Armed Forces Bill (First sitting)

Debate between Mark Francois and Jayne Kirkham

Select Committee stage
Tuesday 24th March 2026 Public Bill Committees

[Mr Francois]

I was hoping to approach this in a relatively non-partisan manner, but if the hon. Lady wants to mix it, I am happy to do so.

[Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)]

Will the right hon. Member give way?

[Mr Francois]

Let me just reply to the first intervention, and then I will be happy to take another. It is definitely true that there is a backlog in granting EHCPs in Essex, for a number of contractual reasons. To be fair to the county council, it now has a new contract and has invested heavily in catching up, but let me get back to the service personnel aspect.

[Jayne Kirkham]

I have great sympathy with what the right hon. Member is saying. We face this issue all over the country, particularly in Cornwall. However, he will be aware that the amendment may be out of date soon because the Government are introducing new SEN reforms that will introduce national standards, so hopefully it will no longer be needed.

[Mr Francois]

I appreciate the hon. Lady’s point. Having looked at the White Paper in a fair bit of detail, I have tried to incorporate how the system will change into what I am going to say. There is still a fundamental problem, however, which I hope I can explain to her satisfaction.

I have come to understand at least a bit about the complexities of the situation, including the important fact that some 99% of appeals to SEN tribunals for an EHCP to be granted are eventually approved anyway. That is a phenomenally high percentage. It struck me that the system was expending a tremendous amount of resource in trying to exercise the judgment of Solomon as to whether child A was marginally more entitled to a scarce SEN school place than child B. That can apply to the children of service personnel as well. It therefore seemed to me, after some years of experience, that the only way to cut the Gordian knot was to increase the supply of special needs education. With all the SEN schools in south Essex already heavily oversubscribed, that meant creating a new special needs school from scratch. I spent three years trying to do exactly that.

I am delighted to tell the Committee that Wolsey Park school, the first ever SEN school in the Rochford district, is now under construction and will hopefully open in the spring of next year for 150 children with severe or profound learning difficulties—the most challenging SEN cases—in Rayleigh. There will also be an annexe with a further 100 places on the former Chetwood primary school site in South Woodham Ferrers. The school will be called Wolsey Park, although light-heartedly I thought “Francois academy” had a certain ring to it. Others, unfortunately, disagreed. It should provide high-quality education for those very special children.

As a result of that process, I have been on an educational journey that has taught me quite a lot about the complexities and challenges of the whole area, which of course also applies to service personnel who have a child, or in some cases children, with special educational needs. I know that this can sometimes be an emotive subject, not least for parents, but I hope I can convince the Committee that what I am attempting to do is not any kind of partisan initiative, but will hopefully be to the benefit of all service personnel and their families in this category.

The hon. Member for Truro and Falmouth raised the new White Paper. In February 2026, the Government published a long-awaited White Paper on this subject, “Every child achieving and thriving”. There are a number of positive suggestions in that document, and I should like to touch on them, as they potentially affect armed forces personnel.

According to the latest estimates, by which I mean the gov.uk statistics concerning SEN and EHCP provision in England for the academic year 2024-25, there are 482,640 children with an education, health and care plan in England. Obviously, the number increases when Scotland, Wales and Northern Ireland are included in the total; they have different names for the document, but they are essentially quite similar.

The definition of special educational needs, which is included in the SEND code of practice for England, is brief and very clear:

“A child or young person has SEN if they have a learning difficulty or disability which calls for special educational provision to be made for him or her.”

At present, that provision, whether it is in a mainstream educational setting or a dedicated SEN school, is often supported in the most challenging cases by an EHCP. The White Paper estimates that around 5.3% of children in England, or just over one in 20, currently qualify for an EHCP. Although I have not seen specific statistics relating to the military community, it seems logical that the proportion is unlikely to be lower, so at least one in 20 service children, and perhaps even more, qualify for an EHCP.

One of the challenges of dealing with SEN children—this point relates directly to amendment 11—is that providing the additional support they require is often relatively resource-intensive. Local education authorities are therefore often reluctant to speedily grant EHCPs because of the financial pressure that it adds to their budgets, even though 99% of those cases tend to be settled in favour of the parents and the child concerned anyway, sometimes after a gruelling and time-consuming appeal process.

Because of the funding pressures placed on local authorities by the growing demand for SEN support and for EHCPs in particular, several years ago the then Conservative Government introduced what was known as the statutory override for local authority budgets. In essence, it meant that although local authorities are required by law to set a balanced budget each year—would that central Government had to live by such discipline!—the one exception whereby they are allowed to run a deficit deliberately is the case of costs arising from SEN education.

As we have local elections approaching, it is fair to say—without being partisan or going into the cases of individual councils—that rising SEN costs have placed a number of local authorities that are also local education authorities, such as county councils or metropolitan or London boroughs, under considerable financial strain in recent years. As a result, under the Conservative Government, the statutory override that was introduced in March 2020 and was initially meant to run until March 2023 was extended to the end of March 2026.

Now I am about to give this Labour Government some credit. The question of what would happen when the statutory override ran out is obviously still pertinent. In June 2025, they announced that the statutory override would stay in place until the end of the financial year 2027-28—so they extended it. Moreover, in autumn 2025, the Treasury announced that the Government would absorb the cost of the statutory override through central budgets—in other words, via general taxation—once the override expires in 2028.

