SEND Provision: South-east England

Mike Martin Excerpts

Tuesday 15th July 2025 Westminster Hall

[Sir Edward Leigh (in the Chair)]

Before Mike Martin moves the motion, I should say that 16 Members wish to speak, so I will probably have to impose a three-minute time limit after he has spoken. My aim is to try to get everybody in, so if we can cut down on interventions, that should give everybody a chance to speak.

[Mike Martin (Tunbridge Wells) (LD)]

I beg to move,

That this House has considered SEND provision in the South East.

It is an honour and pleasure to serve under your chairmanship, Sir Edward. I will speak specifically about Kent and my Tunbridge Wells constituency; I am sure that right hon. and hon. Members will speak about examples in their constituencies. We are speaking about some of the most vulnerable people we represent and, as the Government are reviewing special educational needs and disabilities, it is important that the voices of children and families are heard, because they see the system from the inside and can see its shortcomings.

In Kent, more than 21,000 children have an education, health and care plan—that is 14% above the national average. As a result of rising demand and some mismanagement by the previous Conservative administration, there was a SEND overspend in a recent year of nearly £100 million, which is now being managed down by the Department for Education. At the same time, alongside all other local authorities, Kent has statutory duties to meet EHCP deadlines and provide provision. This creates a conflicting pressure. The story is the same for local authorities everywhere where there is rising demand and declining resources.

The balancing act required creates a false economy. When children do not get the support they need, they fail in their educational setting, but that means they are less likely to achieve in the world of work and are more likely to become a burden on the state in their later years. So getting this right now creates a long-term economic benefit for our society, and it is not just economically right: it is morally right that we do so to create life chances for the children under our care.

To go back to the situation in Kent, under the previous Conservative administration, only 13% of EHCPs were completed within the statutory 20-week deadline in the year to March 2024, and because of that Kent was put into special measures. I have called a number of times for that status to be continued because there was some improvement, in that the provision of EHCPs within the deadline went up to 65%. Kent was therefore taken out of special measures. But unfortunately, quantity does not equal quality. I do not have time to go into the litany of mistakes on some of the EHCPs, but they included incorrect names of schools, schools that do not exist, schools that are not approved, schools that do not have funding, incorrect needs and spelling mistakes—really basic errors.

Often, when families complain about the errors, they are told by Kent county council to go to a tribunal. This is deeply cynical. Kent county council has been using tribunals not as a last resort, but as a tactic to delay, to deter and to exhaust families. In other words, the council is using tribunals to try to get families to give up seeking appropriate support for their children. And it works. Tribunals are utterly gruelling. Families and children spend months preparing for them. The emotional toll is enormous throughout the time they are preparing, and it costs, as they have to get legal advice to go to a tribunal. All the while, they do not know whether, at the end of this year-long process, the child will get the special provision that their EHCP says they require.

I have spoken to Matt, one of my constituents, whose daughter Ella has cerebral palsy and has just finished year 4. Her original EHCP was issued when she was at nursery and was recently reissued. This is an example of the problems with EHCPs in Kent: the only change the council made was to replace the word “nursery” with “school”. When the family complained, they were told to go to a tribunal. They declined, for all the reasons I outlined relating to the financial and emotional cost.

It later emerged that Ella’s teachers believed that a mainstream school would not meet her needs. Their application for a specialist placement was lodged but rejected by Kent council, which did not consult anyone, including Ella’s teachers or parents. It was purely a paperwork exercise. The family were again told that the only option was to go to a tribunal. At that stage, because it is so important for Ella to get specialist secondary provision for her cerebral palsy, they opted to go to tribunal. They have been given a date in May 2026.

Currently, Ella has an insufficient plan because her parents declined to fight the first tribunal. They will have to wait for more than a year to fight the second tribunal, all the while wondering whether they will get the specialist provision that all the experts agree is what Ella needs.

