Children and Families Bill

Lord Lucas Excerpts

Tuesday 2nd July 2013 Lords Chamber

[Lord Lucas]

I am very grateful to the House for allowing me to speak in the gap. The noble and learned Baroness, Lady Butler-Sloss, is now neither last nor least. I declare my interests. My family is peppered with special educational needs, and I publish information and advice about them.

I share with the noble Lord, Lord Knight of Weymouth, and many others the conviction that higher education should be in this Bill. I want to see those who are older than 18 given a right to involve their parents in special educational needs negotiations with institutions. There are many institutions that currently refuse to involve parents in such discussions. I agree with the noble Baroness, Lady Grey-Thompson, that choice seems to be threatened by the wording in this Bill, and I, too, want to see how the wording of admissions policy regulations works with this Bill. I want to understand how this Bill affects co-responsibility where children are educated at both a mainstream school and a special school, particularly as regards academies.

I want to be sure that education, health and care plans are owned by somebody, that there is an effective right of appeal for parents who are denied one and that the Government will provide examples of good practice and will not just let these things be developed independently by local authorities. I want to make sure that the military have effective means of portability for education, health and care plans, given the way they are moved around, and I want to be sure that this Bill works for home education. There was considerable progress on this in the Commons, but I do not believe that we have yet got to the end on it.

Most of all, I want to pay attention to the needs of those children who are currently school action or school action plus, who are the great majority of children affected by this Bill. The fact is that labels help. They help the kid, they help the school and, most of all, they help the parents. I have seen this time and time again. Everybody is better after somebody has been diagnosed, and to remove labels is a dangerous thing to do within the context of schools. It is taking us back to the invisibility of these conditions, which was not a good time.

We have problems in the overdiagnosis of school action and school action plus, which is exacerbated by a number of perverse incentives that encourage schools to inflate the statistics either because they wish to give reasons why children were not performing so well or because there were financial incentives involved. We have got to the point where either the pattern of SEN and birth date is the first documented proof of astrology, or there really is a serious problem in the way we are diagnosing school action and school action plus kids. What we want to do is not to abolish it but to get it right. One area that I particularly want to pay attention to is exam concessions. Either we are not giving exam concessions to the kids who deserve them, or we are giving exam concessions to kids who do not. One way or another, we have to explore a way of setting that right.