SEND Education Support

Munira Wilson Excerpts

Tuesday 25th February 2025 Westminster Hall

[Munira Wilson (Twickenham) (LD)]

It is a pleasure to serve under your chairmanship, Mr Twigg. I congratulate the hon. Member for Suffolk Coastal (Jenny Riddell-Carpenter) on securing this important debate.

Another week, another debate on SEND. Since the start of this Parliament, barely a week has gone by when we have not had questions or debates, either in this Chamber or the main Chamber, on special educational needs and disability provision. From what we have heard today—I particularly thank the hon. Member for Nuneaton (Jodie Gosling) for her courage in sharing her constituent’s moving story—we know that every Member’s inbox is bulging with casework from constituents about the dire crisis in SEND, which is why these debates are so oversubscribed. We are also getting report after report. In the last few months, the National Audit Office, the Institute for Fiscal Studies and the Public Accounts Committee have all come out with the same damning verdict about a broken system, with money coming in but outcomes for children going down.

These are some of our most vulnerable children and young people, and we as a society must do our best to meet their needs. We know that families face a postcode lottery, with delays that can last months or even years and vulnerable children missing out on the support that they deserve and need. With special schools full, mainstream schools struggling to provide appropriate support because their budgets are so overstretched, and spiralling high-needs deficits leaving many local authorities on the brink of bankruptcy, it is clear that urgent reform is needed.

As we heard in a Westminster Hall debate just a few weeks ago, the process to get an education, health and care plan is often far too lengthy and far too adversarial. Families are increasingly forced to take their cases to tribunal, with the number of cases doubling since 2014. Local authorities lose almost all those cases, wasting annually over £70 million of public money that could be spent on supporting children and young people rather than fighting unnecessary legal battles. Given the huge rise in demand for support, and the previous Conservative Government’s failure to keep up with that demand, local authorities are too often struggling to meet their statutory responsibilities, forcing families to navigate a broken system to secure even the most basic support. As the former Education Secretary Gillian Keegan described it, it is a “lose, lose, lose” system for all.

Ministers have repeatedly, and quite rightly, stressed the need for mainstream schools to be more inclusive in order to meet the rising need for special needs support. I recently visited Stanley school in my Twickenham constituency which, like two other nearby primary schools, has a specialist resource provision. Children with complex needs are able to spend time with dedicated teaching assistants for support, but they have the opportunity to play, socialise and participate, where appropriate, in lessons and other activities with children in the school who are not part of the SRP.

As the hon. Member for Mid Cheshire (Andrew Cooper) referenced, we are seeing falling rolls in schools and space opening up. SRPs will be a key intervention in our approach to ensuring that mainstream schools can be more inclusive. However, finding and keeping the staff to support children in SRPs or other mainstream settings—or indeed in special school settings—is an ongoing challenge. SRPs need to be properly funded but, as things stand, the headteacher at Stanley explained to me, the maths just does not add up for him. He explained that his wider school budget is having to plug the shortfall in SRP funding. If we are to tempt schools to have SRPs, we are going to have to make sure that they have the resources to provide that SRP.

Support staff costs have risen over the past two years, with unfunded pay increases and increases in employer’s national insurance contributions on the horizon. We know that local authorities, health services and schools are all struggling to recruit the number of staff that they need to meet growing demand—both to undertake assessments in the first place, when a child might be eligible for an EHCP, and then to meet that need in school.

A national survey of headteachers found that only 1% of senior school leaders believed that they had enough funding to meet the needs of pupils with SEND. A report by London Councils on SEND inclusion in schools found that stakeholders from across the sector said that they would be able to be more inclusive if they had more funding. That is why the Liberal Democrats are calling for increased funding for local authorities to reduce the financial burden on schools. We know that the £6,000 per pupil notional SEND budget, which each school is meant to allocate before applying for an EHCP, is, frankly, a fiction in today’s school finances, given the pressures on budgets up and down the country.