[Jim Dickson (Dartford) (Lab)]

I congratulate the hon. Member on securing this incredibly important debate; the number of people who wish to speak is a testament to that. As one Kent MP to another, I agree that the problems he is outlining—the inability to access the system because EHCPs and other assessments take so long, and the poor-quality provision when they have been completed—indicate a broken system in Kent. Does the hon. Member agree that we need to see EHCPs done properly, with a substantial increase in pace? We also need an increase in resources, so that the quality of provision following assessment is up to the standard that parents and pupils expect. Getting those two elements of the system right will go a long way towards fixing what is currently broken.

[Mike Martin]

I thank my fellow Kent MP for his intervention; I will address many of those points as I make progress. He is right that there is a reason for the statutory deadline for EHCPs, and it would be nice if local authorities could meet it.

To return to tribunals, between 2021 and 2024 Kent council spent more than £2 million on SEND tribunals, of which 98% were successful for the parents. If parents have the money and the emotional bandwidth, and can go to tribunal and fight, they will be successful. But we do not know the percentage of parents who decide that they are not able to put themselves through that process. That is one of the legacies, I am afraid to say, of Conservative mismanagement in Kent.

Since Reform took over two months ago, it has gone from bad to worse. A cabinet member resigned within 45 days, which is a day longer than Liz Truss managed, so one assumes his lettuce is still going strong. Another councillor has been suspended and is under investigation by the police. The matter is now before the courts, so I cannot say much more about that, but Members can have a google. The June meeting on children, young people and education was postponed indefinitely. That meeting was relevant to this debate, but it is only one among a plethora of committee meetings, cabinet meetings and sub-committees that the Reform administration in Kent has cancelled because it is unable to deliver government. Reform cannot even organise its own house, let alone grapple with a crisis of this magnitude and scale.

I am glad the Government are reviewing the system, because it needs to be reformed, but real change must be driven by the principles that the Lib Dems have articulated time and again. We must listen to the voices of children and families. They do not have all the answers, but they do have insight into how the system works, and we would do well to listen to them. Where appropriate, specialist capacity must be provided for the minority of children who have EHCPs and need specialist support.

For the vast majority of children who have special educational needs, we must drive inclusion in mainstream schooling, because that is appropriate. Mainstream schools prepare people for the mainstream world in a way that is more appropriate, provided that there is the extra provision, with teaching assistants and speech and language therapists, that can help the child to thrive in a mainstream setting. We are ready to work with the Government to improve the system.

Some of the media reports around the scrapping of EHCPs are concerning. It seems like a bit of a red herring. The Lib Dems introduced EHCPs in coalition—we are very proud of that—and before that we had statements. If we get rid of EHCPs, we will still need a statement of needs for passporting to services. If we scrap EHCPs, what will we replace them with? I am sure the Minister will speak to this in her response to the debate, but we must have an outcomes-based review of the system rather than a Treasury-driven, cost-cutting exercise. I hope the Government will learn from some of their recent travails in that regard.

[Monica Harding (Esher and Walton) (LD)]

Does my hon. Friend agree that we do not fix a financial problem by giving away a right? For many parents and families battling the system, an EHCP is the only protection that a child gets to a right to education.

[Mike Martin]

My grandmother said that the mark of a civilised society is how it treats its most vulnerable—she was wise. She was very active in politics, but for a different party. [Interruption.] She made a journey that many people have made in recent years. Unfortunately, she is dead now. She would be 110 now if she were alive.

To return to the theme, it is morally right that we get this right, because these children and families are the most vulnerable among our constituents. It is also economically right, because if the children have the right provision, the parents can continue to work. Without the right provision, one parent will probably not go to work, so that has an immediate economic detriment. Allowing a child to thrive, to be included and to work in society as they get older affects the medium and long-term economic health of our society and our country, so it is both morally right and economically sensible. On that point, I will conclude: every child has the right, irrespective of postcode, background or need, to thrive.

[Several hon. Members rose—]

--- Later in debate ---

[Mike Martin]

I thank the Minister for her remarks, as well as the shadow Minister, the hon. Member for Reigate (Rebecca Paul), and the Lib Dem spokes- person, my hon. Friend the Member for Surrey Heath (Dr Pinkerton).

