Local Authorities: Children with Special Needs

Lord Lexden Excerpts

Thursday 22nd November 2018 Lords Chamber

Asked by

[Lord Lexden]

To ask Her Majesty’s Government what guidance they provide to local authorities about the provision of support to children with special needs; and what assessment they have made of the cost to local authorities of appeals against their decisions.

[Viscount Younger of Leckie (Con)]

My Lords, detailed guidance to local authorities about their responsibility to provide support for children and young people with special educational needs and disabilities is set out in the Special Educational Needs and Disabilities Code of Practice: 0 to 25 years, and in a range of other guidance materials produced by the Department for Education. Local authorities’ costs in relation to appeals will vary considerably depending on local circumstances and the nature of those appeals.

[Lord Lexden (Con)]

I declare my interest as president of the Independent Schools Association, which works on behalf of more than 500 smaller, less well-known independent schools. Has my noble friend seen press reports that in the past four years, local councils have spent more than £100 million fighting parents of children with special needs who sought support, and that in nine cases out of 10 the local councils lost? This clearly warrants urgent investigation. Does not the high cost that some parents can face going to tribunals make it extremely difficult for many families to challenge unfair decisions?

Does my noble friend agree that, while some local councils recognise that in appropriate circumstances, a local independent school can be the best option, many other local authorities tell parents—quite wrongly—that an independent school cannot be named in an education, health and care plan? So will the Government review their 2015 code to help more parents who would like their children with special needs to go to an independent school, thereby strengthening the policy of partnership that the Government have with the independent sector, where some 80,000 children with special needs are now being educated?

[Viscount Younger of Leckie]

I have seen the press report; it is right that local authorities respond appropriately to any special needs tribunal appeal—and in doing so they will inevitably incur some costs. The vast majority of cases for education, health and care needs assessments are concluded without the need to resort to tribunal hearings. As the House will appreciate, the system is designed to be person-centred and to ensure that families are properly engaged at all stages. We are investing £20 million more until March 2020 to improve the quality of information, advice and support available to families. On my noble friend’s point about independent schools, he is absolutely correct that parents have the right to ask that an independent school, approved under Section 41 of the Children and Families Act 2014, be named on their EHC plan, as such schools are treated legally in the same way as maintained schools.