Children and Families Bill

Lord Jackson of Peterborough Excerpts

Tuesday 11th June 2013 Commons Chamber

[Mr Buckland]

I am extremely grateful to my hon. Friend for his kind remarks. He makes an important point about a common entry point for families. That is a good start, but more needs to be done to build on it. To be frank, it may not be necessary to do that through primary legislation and the rules of the tribunals might be used. That would be a matter for Her Majesty’s Courts and Tribunals Service. I know my hon. Friend is liaising with counterparts in the Ministry of Justice on other matters that I shall come on to, and I sure he will also give this issue careful and anxious thought.

At the moment, clause 50(4)(a) allows

“other matters relating to EHC plans against which appeals may be brought;”

to be added to the jurisdiction of the tribunal. To be fair to my hon. Friend, there does seem to be a power within the Bill, but it would be wise to go just one furlong further and make it absolutely clear to the families we represent that simplicity is the order of the day when it comes to people’s rights to challenge decisions that—let us not forget this—will affect the life course of the young people we are dealing with.

Let me move on to a rather interesting—well, I hope so—and important matter. Having to admit to being a lawyer is not popular in this House, but words are important and if we change the meaning of something, once again the lawyers will jump all over it. In that spirit, let us consider amendment 39, which relates to the position of current case law, and the synthesis between health care provision, social care provision and education—a point that returns to the comments made by my hon. Friend the Member for Stroud (Neil Carmichael). The Government’s intention seems clear: they wish to replicate current case law when it comes to how local authorities judge their responsibility to make provision in that area. Clause 21 includes the words

“wholly or mainly for the purposes of education”,

and I share the concern that the words “wholly or mainly” set a different and higher threshold than is currently set out in case law. In the 1999 Bromley case, Lord Justice Sedley spoke about a case-by-case analysis of particular applications, rather than a general principle as seems to be suggested by the clause. We should therefore consider a spectrum or range of provision from purely medical to purely educational need. A large number of cases will fall inside that spectrum, bearing in mind the common and well-understood scenario that with a particular need often comes a co-morbid need—a special educational need will often be accompanied by a health need as well.

[Mr Stewart Jackson (Peterborough) (Con)]

I strongly support the points that my hon. Friend is making eloquently and with his normal charm, especially as they relate to particular groups. I speak from my experience of working with children who have Tourette’s. That is one of the most obvious examples of co-morbidities and, for want of a better expression, people fall through the cracks in current legislation and are often failed by educational or health provision. The amendment seeks to ameliorate that difficult situation.

[Mr Buckland]

I am extremely grateful to my hon. Friend, and I pay tribute to him for the work he does with a very challenging condition. A lot of people think Tourette’s syndrome is a funny thing, but for those who suffer from it, it is a challenging and difficult condition that is often misunderstood by members of the public. Perhaps I should pause for a moment and pay tribute to the families and carers who, day in, day out, have to put up with ill-informed and quite frankly abusive comments from members of the public who should know better, whether those parents are taking their child to use a disabled lavatory in a supermarket or going to the cinema and trying to enjoy a film with their child who may have a special need that means they make a lot of noise or have to move about. We still have a long way to go in society to achieve general understanding among a wider section of the public about what it is like to live with a child who has special needs. It is good that an increasing number of towns offer autism-friendly cinema screenings, for example, that allow people to sit in comfort on a Sunday afternoon without needing to have eyes in the back of their head or worrying about what somebody else will say about their child. I have parenthesised a little, but I am grateful to my hon. Friend for his intervention.

I was talking about “wholly or mainly” and the concern shared by many people that we could end up with a wholly artificial argument about a particular type of provision falling between two stools. Thankfully, it has been made clear on case authority that speech and language therapy would be an educational need, but as my hon. Friend the Member for Peterborough (Mr Jackson) said, in a number of examples there will be less clarity and an ugly argument could break out between the health service and the local authority about who is responsible for what.