I thank the hon. Members for East Thanet (Ms Billington), for Strangford (Jim Shannon), for Aylesbury (Laura Kyrke-Smith), for Farnham and Bordon (Gregory Stafford), for Brighton Kemptown and Peacehaven (Chris Ward), for Chatham and Aylesford (Tristan Osborne), for Bracknell (Peter Swallow), for Worthing West (Dr Cooper) and for Rochester and Strood (Lauren Edwards) for their comments. I also thank my hon. Friends the Members for Horsham (John Milne), for Mid Sussex (Alison Bennett), for Torbay (Steve Darling), for Lewes (James MacCleary) and for Winchester (Dr Chambers).

There is a lot of commonality here; this is not a particularly party political issue. I say to the Minister that we all wish her well in these reforms. We want them to work, and we hope that this debate has been constructive in giving her a greater understanding of the issues that our constituents face.

Question put and agreed to.

Resolved,

That this House has considered SEND provision in the South East.

Resettlement of Ukrainians: Coatbridge

Mike Martin Excerpts

Wednesday 26th March 2025 Commons Chamber

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

I am grateful to my hon. Friend the Member for Coatbridge and Bellshill (Frank McNally) for securing this important Adjournment debate on the issue of displaced Ukrainians here in the UK, and the resettlement of Ukrainians in his constituency. I am also grateful to my hon. Friend the Member for Glasgow West (Patricia Ferguson) for her impassioned speech highlighting the culture of Ukrainians, the work done and effort made to integrate the community, and the contribution that Ukrainians make in the UK.

My hon. Friend the Member for Coatbridge and Bellshill is a dedicated supporter of those Ukrainians who have found sanctuary in his constituency. I thank all hon. Members here who have made significant contributions, showing that this is the story of not just one constituency, but many of our constituencies across the country. I recognise the work of North Lanarkshire council, which responded to the call from the UK and Scottish Governments to extend the hand of support to those Ukrainians who were fleeing and coming here in their time of need. I also recognise the work that my hon. Friend has done as a councillor over a number of years, leading on many programmes and being a leading voice on this issue.

[Mike Martin (Tunbridge Wells) (LD)]

As the Minister knows, last month the Ukrainian permission extension scheme came into force, offering a further 18 months in the UK to our Ukrainian friends. Will she shed some light on the situation facing those Ukrainian guests who seek to enter further education, perhaps for three years, but who are unable to do so because they only have an 18 month extension to their visa?

[Seema Malhotra]

I will cover that when I come to my points on the UPE scheme.

I pay particular regard to the efforts and determination that teams in North Lanarkshire have shown and to their support for Ukrainian families seeking sanctuary. We heard about the rapid refurbishment of properties and how Ukrainian families have been able to find good accommodation and be supported to establish themselves and integrate into the community. We have seen in all our constituencies—indeed, I saw it myself when I came to Scotland last month—the support given to children to settle in schools and nurseries and how they have been welcomed in our communities.

I also recognise the support given to help Ukrainian families to seek employment, be more self-sufficient and extend their contribution to our society. There are a number of initiatives in the areas of culture, art, dance and so on, all of which are important in staying connected with Ukraine, but are also important—particularly for children and families—for connecting with the wider community and ensuring that a sense of diversity is truly appreciated. I thank all my hon. Friends and all hon. Members for their support for Ukrainians in their constituencies and for their stability and certainty in the UK.

A number of issues have been raised. I will broadly say that we engage regularly with the Ukrainian community and its representatives. As well as meeting members of the Ukrainian community in Scotland last month, when it was very valuable to hear of their experiences in different parts of the country directly, I attended the service at the Ukrainian Catholic church in London to commemorate the third anniversary of the full-scale, horrific and unprovoked invasion of Ukraine. I assure the House that the Government stand in solidarity, as I know we all do, with Ukraine and the Ukrainian people against Vladimir Putin’s unprovoked and barbaric war. Along with our allies, we remain unwavering and united in our support for Ukraine’s defence of its freedoms and pursuit of peace and justice. My hon. Friend the Member for Coatbridge and Bellshill also raised the horror of children being abducted.