As the Library briefing notes on this subject point out:

“Future funding implications will be managed within the overall government DEL envelope, such that the government would not expect local authorities to need to fund future special educational needs costs from general funds, once the Statutory Override ends at the end of 2027-28.”

In February this year—last month—the Government further announced that they would be writing off 90% of councils’ historic SEND-related deficits, at least up to the year 2025-26. All of that is very costly in terms of general taxation, and I have yet to see a comprehensive estimate of exactly how it will be paid for, but the Committee might feel that, in these very particular and emotive cases, the money is none the less well spent.

[Jayne Kirkham]

Looking at amendment 11’s proposed new section 343AZC of the 2006 Act, I am not sure whether there may be a drafting error. EHCPs are normally given to the child, not the parent, and the proposed new section is drafted as if the plan will be awarded to the parent.

Armed Forces Bill

Debate between Mark Francois and Jayne Kirkham

2nd reading
Monday 26th January 2026 Commons Chamber

[Jayne Kirkham (Truro and Falmouth) (Lab/Co-op)]

As a Back-Bench Member of Parliament, I understand that it is rare to see a ten-minute rule Bill progress all the way into law. That is why I was so pleased when I learned that the Armed Forces Bill has incorporated the proposal from my Bill to bring Royal Fleet Auxiliary personnel within the remit of the new Armed Forces Commissioner. When the Armed Forces Commissioner Act 2025 received Royal Assent at the end of last year, it created for the first time an independent statutory voice for service personnel, reporting directly to Parliament. However, the RFA did not get that protection, despite the vital role that its crews play in supporting our armed forces.

Falmouth is home to the Bay-class RFA ships, and I have spent time with their crews in Falmouth docks. RFA personnel are not armed combatants, but they are deployed in warzones and they face danger, and there is no doubt that they are absolutely vital to the UK’s defence, security and maritime power. They have been deployed all over the world on anti-narcotics missions, following earthquakes, providing support during the Ebola crisis, and recently in operations apprehending shadow vessels and protecting our subsea cables. Crews face challenging conditions, including an ageing fleet and staff shortages. Personnel regularly have long sea tours, with less time off per day worked than any other sector. This Government have been working with the RFA and its unions closely on improving terms and conditions, and I hope that will be concluded speedily.

[Mr Francois]

As the Minister who oversaw Operation Gritrock, when RFA Argus was deployed to Freetown as part of Britain’s relief effort to fight Ebola in Sierra Leone, may I endorse everything that the hon. Lady has said and pay a personal tribute to the wonderful work that the RFA did to help combat that wicked virus?

[Jayne Kirkham]

I thank the right hon. Gentleman. I remember the ship sailing from Falmouth and coming back.

Clause 30 of the Armed Forces Bill now delivers what I argued for and formally brings RFA personnel within the scope of the Armed Forces Commissioner. The reform does not change the RFA’s legal status or distinct identity, which is very important, but it finally gives the men and women who sustain our Royal Navy and Royal Marines an independent route to raise concerns about bullying, unsafe conditions, discrimination or misconduct.

Schedule 4 sets out in detail the new powers and responsibilities of the Commissioner in relation to the RFA. These include promoting welfare, improving public understanding of the RFA’s challenges and investigating systemic issues, such as staffing, crew fatigue and safety. It also gives the Commissioner the authority to enter RFA premises, request evidence and issue recommendations that the Secretary of State has to consider. It is worthy of the contribution that the RFA makes, and I am glad to have helped in a tiny way to secure it. The contract with those who serve should not end at the gates of a naval base or the stern of an auxiliary ship. RFA personnel serve this country with dedication and often without recognition, and it is right that our policy reflects their contribution.

I welcome the wider reforms in the Armed Forces Bill, which will benefit thousands of service personnel and more than 30,000 veterans across Cornwall, many of them in Truro and Falmouth. The Bill extends the covenant across all levels of Government so that no one falls through the gaps, and it strengthens the service justice system to ensure fair treatment and proper accountability. It also provides for the publicly owned Defence Housing Service, which will benefit 12,334 homes in the south-west, many of which are in my constituency.

The provisions in the Bill are accompanied by initiatives such as the fantastic Operation Valour, and there is a bid for my constituency to become a hub. Cornwall has the second highest number of veterans of any local authority area, so we believe that it would make a lot of sense to have that provision there.

The right hon. Member for Tonbridge (Tom Tugendhat) made a point about young people. The Government announced an armed forces gap year plan over Christmas to give Britain’s young people under the age of 21 a taste of the extraordinary skills and training on offer across the Army, the Royal Navy and the RAF. It is a really important scheme.

I had very little experience of the military before I met my ex-husband. Everybody knows about the potential risks, but there are huge positives and opportunities that many are not aware of. People can do all sorts of things in the forces—they can learn to be a pilot, a medic, an engineer or even a champion snowboarder—and they gain connections that last a lifetime. My Navy friends are like family to my son, and I consider myself very lucky to have been part of a forces family.

Cornwall has a proud military heritage. Many families have someone who served or is still serving. They make extraordinary sacrifices to keep this country safe, and they deserve safe homes, fair treatment and a system that understands the unique demands of military life. I am pleased that the RFA is included in the Bill and that I have played a tiny part in shaping it. I am also pleased that those who keep our armed forces moving around will now be properly recognised and protected. As a Government, we promised to renew the nation’s contract with those who serve, and we are delivering on that.