Children's Wellbeing and Schools Bill (Twelfth sitting) Debate

Full Debate: Read Full Debate
Department: Department for Education
Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

As I said earlier, there are all manner of datasets. I do not have my full Excel complement with me today, but I can trade with the hon. Lady and counter what she said with other statistics. In particular, anybody who suggests that the intake of a Catholic school is higher up the socioeconomic scale than the average does not know a whole lot about the demographics of the Catholic population in this country. We have a remarkable amount of ethnic diversity because of immigration patterns.

By the way, there is no such thing as 100% faith selection; that happens only if a school is oversubscribed. If a state-funded school has spare places, at the end of the day, it is obliged to let anybody come along. However, if a school is oversubscribed and we lose the faith admissions criterion, the nature of the school will change. That goes to the heart of the hon. Lady’s question. There is something intrinsic to having a faith designation and a faith ethos in a school. Some people—I accept that the hon. Lady is not one of them—believe that such things contribute to what happens to those children, their education and their wellbeing, and they are reflected even in that small average premium in terms of results.

Back in the days of the free schools and before them, as the hon. Lady mentioned, a 50% cap was put in place, known commonly as the 50% faith cap. That reflected the fact that with free schools there was a different situation, because now any group could come along and say, “We want to open a school.” It seemed a sensible safeguard to have a cap. However, all the way through it has remained legally possible—not a lot of people know this—to open a voluntary aided school. That proposition was tested in law in 2012, after the coalition Government came into office, with the St Richard Reynolds Catholic college in the constituency of the hon. Member for Twickenham. Once a VA school is opened, it can convert to an academy.

Munira Wilson Portrait Munira Wilson (Twickenham) (LD)
- Hansard - -

I am listening carefully to the right hon. Gentleman’s excellent speech. Amendment 48 does not seek to prevent faith schools from opening. It would simply apply the cap to any type of school—academy, maintained, voluntary aided or whatever.

For me, the main driver for that safeguard is social cohesion and ethnic diversity. We have talked a lot about Church schools, but there are other faiths that seek to set up schools in certain areas of the country where, without the cap in place, they would not get much racial diversity. That is worrying for community cohesion. I say that as somebody who has a strong personal faith. I send both my children to a Church of England school—mainly because it is in front of my house, so they can leave the house 30 seconds before the gate shuts—but I feel uncomfortable with its level of faith selection. As we heard in oral evidence from Nigel Genders, it is important that state-funded schools be for the whole community and be open to everyone.

Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

That is a view. It is a perfectly legitimate view that some people hold, but it is not a view that I hold, nor is it a view that we have held historically in this country. Going back to 1944, to 1870 and even further, we have said that we believe in diversity of provision. That includes the Church of England and the Catholic Church, but it also includes other faiths. Some of the top-performing schools in the country are Jewish schools or Muslim schools.

Munira Wilson Portrait Munira Wilson
- Hansard - -

I think the right hon. Gentleman thinks I am arguing that we should abolish faith schools. I have not made that argument. He is saying that this is not how we have done things in this country, but since the coalition and before, we have had a 50% faith cap. All the amendment seeks is clarity in legislation that that 50% faith cap will remain in place for any new school that opens. I realise that it was the Liberal Democrats who forced the Conservatives to put the cap in place for free schools, which is probably why the right hon. Gentleman will oppose me. For me, it is about social cohesion and about honouring the fact that we should serve all our communities. I am not opposing the establishment of new faith schools; I am just saying that they should have a cap of 50% on faith-based admissions.

Damian Hinds Portrait Damian Hinds
- Hansard - - - Excerpts

I assure the hon. Lady that on this occasion I am not holding her Liberal Democrat party membership card against her. That is not the basis on which I am making these points.

The hon. Lady said that whatever type of school opens, it should have a 50% cap. By definition, there is no such thing as a VA school with a 50% cap, because being a voluntary aided school means having control over admissions in that way. It is not true that we have necessarily had the 50% cap all the way through; I point to the VA school that opened in her very constituency, and there have been others since then. The reason why only a small handful of VA schools have opened over the past couple of decades is that there was no money for it. To get money to open a school, it had to be a free school.