When I visited Stanley the other week, and when I visited a beautiful new school, Belmont school in Durham, last week, I was told by both headteachers that for many mainstream schools, the disincentive to take on children with SEND is the way that standard assessment tests and other public exam results are reported. Frankly, certain young people in those mainstream settings are not in a position to sit their SATs or GCSEs, yet their results, which will essentially be nil, are reported in the schools’ performance measures, which are available publicly. In a competitive schooling environment, where parents vote with their feet for the schools that typically have the highest grades, that sadly results in an incentive for too many schools to actively avoid taking SEND children on to their rolls. There are schools that are doing the right thing and including those children, but, as the Minister is considering how to make mainstream school more inclusive, I wonder what consideration she and other Ministers have given to this issue.

I would like to spend a moment focusing on special schools. For children for whom a mainstream setting is not right, special schools should, and in many cases do, provide the necessary educational support. However, we know that in May 2023, two thirds of special schools were at or over capacity, and the impact of that is children with complex needs being inappropriately accommodated in the mainstream, where their needs cannot be met, which sometimes has a detrimental impact on other pupils and, indeed, staff. Many parents in those situations feel forced to home school. We know that parents who feel that they have had no option but to home school are concerned about what some of the provisions of the Children’s Wellbeing and Schools Bill will mean for their being able to ensure that their child is in an appropriate environment.

The lack of specialist provision is being played out in the eye-watering SEND transport costs that local authorities are having to fund to send children out of area. Add to that the cost of private special schools, which are being funded by the taxpayer. I will return to that subject in a moment, but I want to take this moment to welcome the provision in the Children’s Wellbeing and Schools Bill that will allow local authorities to open new special schools. For too long, local authorities that have identified a need, and that want to bid for funding and open special schools, have been turned down. A number of applications from local authorities that wanted to open special schools were turned down during the previous Parliament by the previous Government, so I welcome that change in the Bill.

Returning to private special schools, many private SEND schools provide an excellent education and are run as not-for-profit charities. However, the Minister is aware—I have raised this issue previously, not least in Committee on the Children’s Wellbeing and Schools Bill—that private equity firms and other profiteering companies are increasingly entering the special school market, as they see it, at an extortionate cost. Councils are spending £1.3 billion on independent and non-maintained special schools, which is more than double what they spent just a few years earlier. The cost of an independent special school place is, on average, double the cost of a state special school place. Some private equity companies running these schools are making a profit of 20%-plus. Typically, the private equity-owned providers, not the other private sector providers, have the highest level of profitability in the sector. I feel that our most vulnerable children and our local authorities are being held to ransom by some of these companies, which are not behaving in the best interests of our children.

[Mr Mohindra]

Is the hon. Lady suggesting that we ban private equity companies from being involved in the sector?

[Munira Wilson]

No. As a Liberal—I have said this many a time—I believe in a mixed economy in many of our public services. I was about to make the point that the Children’s Wellbeing and Schools Bill contains important measures to stop profiteering in children’s social care. When I proposed an amendment in Committee to extend the profit cap to special schools, I explained that the private equity companies that are making a ridiculous amount of profit in the children’s social care sector are also running private special schools. Some are not making a huge profit, but I do not think a 20%-plus profit margin in a taxpayer-funded system is acceptable, which is why my Liberal Democrat colleagues and I proposed an amendment to the Bill to extend the profit cap to special schools. I was disappointed that Labour Members and Ministers voted against it, but I again urge them to consider the proposal. We know we are in a cash-constrained environment—we hear every day from Ministers, not least the Chancellor, about how little money there is—but savings can be found in this area, and we can invest them back into our most vulnerable children.

My final proposal for Ministers, which the Minister has heard me talk about before, is that for our most complex children, we need a national body for SEND to fund those with exceptionally high needs who face a postcode lottery of provision across the country, and pose a particular risk to local authorities where those needs arise. That body could also have oversight of standards and budgets across the country.

I know that SEND is high on the Minister’s agenda. We are still waiting to hear how the £1 billion announced in the Budget will be allocated, but I fear that, given the £2.7 billion of local authority SEND deficits, it will disappear into a black hole. We have been promised reforms later this year, but our children cannot afford to wait. Children missing out on an education will never get that time back. Every child, no matter their needs or background, should be given the opportunity to thrive and fulfil their potential, yet too many children with SEND are simply not getting that right now.