Local Authorities: Children with Special Needs

Lord Addington Excerpts

Thursday 22nd November 2018 Lords Chamber

[Viscount Younger of Leckie]

The noble Lord makes a very valid point. Much work is going on in that area to ensure that local authorities and CCGs work ever more closely to ensure that the EHCs come through and are correct for each particular child—as each particular child counts. We have invested £391 million for local areas to support implementation since the Act came into force in 2014. This includes £252 million direct to local authorities to cover the so-called “new burden” of implementing the reforms, and a further £60 million from 2014 to 2018 for independent supporters.

[Lord Addington (LD)]

My Lords, when you have a system in which going to law to get your legal rights enforced has become the norm—which is what has happened here—is that not an absolutely clear sign that something is going wrong? If we are to continue with this system, we must put more money into it or at least ensure that the appeals system is not dependent on lawyers. If we do not do that, we are clearly failing—and, as the noble Lord, Lord Lexden, pointed out, we are making sure that those who do not have financial resource are effectively excluded from the state education system provision for these children.

[Viscount Younger of Leckie]

I know that the noble Lord has strong feelings about this area, and so do we. But I say again that the vast majority of cases are concluded without the need to resort to tribunal hearings. Where families make an appeal, the local authority will need to judge how to respond, and, in so doing, must put the interests of the child or the young person first. Ultimately, it is for local authorities to make these judgments. This is a long-term rollout, so it is too early to say how well it is working, but we believe that we are definitely going in the right direction.

--- Later in debate ---

[Viscount Younger of Leckie]

It is certainly true. As I said earlier, the system is still relatively new and we will need time to fully bed it in. There are early signs that the system overall is working. We have given £391 million to local areas to support implementation of this. We are yet to ascertain why there is variability. For example, I know that in Bradford and Shropshire there have been very few appeals, but in Kent and Surrey there have been a lot. So there is quite a lot of work to be done to analyse the statistics. It may be something to do with the idiosyncrasies of the particular areas.

[Lord Addington]

My Lords, I apologise to the House. I forgot to remind noble Lords of my declared interests.