In 2018-19, the then Secretary of State, fine fellow that he was, created a small capital fund for the voluntary aided schools capital scheme. The reason related to patterns of immigration, particularly Polish and eastern European immigration. In the old days, it was Irish immigration—that is where I come from—but there have been many other waves from different places. As a result of eastern European immigration, there was a demand for Catholic schools in certain parts of the country. Those people, who had come to this country and made their lives here, and of whom there were now generations, were not able to access such schools in the way they could have in other parts of the country. Under that scheme, there were applications from five different faiths; at the time, one was approved and one put on hold. I contend that it is a good system that we have the cap for that tranche of schools—they are not going to be free schools—to retain those safeguards, but it is still possible to open a denominational school, of whichever faith, in circumstances in which there is great need in a particular area.

We talked earlier about local authority areas and their difference in size. Birmingham, which is one massive local authority area, is very different from an individual London borough. For the consideration of faith school applications, it ought to be possible to look over a wider area, because travel-to-school distances are much longer on average.

I want to check with the Minister, the hon. Member for Newcastle upon Tyne North, that the Government’s proposals will not preclude the opening of new voluntary aided schools. I am afraid I must conclude by saying that, for reasons that the hon. Member for Twickenham will understand and that have nothing to do with her party affiliation, I cannot support amendment 48.

--- Later in debate ---
Neil O'Brien Portrait Neil O’Brien
- Hansard - - - Excerpts

I rise to speak only to clause 56, which is a big old Henry VIII power. I am sure that their lordships will want to explore it in detail. In the interests of time, I have not tabled an amendment to it at this stage and I will not go into lots of detail, but it is always important to note such things. It is no small thing to give the Government the power to amend primary legislation without coming back to the House. Of course, there are certain limits to what they could do by means of such measures, but it is a big deal.

I place it on the record that the Minister will be well aware of some of the concerns about the clause that are coming to us from civil society. I am sure that she will have seen the comments from Jen Persson, the director of Defend Digital Me, on the information powers in the Bill. When we make laws in this way, it relies on someone noticing and raising an objection to Parliament to get any kind of democratic debate, and we can only stop such things in hindsight.

As the Minister will know, Defend Digital Me has put forward 30 different areas and proposals that it has concerns about, particularly on the information side. On previous clauses, we debated the constant unique identifier and eventually using the NHS number for that, and other things that we have objected to, such as the requirement to give information about how much time a home-schooled child is spending with both parents.

I will not reconsider all the debates that we have already had, but all those important decisions will potentially be in the scope of this Henry VIII power. I am keen to move on to the new clauses, so I will not go any further now, but I am sure that the Government will receive lots of probing questions on this point as the Bill moves to the other place.

Munira Wilson Portrait Munira Wilson
- Hansard - -

I rise to speak in support of new clause 10, adding the Liberal Democrats’ support for putting equal protection into law for children. I do not understand why we would have a different level of protection for adults versus children. They are the most vulnerable children in our society. The Children’s Commissioner and the National Society for the Prevention of Cruelty to Children have been very clear that children should be protected. This is not seeking to interfere with parents in terms of how they discipline their children; it is about protecting our most vulnerable. The Children’s Commissioner has strongly called for this, particularly in the wake of the tragic case of Sara Sharif.

I really hope, when the Minister says that the Government will actively look at this during this Parliament, that that is the case. I suspect that there are Members in all parts of the House—I note that the new clause has cross-party support—who will continue to press her on this matter, because it is a basic issue of children’s rights and equal protection in law.

Ellie Chowns Portrait Ellie Chowns (North Herefordshire) (Green)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Sir Christopher. I rise to speak to demonstrate the cross-party support that has already been referred to for new clause 10 and consequential amendment 11 in the name of the hon. Member for Lowestoft (Jess Asato), and I would like to start by congratulating and thanking her for her important work on this issue over many years.

