Special Educational Needs and Disability Funding

Munira Wilson Excerpts

Wednesday 29th January 2020 Westminster Hall

[Munira Wilson (Twickenham) (LD)]

I beg to move,

That this House has considered special educational needs and disability funding.

It is a pleasure to serve under your chairmanship, Mr Pritchard. I am delighted to be leading my first debate in Westminster Hall as a new Member on this extremely important topic, which impacts some 1.3 million children up and down the country. They are often the most vulnerable and needy children in our education system.

My predecessor, Sir Vince Cable, led a debate in this Chamber on this very topic less than a year ago. The fact that I am leading a similar debate today underlines just how urgent and important an issue it continues to be, not least in Twickenham, despite funding announcements from the Government since the previous debate. Since the Children and Families Act became law in 2014, the number of children and young people with statements or education, health and care plans has increased across the country by almost 50%. The increase in my own borough of Richmond upon Thames is in fact more than 50%—the number of EHCPs there has risen from 941 in 2014 to almost 1,500 now.

That legislation was designed to put young people at the heart of the system but, as the Select Committee on Education recognised last October in a report, that ambition has yet to be realised and has been hampered by both poor administration and a challenging funding environment. We are here today to debate the latter challenge, but on the Committee’s other key point, regarding poor administration, I must acknowledge the local government and social care ombudsman’s report, published earlier this month, which strongly criticised Richmond Council’s children’s services provider, Achieving for Children, for not effectively supporting children with special educational needs and disabilities. I was horrified to read about the three cases highlighted in the report of young people missing out on support and education between 2016 and 2018 because of failures by the provider, for which of course Richmond Council is ultimately responsible.

I am pleased that the council has accepted the ombudsman’s recommendations in full—both to compensate the families impacted and to conduct a thorough audit in respect of all the children for whom Achieving for Children is responsible for providing SEND support. I will personally be keeping a close eye on the results of that audit, meeting with local SEND groups as well as senior councillors and council officers, to ensure that any issues arising are urgently addressed and that Achieving for Children is held properly accountable.

[Sir Edward Davey (Kingston and Surbiton) (LD)]

I congratulate my hon. Friend on securing the debate, and I declare an interest as the father of a child with special needs and an EHCP being administered by Achieving for Children. Does my hon. Friend agree that not only does that company have to improve, but the accumulated debt on Kingston Council’s balance sheet, on Richmond’s balance sheet, and indeed on those of local authorities across the country, creates a huge crisis in funding not just for SEND but for schools and local authority services across the board? It is time that the Government got a grip of this, either by shifting that accumulated debt on to central Government balance sheets or by special funding relief, because this crisis could blow up in councils across the country if they do not act.

[Munira Wilson]

Absolutely. My right hon. Friend makes an excellent point. I was going to touch on deficits later, because Richmond’s finances are in a parlous situation for that very reason.

To return to the main topic of SEND funding, many children are missing out on the support that they require and deserve, because of the enormous funding pressures on local councils and schools throughout the country. The SEND funding landscape is complicated by the fact that there are two separate funding pots. There is the high needs block for EHCPs, special schools and alternative provision; and children with moderate SEND, requiring in-school support, are funded out of core school budgets. Simultaneous demands on both have created the perfect storm. School cuts since 2015 mean that support staff have been the first to be cut. That in turn has led to increased demand on EHCPs, causing delays.

As a parent of two young children, I know that if either of them needed additional support, I and my husband would explore every single avenue open to us to apply maximum pressure on decision makers to ensure that those needs were met fully. However, many parents do not have the time, resources or confidence to navigate the complex system of appeals, ombudsmen and tribunals—even with the support of SEND advocacy groups such as the excellent Skylarks charity in my constituency. The result is that the most disadvantaged families often lose out.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

I commend the hon. Lady for bringing such an important issue to the House today. I refer the House to my entry in the Register of Members’ Financial Interests. Does she agree that part of the funding issue is that there is now a lack of educational psychologists who are able to assess children at an early stage, particularly in relation to disability, learning disability and autism, and that means that a much greater burden is placed on teachers? That cannot go on, because we are failing the children we really need to be supporting.

[Munira Wilson]

Absolutely. The hon. Lady makes an excellent point, which feeds into all the wider workforce debates that we are having in relation to both health and social care and the education sector.

With both schools and councils under serious financial strain, perverse incentives in our SEND funding system start to emerge. Councils expect schools to cough up £6,000 before they will consider a pupil for an EHCP, so headteachers are often more reluctant to send children for a diagnosis. When councils, schools and health services are all cash-strapped, is it any wonder that EHCPs might be bland and vague, failing to guarantee the support to which a child is entitled? That in turn may lead to further delay or indecision. And what is the result? Many children are missing out, and local authorities find themselves in dire financial straits.