To demonstrate our continued commitment to and support for Ukraine, earlier this year the Government, led by the Prime Minister, signed the UK-Ukraine 100-year partnership agreement, laying the foundations for closer collaboration and co-operation between our two countries. The partnership seeks to ensure an enduring alliance for life beyond this conflict, covering economic and trade co-operation, investment in energy and infrastructure, and cultural ties, including the twinning of British and Ukrainian schools. That builds on the really important work that is going on and the relationship being built between British and Ukrainian children both here and in Ukraine, which will be important for that relationship in future years.

Thanks to the immense generosity of the British people, we have offered or extended temporary sanctuary to more than 300,000 Ukrainians and their families here in the UK through the bespoke Ukraine visa schemes.

The schemes have provided much-needed sanctuary to our Ukrainian friends for the past few years. We continue to do that, and the Homes for Ukraine sponsorship scheme remains open. The Ukraine schemes provide an initial period of three years’ permission to stay in the UK, recognising the inherent uncertainty of the conflict. Understandably, as time has passed, there has been a need to provide further certainty to those who have come to the UK. That is why in February the Government launched the new Ukraine permission extension scheme, which provides a further 18 months’ permission to stay in the UK and a continuation of rights to work, to study and to access benefits. Section 3C leave is applied from when an application is successfully submitted.

We want to make sure that students can complete their studies. I know that there have been questions about how that is implemented, and I can certainly share some information about whether we can make that a bit easier, beyond the support already in place. We are working with universities and others on this, including whether support is sufficient or whether we need to do anything differently. The launch of the scheme demonstrates our continued support of Ukrainians here in the UK, and the offer of further permission to stay, along with the continuation of the same rights and benefits, provides vital certainty and security.

Members have raised points about settlement. As I have said, it is a tribute to the British people and the leadership of Governments and Members across the House that we have been able to see so many Ukrainians here in the UK, able to support themselves and their families through incredibly difficult circumstances and living their lives independently. I have heard the matters raised by Members, and the Ukrainian schemes have always sought to provide temporary sanctuary to those displaced by the war in Ukraine. The schemes are not and have never been routes to settlement, but at its heart that reflects the wishes of the Ukrainian Government for the future return of their citizens. The importance of that cannot be overstated. There are millions more displaced Ukrainians in Europe and beyond, particularly women and children, and as events in Ukraine develop, our support remains steadfast.

My hon. Friend the Member for Coatbridge and Bellshill can be assured that we continue to keep the Ukraine schemes under review to ensure that they continue to meet the needs of Ukrainians. In closing, I thank him again for securing this Adjournment debate and allowing important contributions from Members to be heard.

Question put and agreed to.

Children’s Wellbeing and Schools Bill

Mike Martin Excerpts

Monday 17th March 2025 Commons Chamber

[Damian Hinds]

I apologise, Madam Deputy Speaker; indeed we are. In fairness to the hon. Lady, there is a connection, but it is important to say that we did not say no to a ban in 2024. We said that we would start with non-statutory guidance, with the option to make that guidance statutory.

Yes, children’s usage of mobile phones has continued. People say, “Phones are banned in all schools anyway.” That is true, and I doubt there is a school in the whole country that says, “Yeah, it’s okay, just whip out your phone in the middle of an English lesson.” Everybody has various restrictions. However, if we look at the survey data, we see that there is a bit of a hierarchy; we can listen to Ministers, headteachers, classroom teachers or kids. The further down that list we go, the more we hear people saying, “Phones are about, particularly in breaks and at lunch time.” That, to me, is part of the school day; this is not just about lesson time.