Giving children equal protection from assault cannot happen soon enough. Although we tabled amendment 11 as a probing amendment, I cannot urge the Government strongly enough to grasp this opportunity, in this Bill on children’s wellbeing, to take this forward and put it into law.

Taking the essential step of giving children equal protection from assault has very widespread support not only among the general public, but among all sorts of organisations that advocate and work on behalf of children, including the NSPCC, the Royal College of Paediatrics and Child Health, the Parenting and Family Research Alliance and the Children’s Commissioner, to name just a few. We heard from the Children’s Commissioner herself in oral and written evidence just how strongly she feels about this matter. I share her view that it is totally unacceptable that in 2025, children have less protection from assault under English law than adults do. The existence of the “reasonable punishment” defence perpetuates ambiguity in the law. It leaves children exposed to potential harm and undermines efforts to safeguard their wellbeing. New clause 10 would remove this outdated defence and provide clarity, consistency, and equal protection for children under the law.

The Minister talked about wanting to wait until we have evidence from Wales, and of course, as she acknowledges, it is only in England and Northern Ireland that children do not have this protection. Scotland and Wales have already passed legislation on this matter—indeed, Scotland did before Wales, in 2020. The Minister mentioned waiting for evidence to come from Wales as to the impact of this. There is very clear evidence—worldwide, in fact—on the benefits of giving children the same protection from violence as adults. I believe there are 65 countries worldwide that give that protection, and there are decades of evidence on that topic. I am sure she has received that evidence and I warmly invite her to peruse it very carefully.

Many studies show that physical punishment is not only ineffective at managing children’s behaviour, which is what some parents may intend, but actively harmful. It is associated with increased behavioural problems, increased risks of mental health issues and increased risks of more serious assault. The current, grimly outdated legal framework complicates the matter of addressing improving safeguarding efforts and makes it harder for professionals to assess and effectively address risks to children. The Minister referenced the roles of professionals in safeguarding children, and there is significant testimony from those professionals about how unhelpful this ambiguity in the law is. Fundamentally, there is an inequality here. If an adult hits an adult, it is assault; if an adult hits a child, they can claim the defence of reasonable punishment.

--- Later in debate ---
Catherine McKinnell Portrait Catherine McKinnell
- Hansard - - - Excerpts

My hon. Friend makes an important point. It is worth looking at the data: in 2023-24 there were up to 410 households that included a care leaver who was found to be intentionally homeless. We appreciate that disapplying the intentional homelessness test means that local authorities will have much greater scope and ability to work with these young people and to support them into a more secure adult life. That clearly involves having a secure home, so I hope that hon. Members are willing to support this clause.

Question put and agreed to.

New clause 6 accordingly read a Second time, and added to the Bill.

New Clause 57

Pay and conditions of Academy teachers

“Schedule (Pay and conditions of Academy teachers: amendments to the Education Act 2002) amends Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) in relation to the pay and conditions of teachers at Academies (other than 16 to 19 Academies).

Part 8 of the Education Act 2002”.(Vicky Foxcroft.)

This clause replaces Clause 45 and introduces the schedule to be inserted by NS1.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse

“(1) The Secretary of State must, within 6 months of the passing of this Act, take steps to implement each of the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse.

(2) The Secretary of State must, after a period of six months has elapsed from the passing of this Act and at 12 monthly intervals thereafter, publish a report detailing the steps taken by the Government to implement each of the recommendations.

(3) A report published under subsection (2) must include—

(a) actions taken to meet, action or implement each of the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse;

(b) details of any further action required to implement each of the recommendations or planned to supplement the recommendations;

(c) consideration of any challenges to full or successful implementation of the recommendations, with proposals for addressing these challenges so as to facilitate implementation of the recommendations; and

(d) where it has not been practicable to fully implement a recommendation—

(i) explanation of why implementation has not been possible;

(ii) a statement of the Government’s intention to implement the recommendation; and

(iii) a timetable for implementation.