One report estimates a national high needs spending deficit of between £1.2 billion and £1.6 billion by 2021. Many authorities are relying on reserves to make up the shortfall. In Richmond this year alone the SEND funding gap is £4.9 million in year. The cumulative figure will be a staggering £15.85 million by the end of this financial year. That is despite tight financial management across the wider schools’ budget to keep the high needs deficit down. Such a significant and growing deficit is unsustainable and could result in other, non-statutory council services being cut. That is merely robbing Peter to pay Paul, and we are all too aware that local authorities have absolutely no fat left to cut.

The recent Government announcement about putting £780 million into SEND funding was of course very welcome, but that does not even begin to scratch the surface. Not only was it a single-year announcement but money was not targeted at those authorities where the SEND need was greatest, because of the way the funding formula operates. That meant that some local authorities with no SEND deficits received significant additional funding, whereas others, such as Richmond, received the minimum, barely 50% of the current year shortfall, so we have half a sticking-plaster solution.

The Department has previously advised Richmond Council to ring-fence the dedicated schools grant deficit, but auditors, the Treasury and the Ministry of Housing, Communities and Local Government refuse to accept that approach. I hope that the Minister can provide further cross-departmental guidance on that point. Indeed, I would like to request that the Secretary of State for Education meets me, my hon. Friend the Member for Richmond Park (Sarah Olney), and senior Richmond councillors and officers to find a solution to the incredibly challenging situation in which the borough finds itself.

I have spoken extensively about the impact on council finances, but we must not forget that at the centre of every tough and contested decision is a child in need of support in order to learn, develop and flourish to their full potential, and a family experiencing stress, anxiety and often financial hardship to ensure that their child has the appropriate support in place. Richmond SEND Crisis tells me that some families spend £30,000 on tribunals, sometimes remortgaging their homes to do so, and we know that many people cannot afford to do that.

Last year, four in 10 EHCPs were not finalised before the statutory 20-week deadline, according to freedom of information requests via the BBC. Many parents are resorting to home schooling because they have given up waiting for a placement in an education setting.

What are the solutions? As well as a significant cash injection, we need to remove the perverse incentives. For example, at the election the Liberal Democrats proposed reducing the £6,000 that schools are expected to pay for each child with SEND. We should not punish schools for doing the right thing. Councils need to get the basics rights on EHCPs, and they need adequate staff and resources to do so.

Finally, a national SEND strategy from the Government would encourage councils to share specialist SEND services where relevant, such as provision for deaf children. A national strategy should also set out steps to ensure that central Government, local government, schools and, critically, health and social services—which have not always stepped up to the plate on EHCPs—work together more effectively.

[Paul Blomfield (Sheffield Central) (Lab)]

I congratulate the hon. Lady on securing her first Westminster Hall debate on this very important topic, and on her speech, in which she is making powerful points. We have all experienced the difficulties of dealing with parents and their children who have been tragically let down. On the strategy, does she recognise the need for better resourcing, and for greater understanding of all the conditions that people present with? For example, pathological demand avoidance, on the autistic spectrum, is recognised in some areas as a specific condition requiring resource and targeted support, but not in others. It would be helpful if the national strategy ensures that we are consistent across the country in identifying the range of needs and responding to them appropriately.

[Munira Wilson]

Absolutely. A national strategy would address this point about variability and joining up all the services required.

To conclude, every child deserves the best possible start in life. The life chances of children with SEND depend upon appropriate and adequate support, and intervention at the right time. We must realise the ambition of the Children and Families Act 2014 to put young people at the heart of SEND provision. We cannot keep cutting corners and expecting hard-pressed local authorities to pick up the pieces. It is time for the Government to step up, and to provide the necessary funding and a joined-up strategy.

--- Later in debate ---

[Munira Wilson]

Thank you, Ms McDonagh; it is a pleasure to serve under your chairmanship, now that Mr Pritchard has left.

I thank all hon. Members who have contributed so well today. We have heard a lot of common themes from all sides, including delays in children getting the EHCPs they need; the horrendous deficit that councils are carrying, and the financial strain they are under; the strain that families are put under; and the schools that are penalised for doing the right thing. Some powerful contributions were made about exclusions and off-rolling; I was not able to cover those very valid points at the start of the debate, but they should be taken into account. The consultation that my hon. Friend the Member for Oxford West and Abingdon (Layla Moran) referred to, which still has not been addressed, needs to be included in the Government review of SEND that the Minister discussed.

I thank the Minister, first of all for agreeing to meet my council colleagues and me, and secondly for the fact that the Government are looking at what can be done to ring-fence the deficits, so that other council services are not put at risk. I reiterate, however, that the funding that was announced was a one-year one-off, and therefore is not going to help bring down those enormous deficits—which, again, will be a cumulative £15.85 million by the end of this financial year. For a council such as Richmond, that is unsustainable, so I ask again for that provision to be examined. We have had so many reviews, including by the NAO, the Select Committee, the LGA and the London Assembly, and now there is this cross-Government review. We absolutely need action to follow those reviews—action for children, their families and local authorities—if we are going to meet these needs properly and appropriately.

Question put and agreed to.

Resolved,

That this House has considered special educational needs and disability funding.