Wednesday 11th May 2011

(13 years, 7 months ago)

Commons Chamber
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Nick Gibb Portrait Mr Gibb
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I will write to the hon. Gentleman to make sure that I am giving him an accurate response on the data collection issues to which he is referring. Of course the funding for places at an AP academy will come through the system, where a record will be kept to make sure that that funding is properly allocated. He is referring to the national collection of data, and I will write to him about that to make sure that we have the case precisely summarised.

Meg Munn Portrait Meg Munn (Sheffield, Heeley) (Lab/Co-op)
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This discussion is important. The Minister will know that many Labour Committee members were particularly concerned about vulnerable children, so will he explain why we are discussing this now, why these provisions were not introduced earlier and why we have not had a proper chance to debate at length these fundamental issues, which he knows to be of great concern to Committee members?

Nick Gibb Portrait Mr Gibb
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The issues were raised in Committee, and these are technical amendments—they are about getting the wording of the provisions right. These things could have been done in a more cumbersome way, but we decided to deal with them in the Bill, so that the provisions are made simpler for people who read it. There is no policy difference between what we discussed in Committee and what is set out clearly in the White Paper.

Government amendment 39 is even more technical. It seeks to correct a missed consequential amendment in the Bill. It removes a reference in section 77(3) of the School Standards and Framework Act 1998 to section 77(4) because, if the Bill is passed, paragraph 17(4) of schedule 14 to the Bill will remove subsection (4) from section 77, so we do not want any references to section 77(4) in the Bill. I urge hon. Members to support the Government amendments and new clauses.

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Meg Munn Portrait Meg Munn
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Does my hon. Friend agree that it is in the Government’s interest to follow the proposals in the amendment? We want the system to work. I believe sincerely that Ministers are honourable gentlemen who want it to work. The amendment offers a way of checking that the policies and procedures that they are pursuing lead to better outcomes for a group of children about whom we are all concerned. Although I understand the Minister’s admirable desire to trust professionals, education is ultimately about children, and if we are not on the side of the most vulnerable children, we are not doing our job.

Stella Creasy Portrait Stella Creasy
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My hon. Friend is exactly right. The amendment is about implementation. How do we make sure that as the new policies are introduced, there are not unintended consequences, or perhaps even intended consequences, that we will have to deal with further down the line?

The evidence shows clearly that a large percentage of the children who are excluded from schools have special educational needs—87% of children excluded from primary schools and 60% of children excluded from secondary schools have identified special educational needs. A significant number of those children have attention deficit hyperactivity disorder, autism and mental health issues. Many do not receive the special educational needs provision that would help to keep them in mainstream schooling. For example, a number of children have to wait more than a year to access a mental health counsellor. Clearly, that impacts on schools’ ability to cope with those young people.

The amendment has been tabled today because of the concern that the Bill will create disincentives for schools to deal with those young people and instead encourage schools to exclude them and so pass them on to somebody else to deal with, rather than taking responsibility for their educational needs. All of us acknowledge that the way in which children with special educational needs are supported in the education system should improve. That is not an issue of contention between parties. The question is how we do that.

In Committee some of us expressed severe reservations about considering the Bill without the Green Paper on special educational needs being available to compare and contrast. The Green Paper was published while we were in Committee, and we are grateful that that was not at 4.55 pm on a Friday, but it raised more questions than it answered about how children with special educational needs will fare under this Government.

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Meg Munn Portrait Meg Munn
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This is a disappointing Bill. It will not do what an Education Bill should do—put children and their education first. That means every child. The mantra, “We must trust the professionals,” is not balanced by respect for children and parents. The powers of search are at best misguided and at worst dangerous. No-notice detention is a potential nightmare for hundreds of young carers throughout the country, and it is unnecessary.

The approach to exclusions is unbalanced, putting at risk the education of many children with special educational needs. No attention has been given to child protection issues in the Ofsted framework that is out for consultation. While Ministers are publishing the welcome Munro review on child protection and looking to strengthen that, the Bill makes matters worse.