(4) A report published under subsection (2) must be subject to debate in both Houses of Parliament within one month of its publication.

(5) In meeting its obligations under subsections (1) and (2), the Secretary of State may consult with such individuals or organisations as they deem appropriate.”—(Munira Wilson.)

Brought up, and read the First time.

Munira Wilson Portrait Munira Wilson
- Hansard - -

I beg to move, That the clause be read a Second time.

I rise to speak to the new clause, tabled in my name and in the name of a number of my colleagues. Briefly, it goes without saying that, on all sides of the House, we are horrified by child sex abuse and what Professor Alexis Jay uncovered through her seven-year-long investigation. We are also horrified that so little progress has been made to date in implementing the 20 recommendations she set out. The new clause therefore seeks to create a legislative commitment, with clear timescales and regular reporting to Parliament, on progress in implementing that report. It is an attempt to approach the issue constructively.

I was disappointed, to put it mildly—in fact, pretty outraged—that Conservative colleagues sought to weaponise the issue on Second Reading to try to kill off the entire Bill. I hope that this is a much more constructive approach. However, I recognise that shortly after my tabling the new clause following Second Reading, the Government made further announcements, including that Baroness Casey will undertake a rapid review and that they will be setting out a timetable.

On that basis, I am happy to withdraw the new clause, but my party and I will continue to hold the Government’s feet to the fire. These girls have been abused, and I am in no doubt that the abuse is ongoing. That needs to be tackled, and justice needs to be served, so I hope that the Government will implement the recommendations and set out a clear timescale.

Ellie Chowns Portrait Ellie Chowns
- Hansard - - - Excerpts

I rise to speak in support of the new clause, while recognising what the hon. Lady who tabled it has just said. In doing so, I am particularly mindful of a constituent of mine who came to see me in January to tell me that she had given evidence to the independent inquiry into child sexual abuse. Frustrated does not even cover how she felt—she was incredibly upset at the lack of progress on implementation under the previous Government, and she was frustrated to find that progress now is still not fast enough.

We have a huge responsibility to all who suffer child sexual abuse, and in particular to those who have been brave enough to come forward and give evidence, trusting that that evidence would help to make changes. I hope that the Minister can clarify timetables for implementation.

Catherine McKinnell Portrait Catherine McKinnell
- Hansard - - - Excerpts

As the Prime Minister has made clear, we are absolutely focused on delivering justice and change for the victims on this horrific crime. On 6 January, the Home Secretary outlined in Parliament commitments to introduce a mandatory duty for those engaging with children to report sexual abuse and exploitation, to toughen up sentencing by making grooming an aggravating factor and to introduce a new performance framework for policing.

On 16 January, the Home Secretary made a further statement to the House that, before Easter, the Government will lay out a clear timetable for taking forward the 20 recommendations from the final IICSA report. Four of those were for the Home Office, including on disclosure and barring, and work on those is already under way. As the Home Secretary stated, a cross-Government ministerial group is considering and working through the remaining recommendations. That group will be supported by a new victims and survivors panel.

The Government will also implement all the remaining recommendations in IICSA’s separate, stand-alone report on grooming gangs, from February 2022. As part of that, we will update Department for Education guidance. Other measures that the Government are taking forward include the appointment of Baroness Louise Casey to lead a rapid audit of existing evidence on grooming gangs, which will support a better understanding of the current scale and nature of gang-based exploitation across the country, and to make recommendations on the further work that is needed.

The Government will extend the remit of the independent child sexual abuse review panel, so that it covers not just historical cases before 2013, but all cases since, so that any victim of abuse will have the right to seek an independent review without having to go back to the local institutions that decided not to proceed with their case. We will also provide stronger national backing for local inquiries, by supplying £5 million of funding to help local authorities set up their own reviews. Working in partnership with Tom Crowther KC, the Home Office will develop a new effective framework for victim-centred, locally led inquiries.

