cannot just abandon these children, so I would be grateful if the Minister responded to a few specific points. Councils need the powers and funding to open new special schools where they are needed. Will she confirm that that will be part of the Government’s review? By the end of August last year, half of the 100 areas that had been inspected by Ofsted and the Care Quality Commission were found to have significant weaknesses in their SEND services. They were all required to submit written proposals for improving their services. That is a shockingly high level of failure. Why has it not triggered a co-ordinated action plan across Government to bring those services up to the level required?

The inspections identified a long catalogue of failings. Here are just some of them, according to the reports: joint commissioning and service planning is weak; education, health and care plan assessment is not working well enough; too many care plans are not finalised within the 20-week timescale; designated medical officers are under-resourced; oversight of care plans is inadequate; transitions into adult health services are inadequate; families do not know where to get the help and support that their children need; more than half of parents or carers have had to give up work to care for their disabled child; more than half of parents and carers have been treated for depression, including suicidal thoughts; and too many parents and carers say that their views and experiences are neither heard nor valued.

That all comes from Ofsted and the CQC, the Government’s official inspectors for such services. Is the Minister really content to preside over services failing to that extent, because she should not be? I hope that she will not just dismiss that evidence, as previous Ministers have, or resort to platitudes about inadequate funding increases. Special needs services are in crisis. Too many vulnerable children with disabilities are living in crisis, and they deserve an urgent response from the Government to put things right.

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[Michelle Donelan]

Every local authority does indeed have statutory obligations, and as it says on the tin, it should be meeting them. As was raised by a number of Members, these children are some of the most vulnerable in our society, and their needs should be paramount and at the top of our agenda when we are setting policy and ensuring that it is delivered on the ground.

It is not the case that this is a problem up and down the country, or that the system is failing everywhere, because it certainly is not. There are a multitude of examples of excellent service for children with SEND, some of which were mentioned by my hon. Friend the Member for Chichester in relation to her local college; I would be delighted to visit that college in order to see the work that it is doing. As a number of Members have done, I praise the excellent staff up and down the country and the professionals who work tirelessly in this field. By focusing on the negatives, we can sometimes detract from the tremendous work that those people do.

[Layla Moran]

I absolutely share that sentiment. Before we move away from what the Minister was saying about the new consultation that she will be carrying out on this issue, I wonder whether she might answer my question about where the consultation is on children not in school. Clearly, we should be seeing the results of that before we launch a new consultation that might be linked to it.

[Michelle Donelan]

Indeed, but one review—the SEND review—will be published in the first quarter of this year, so we will then be able to make a strategy and move forward with an evidence base. The other consultation that the hon. Lady is on about is not the same as this consultation, which is completely targeted at SEND and the children who we are talking about today, and will inform our policy as we move forward.

The hon. Member for Croydon North mentioned the importance of working across Government, an issue that has been raised by a number of other colleagues. I want to reassure everybody that this area does not just fit within the Department for Education. I have regular meetings with my counterparts, and in addition, the cross-Government review takes that very fact into account.