Children and Families Bill

Lord Lingfield Excerpts

Tuesday 2nd July 2013 Lords Chamber

[Lord Lingfield]

My Lords, my comments today are concerned only with those aspects of the Bill, mainly in Part 3, that deal with children and young people with special educational needs.

Some 35 years ago the report of the noble Baroness, Lady Warnock, whom I am delighted to see in her seat today, paved the way for wide-ranging changes in the way that the state education system deals with children with special needs and disabilities. It is more than 30 years since the Education Act 1981 put in place many of the tenets of the current legislation and the system of statements of special needs. It is some six years since the publication of the second report of my Commission on Special Needs in Education, which I was asked to chair by the then leader of the Opposition, who is now the Prime Minister.

In the course of that commission, we noted that the extraordinary advances in medicine since the Warnock report and the 1981 Act mean that many more children, often with the most serious, multiple disabilities, now not only survive birth but can find much contentment in much longer lives with the proper attention, therapy, medication and—very importantly—education. During the commission we also heard from a large number of dedicated professionals and devoted parents, whose work on behalf of children with special needs is both heartening and humbling. Virtually every submission noted, and almost every witness from whom we took evidence believed, that radical revision of the provision for special education needs was long overdue. It is for this reason that I welcome the aim to create through this Bill a new legislative framework that better reflects the different circumstances that the decades since 1981 have brought.

In particular, I commend the Bill’s focus on extending the coverage of legislation from birth to 25 years of age, unlike the current system that applies only to the end of school-based education, at which point, to quote a parent giving evidence to us, the child will,

“fall off an educational cliff”.

It is particularly important that those in this older age group with profound and complex needs are eligible for the continuation of their plans, for there are few clear-cut educational opportunities for them and they are the ones most likely to benefit from the continued protection of their plans.

I very much welcome the Bill’s new provisions, mentioned by the Minister, to place a legal duty on health services to make the healthcare provisions specified in the proposed education, health and care plan. I believe—but I stand to be corrected—that in Scotland social care is also included.

I firmly support the provision for personal budgets and direct payments. I note with concern, however, that last month’s evaluation of the pathfinder local authorities carrying out this work at the moment reported that,

“many areas had found it difficult to develop personal budgets”,

and referred to the “limited take-up” of direct payments. In light of these assessments, I am sure that Ministers will be able to reassure your Lordships that they will redouble their efforts to address these concerns.

In his Written Statement to mark the launch of the Green Paper that preceded this Bill, my right honourable friend the Secretary of State for Education set out his aspiration for,

“a radically different system to support better life outcomes for young people; give parents confidence by giving them more control; and transfer power to professionals on the front line and to local communities”.—[Official Report, Commons, 9/3/11; col. 64WS.]

The expectations from the new legislation will therefore be very high among families and professionals working in this area, and among all those who seek to ensure that some of our most vulnerable young citizens are adequately supported. If they are not to be disappointed, we must satisfy ourselves that the legislation before us and the regulations and guidance that will follow it will allow these laudable aims for change fully to be met.

It is with this in mind that I want to highlight one of the main challenges I believe the Government will face in moving from what are commitments to actually implementing the legislation. I referred a moment ago to the recent evaluation report of the pathfinder local authorities. It is encouraging to note in it the efforts made by pathfinders to test the new processes provided for in the Bill, and to read that they,

“appear to recognise the advantages of working differently, and are positive about the impact of … changes”.

However, it is clear that pathfinder authorities have had to devote considerable time and resources to developing these new processes and that while there have been some encouraging findings from them, the pathfinders themselves encompass only a small minority of authorities—fewer than a quarter of those in England. As a result, even where pathfinders are able to make progress in putting in place elements of the proposed system, there is still a huge task ahead for these lessons to be communicated, understood and implemented across the vast majority of local authorities and, just as importantly, for these lessons to inform the regulations and guidance that will follow this Bill. I do not need to spell out the consequences of this being done inadequately. Experience suggests, I fear, that in many areas these reforms will be very slow indeed to take effect.

My final point today is that we must absolutely ensure, as we seek to put in place this radically different new system to which the legislation aspires, that we do not remove the current rights for parents and children under existing legislation. This is a point to which I will wish to return, as I suspect others of your Lordships will, as the Bill progresses through your Lordships’ House.