This landmark Bill will put in place a package of support to drive high and rising standards throughout our education and care systems, so that every child can achieve and thrive. It will protect children at risk of abuse and stop vulnerable children falling through the cracks in service. I acknowledge that the hon. Member for Twickenham is content to withdraw her new clause, and thank her for that. Allowing this Bill’s passage will indeed go a long way to supporting the young people growing up in our system and to protect them from falling through the cracks that may leave them vulnerable to this form of abuse. Indeed, across Government, we will continue to work to take forward the recommendations and to reform our system so that victims get the justice they deserve.

Munira Wilson Portrait Munira Wilson
- Hansard - -

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 2

Provision of free school lunches to all primary school children

“(1) Section 512ZB of the Education Act 1996 (provision of free school lunches and milk) is amended as follows.

(2) In paragraph (4A)(b), after ‘year 2,’ insert ‘year 3, year 4, year 5, year 6’.

(3) In subsection (4C), after ‘age of 7;’ insert—

‘“Year 3” means a year group in which the majority of children will, in the school year, attain the age of 8;

“Year 4” means a year group in which the majority of children will, in the school year, attain the age of 9;

“Year 5” means a year group in which the majority of children will, in the school year, attain the age of 10;

“Year 6” means a year group in which the majority of children will, in the school year, attain the age of 11;’” —(Ellie Chowns.)

This new clause would extend free school lunches to all primary school age children in state funded schools.

Brought up, and read the First time.

Ellie Chowns Portrait Ellie Chowns
- Hansard - - - Excerpts

I beg to move, That the clause be read a Second time.

New clause 2 would extend the provision of free school lunches to all primary school children, from year 2 up to year 6. It was tabled in the in the name of the hon. Member for Stroud (Dr Opher)—I thank him for his work on this—and has been supported by 43 hon. Members across the House. In addition to this high level of support from MPs, the No Child Left Behind campaign, which underpins new clause 2, is backed by more than 250 civil society leaders, from unions to charities, from medical bodies to faith leaders, and from mayors to councils. This widespread backing is unsurprising, because the case for universal free school meals is, in fact, overwhelming.

Let us start with the need, which is acute. I am sure colleagues remember how during the pandemic Marcus Rashford ignited the campaign for free school meals, pointing out that we could fill 27 Wembley stadiums with the 2.5 million children who were struggling to know where their next meal was coming from—a shocking indictment.

That shameful legacy of child poverty from the last Government continues, with hunger in schools still endemic. University of Bristol research shows that one in five schools runs a food bank. That figure, I am told, is higher than the total number of community food banks being operated outside schools by organisations such as the Trussell Trust and the Independent Food Aid Network.

The National Education Union explained that its members see the struggles of children in poverty every day. Some 80% of teachers asked said that they had provided food for hungry children out of their own pockets—is that not extraordinary? One of those teachers said:

“So many of our children arrive tired and hungry. I find the issue with food so awful. I stock my school kitchen every week with fruit, cereal, milk, biscuits...the number of children who pop in to see me and then ask for food has grown over the last two years. It is heart-breaking.”

It truly is.

New clause 2 is therefore a probing amendment to make the case for a universal approach as the best policy response for three key reasons. First, it is immediately good for children. Secondly, it is an effective long-term investment. Thirdly, it is basically just efficient. I will briefly explore those arguments.

Universal provision is good for children; it immediately helps children to learn, grow and thrive in school. For example, we have recently had the roll-out of free school meal provision to all children attending primary state schools in London. Initial research evaluating that roll-out, which was published a couple of months ago, found that the policy helped with children’s readiness to learn and ability to concentrate. It helps children to do what they are supposed to be doing in schools—learning.

The Department for Education evaluation of the pilot undertaken by the last Labour Government found that pupils in schools where all children received free school meals made four to eight weeks’ more progress in maths and English over two years. That is an extraordinary improvement in progress. In that pilot, the poorest children were those who made the most progress, reducing the attainment gap. In areas with means-tested provision, the effect on attainment was negligible, so we have strong evidence for the benefits of universality.