[Mike Martin (Tunbridge Wells) (LD)]

On Friday, I visited Kent college in my constituency, which has recently instituted a ban. Phones are collected in the morning and put into pouches, and at the end of the school day, the children can get them back. The school has found benefits for the collection of lost property, which is attached to the cages that have the phones in them. Is the right hon. Member aware of any cases where a school has instituted a ban, and it has been seen to have negative, rather than positive, outcomes?

[Damian Hinds]

The hon. Member makes a powerful point very effectively. There will always be arguments about needing exceptions for this case and that, but we can have exceptions, and school headteachers are pretty good at knowing when they need to make an exception to a rule.

It would be helpful to have a national policy in this area. That would not preclude exceptions for children with a special educational need or young carers. Crucially, it would also not preclude children from having a phone as they go to and from school, where the school and the parents want that. Parents often think about that, for safety reasons. There are various ways of dealing with this, such as the pouches that the hon. Member mentioned, or lockers.

I have noticed a shift. A couple of years ago, some people argued against a ban on principle. Now, the only real argument that I hear—I do not say that this is a trivial point—is about the big cost of buying pouches or lockers. If that is what we are arguing about, that is material progress. It is time for us to stop talking about whether, and to start talking about how.

Education, Health and Care Plans

Mike Martin Excerpts

Wednesday 22nd January 2025 Westminster Hall

[Mike Martin (Tunbridge Wells) (LD)]

Since I was elected as the Member for Tunbridge Wells, my inbox has been inundated with cases of children who are not having their needs met because Kent county council is failing in almost every regard. In 2020, 33% of EHCPs made the deadline; in 2023, only 13% did. I wanted to go through some examples, but we do not have time.

In September 2022, Kent county council was put into special measures because of significant weaknesses in its SEND services. Those measures were lifted in September 2024, but the Minister for School Standards told me that KCC needs to make further progress and that the Department for Education must still keep a close watch on the council. The next formal review of KCC and its SEND services will happen at the end of this month. I remind the Minister that KCC breaches time limits in 87% of cases, misses out key pieces of information, arranges SEND transport too late and refuses to communicate effectively with parents. In November, I called for KCC to be put back in special measures and I reiterate that call today, not only for the children of Tunbridge Wells, but for all our children across the land.

Oral Answers to Questions

Mike Martin Excerpts

Monday 4th November 2024 Commons Chamber

[Janet Daby]

The hon. Member outlined many failings by the previous Government. I will ask my noble Friend the Minister for Skills to meet him.

[Mike Martin (Tunbridge Wells) (LD)]

6. What steps her Department is taking to improve support for children with special educational needs and disabilities.

[Richard Foord (Honiton and Sidmouth) (LD)]

15. What steps her Department is taking to improve support for children with special educational needs and disabilities.

--- Later in debate ---

[The Minister for School Standards (Catherine McKinnell)]

Every child deserves the opportunity to achieve and to thrive but, currently, far from every child has that chance. We have announced that high needs funding will increase by almost £1 billion in 2025-26 compared with 2024-25. We will work with the sector to strengthen accountability, improve inclusivity through Ofsted, support professionals to increase SEND expertise and encourage schools to set up resourced provision or special educational needs units in mainstream schools.

[Mike Martin]

My constituent Suzie waited for an education, health and care plan for her son Harrison for 42 weeks. By law, they have to be provided within 20 weeks, so Conservative-run Kent county council took more than twice the amount of time that it should have done. When it came, it was full of mistakes, and Harrison is now in the wrong school, his class size is too big and he does not have the specialist support he requires. Previously, Kent county council was put in special measures to sort out the problem with EHCP provision. Would the Secretary of State support KCC going back into special measures so that students like Harrison get the support that they deserve?

[Catherine McKinnell]

I am sorry to hear about the challenges faced by the hon. Gentleman’s constituent. Local authorities have been impacted by the increased demand for education, health and care plans and by workforce capacity issues, so more efficient and effective service delivery and communication with schools and families is central to turning that around. We will work as quickly as possible to ensure a more effective response and early identification for children, and I will take away the particular example he raises.