On the health benefits—this is really shocking—research by The BMJ found that less than 2% of packed lunches met the school food standards. That represents an extraordinary nutritional shortfall in what many children are eating. A policy of universal free school meals would be a major opportunity to increase healthy eating. Ensuring that every child in a school has access to the same food also helps to reduce the stigma and shame that comes from singling out pupils through means-tested provision, and gives pupils a better sense of belonging in school.

Those are the immediate benefits of universal provision, but there are also really strong long-term investment benefits from it. The evidence shows that these universal systems reduce inequality and deliver wider economic prosperity beyond the classroom. PwC—that well-known radical institution—produced an analysis showing that, for every £1 invested in universal free school meals, £1.71 is generated in core benefits, such as increased savings for the NHS and for schools, and increased lifetime earnings and tax contributions. Other expert research also shows that the provision of universal free school meals increases pupils’ lifetime earnings, with the biggest increase again for the most disadvantaged children, thereby reducing inequalities for a generation after school. It is such a powerful policy for reducing inequalities.

I have banged on in other Commons debates about the value of public procurement for investing in our wider UK food and farming sector. When food is sustainably sourced, there is a huge potential benefit; work from Food for Life demonstrates that every £1 spent creates £3 in social, economic and environmental value, mostly in the form of jobs in the local economy.

The third key argument for universal free school meal provision is simply that it is more efficient. We know that providing free school meals helps to end a situation where children fall through the gaps. Means-testing is always going to miss some children and families and, in England, the genuinely draconian eligibility criteria for free school meals means that one in three children living in poverty are still considered too well-off to access free school meals. That is extraordinary. Restricted eligibility, complicated registration processes and stigma also block countless families from accessing support. A universal provision would end this situation where far too many children fall through the gaps.

Free school meals, by the way, would also be massively more efficient in reducing administration. Schools would be able to get back administration time with all children’s meals being provided in the same way at the same time, as one mechanism, and we would get rid of problems around school lunch debts. These universal policies are also easier to defend and protect from erosion by future Governments, who might seek to freeze thresholds or restrict eligibility. In the UK, Wales and London are leading the way in the provision of free, universal, healthy meals at lunch time for every child in primary school as a means of reducing inequalities. England needs to catch up.

I sincerely hope that the Minister will consider new clause 2 ahead of Report to build on the excellent progress on breakfast clubs included in the Bill. Would it not be even more efficient and beneficial—nutritionally and economically, and for all the other reasons I have outlined—to ensure universal free school meal provision when children are already in school? It certainly would be at primary level, which is the case made by this amendment.

I and my party support a policy of extension of universal free school meals to all children, because hunger does not stop at age 11. This amendment focuses particularly on primary school-age children. We know children cannot learn effectively when they are hungry and school dinners help children to focus. They bring the community together and help children to connect with their peers and to build bright futures. Our children learn and play together—they should eat together, too.

Munira Wilson Portrait Munira Wilson
- Hansard - -

Briefly, I very much support the ambition in this new clause. After all, it was the Liberal Democrats, in Government, who introduced universal infant free school meals; we have always had the long-term ambition of extending that to all primary school children. However, I recognise the cash-constrained environment that the Government are operating in. That is why, when we get to it, I will be speaking to new clause 31, which looks at increasing the eligibility for children to receive free school meals. However, I want to put on the record that we do support the intent of this provision in the long term, for all the reasons the hon. Lady has just laid out.

Stephen Morgan Portrait The Parliamentary Under-Secretary of State for Education (Stephen Morgan)
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Sir Christopher. I turn to new clause 2, tabled by my hon. Friend the Member for Stroud (Dr Opher), on the important topic of expanding eligibility for free school meals, specifically universal provision, which the hon. Member for North Herefordshire has moved today.

Under the current programmes, all pupils in reception, year 1 and year 2 in England’s state-funded schools are entitled to universal infant free school meals. That benefits around 1.3 million children, ensuring that they receive a nutritious lunch-time meal. In addition, 2.1 million disadvantaged pupils—24.6% of all pupils in state-funded schools—are eligible to receive benefits-based free school meals. Another 90,000 16 to 18-year-old students in further education are entitled to receive free school meals on the basis of low income. Those meals provide much-needed nutrition for pupils and can boost school attendance, improve behaviour and set children up for success by ensuring that they can concentrate and learn in the classroom and get the most out of their education.

In total, we spend over £1.5 billion on delivering free school meal programmes. Eligibility for benefits-based free school meals drives the allocation of billions of additional pounds of disadvantage funding. The free school meal support that the Government provide is more important than ever, because we have inherited a trend of rising child poverty and widening attainment gaps between children eligible for free school meals and their peers.

--- Later in debate ---
Catherine McKinnell Portrait Catherine McKinnell
- Hansard - - - Excerpts

I totally agree it is vital there is publicly available data regarding local authority performance on EHCPs. That is why we publish annual data on each local authority’s timeliness in meeting their 20-week deadline. Local authorities identified as having issues with EHCP timeliness are subject to additional monitoring by the Department for Education, which works with the specific local authority. Where there are concerns about the local authority’s capacity to make the required improvements, we have secured specialist special educational needs and disabilities adviser support to help identify barriers to EHCP timeliness and put in place practical plans for recovery.

Furthermore, when Ofsted and Care Quality Commission area SEND inspections indicate there are significant concerns with local authority performance, the Department intervenes directly. That might mean issuing an improvement notice or statutory direction or appointing a commissioner, deployment of which is considered on a case-by-case basis.

We are clear that the SEND system requires reform. We are considering options to drive improvements, including on the timeliness of support and local authority performance. We do not believe increasing the amount of published data and reporting on EHCP timeliness alone would lead to meaningful improvements in performance. We are working closely with experts on reforms. We recently appointed a strategic adviser for SEND who will play a key role in convening and engaging with the sector, including leaders, practitioners, children and families, as we consider the next steps for future reform of SEND.

In response to the hon. Member for St Neots and Mid Cambridgeshire, I absolutely respect the intentions of his amendment and the desire to see much greater timeliness and support for children with SEND and their families. We are working incredibly hard—this is a priority within the Department for Education—to get much better outcomes. We do not believe that this amendment will achieve the desired outcome, although we share the intention behind the amendment.

Munira Wilson Portrait Munira Wilson
- Hansard - -

I appreciate what the Minister is saying. I agree with her that this is not a silver bullet. This will not suddenly improve the system. This is about transparency and accountability where, as my hon. Friend the Member for St Neots and Mid Cambridgeshire pointed out, there are some councils that are missing the targets by such a long chalk, and is about setting out the reasons for doing so. We know in some areas that frankly NHS partners are not working constructively with local authorities to help deliver EHCPs on time.

As the Minister looks at reforming the system—and I know from my discussions with her and the Secretary of State that the Government are working hard on this—could I urge that they seriously consider this provision. It is about transparency and accountability for parents, which I think is really important.

Catherine McKinnell Portrait Catherine McKinnell
- Hansard - - - Excerpts

I thank the hon. Lady for that intervention and the hon. Member for St Neots and Mid Cambridgeshire for the way in which he presented this clause. We share the ambition for children with special educational needs and disabilities to get much better service, from their local authority and on their education journey. We recognise there are significant challenges for those who seek to deliver that being able to do so, which is why we are looking at reform in a whole-system way. We are looking to drive mainstream inclusion within our school system and to reduce the waiting times for assessments, which we know is led by the Department of Health and Social Care. This is a cross-departmental effort involving the Ministry of Housing, Communities and Local Government, the Department of Health and Social Care, the Department for Work and Pensions, and clearly the Department for Education has a key role in achieving a much better outcome for children with special educational needs. We absolutely take away the intentions of this amendment, but would appreciate it not being pressed to a vote as part of the Bill. The conversation about special educational needs and improving the outcomes for children will, however, without doubt continue.