SEND Provision

Richard Burgon Excerpts

Thursday 5th September 2024 Westminster Hall

[Mr Clive Betts (in the Chair)]

Order. Please can Members leave quietly?

[Richard Burgon (Leeds East) (Ind)]

I beg to move,

That this House has considered SEND provision.

It is a great pleasure to serve under your chairship, Mr Betts. I am delighted to have secured this debate and to see such a packed Westminster Hall. I start by thanking all the parents and campaigners who have rightly put this issue high on the agenda, all the organisations that have provided briefings for MPs, and of course all the MPs here in a packed Westminster Hall.

Nearly 50 MPs have applied to speak today; I cannot recall anything like that for many other Westminster Hall debates. I hope that the Government and all those with a say over the parliamentary agenda take note and ensure time for a much longer debate on this vital issue very soon. This is an essential debate. The crisis in SEND provision is one of the biggest messes left by the previous Government—one that the new Labour Government will have to start to clear up quickly, as SEND needs are likely only to increase. That will require a radically different approach from the one currently failing so many children.

We cannot have this debate today without acknowledging how the crisis was deepened by an austerity agenda that tore up much of the social fabric that once would have offered pupils and their families much of the support needed. That dangerous idea has hollowed out councils’ budgets and severely restricted the services that they can provide. It has caused long-term harm to the NHS, including huge waiting lists for assessments and massive backlogs in mental health services. It has placed unbearable pressure on schools, which are asked to do more and more with fewer and fewer staff and resources. It has caused key public workers to leave due to stress, simply impossible workloads and low pay, further weakening services.

[Sarah Edwards (Tamworth) (Lab)]

I congratulate my hon. Friend on securing such an important debate in such a full Westminster Hall. Since 2010 schools have been grappling with chronic underinvestment by former Conservative Governments. We know that those with special educational needs and disabilities have borne the brunt of that. Schools are expected to pick up the pieces without the proper support. Does he agree that we need to build capacity and expertise in the mainstream system so that more children can access the universal and targeted support that they need?

[Richard Burgon]

My hon. Friend puts it very well; I could not agree more. There is an old saying that it takes a village to raise a child. Well, so many of the key services that we had in our communities to help support child development are on their knees due to austerity, and children are paying the price.

Every MP in this House is aware that the special education needs and disability system has gone beyond crisis and is in emergency.

[Sir David Davis (Goole and Pocklington) (Con)]

The hon. Gentleman will remember that we had a debate like this one in the main Chamber, and there was record demand—that tells the Government something. He is right that there is not enough money for SEND generally, but it is also distributed very badly. In my constituency we get £900 per child from central Government versus, let us say, Camden’s £3,500. That means that we have delays of two, three or four years—education, health and care plans not delivered, places not delivered and therapy not delivered. If we do not solve both issues, we will not solve either of them.

[Richard Burgon]

I very much agree with the right hon. Gentleman, who makes the point—among other points—that this is a holistic issue: unless we solve all the interconnected root causes of the SEND crisis, we will never solve the crisis at all.

We have all had so many heartbreaking constituency cases. For this debate, I asked on social media for people to send in their case studies, and I was inundated with cases from right across the country. I will not be able to cite them all today, but I have read them all and they form the basis of what I will say today.

[Jim Shannon (Strangford) (DUP)]

May I congratulate the hon. Gentleman and suggest that, given the turnout, this debate could well be held in the main Chamber and should last at least three hours? I commend him on bringing this issue forward. I support him in doing so.

Obviously, the Minister does not have to respond for Northern Ireland, but in Northern Ireland, SEND pupils form some 20% of the school population and the budget that we spend is in excess of £500 million per year. It does not go anywhere near meeting the demand, so does the hon. Gentleman agree that we need more placements, more teachers, more places in school as well and, ultimately, better funding? We must not leave behind the SEND children whom we all represent in this Chamber.

[Richard Burgon]

The hon. Gentleman puts it very well indeed.

This crisis is a result of many factors, which others will no doubt give more detail on in today’s debate, but at its core is the mishandling, I would argue, of the Children and Families Act 2014. Its aims—the widening of access to SEND support and the promotion of a more integrated approach, involving health, education and social care—were laudable, but the reality has proved otherwise. Since 2014, the number of pupils with special educational needs and disabilities has increased to 1.7 million. That is one in six pupils.

[Shaun Davies (Telford) (Lab)]

I congratulate the hon. Gentleman on bringing this debate forward. As well as more money, better use of money is key. We have seen a huge reduction in the amount of money being spent in primary schools for speech and language therapy, which then costs the system far more in secondary school, as well as, of course, meaning worse outcomes for children across our country. Does he agree?

[Richard Burgon]

I certainly agree with my hon. Friend, because early intervention is so important, both in giving adequate and timely support to young people and, in the long run, in keeping the costs down; without early intervention, the problems that children face can only get worse and worse. The number needing more support through an education, health and care plan has more than doubled, but the required resources have, as others have said, simply not followed.

[Marie Goldman (Chelmsford) (LD)]

I thank the hon. Gentleman for this debate about an issue that is so important and has filled my inbox over many months, as I am sure is the case for other hon. Members here. The hon. Gentleman mentioned that the eligibility changed in 2014 with the Children and Families Act; it added an extra 11 years when it comes to the children and young people who could be included. Does he agree that it was a complete failure of subsequent Governments not to put in the extra resources to match the additional number of years? That has led to a perverse system in which we now see local authorities battling with parents—using not just normal barristers but King’s Counsel, so sure are they of their righteousness in their battle. With the help of barristers, including KCs, they are battling parents who are often not represented legally and have to represent themselves. Does the hon. Gentleman agree that that is perverse and should never have happened?

[Richard Burgon]

I thank the hon. Member: that is a very important point, and I certainly agree. I will turn later in my speech to the subject of the tribunals. When we look at the statistics on the outcome of the tribunal hearings, that underlines her point very strongly indeed.

I will make a bit of progress if that is okay. If others wish to seek to intervene, I will take some interventions again later, before the end of my speech. Greater need and inadequate funding are a recipe for disaster, and a disaster is exactly what has happened. In my 10 minutes, I cannot touch on every example of this crisis—

[Ian Lavery (Blyth and Ashington) (Lab)]

Will my hon. Friend give way?

[Richard Burgon]

I will, and then I will make some progress.

[Ian Lavery]

I congratulate my hon. Friend on bringing this really important issue to the Chamber. Does he agree that, despite the huge increase in EHCPs, investment in mainstream and special educational needs schools has been drastically cut? That is having a huge impact, mainly on mainstream schools that are trying to back-fill the provision for special educational needs pupils in our areas. Society is often measured by the way—

[Mr Clive Betts (in the Chair)]

Order. A lot of people are down to speak, so please keep interventions brief.

[Richard Burgon]

My hon. Friend makes his point well and passionately. He is correct; that is what parents and people who work in our schools have been saying to me.

I will highlight some of the most appalling statistics. More than half of SEND pupils have been forced to take time out of school due to a lack of proper provision, and some children are missing years of schooling. Two in three special schools are at or over capacity; there are 4,000 more pupils on roll than the reported capacity. There are eye-watering delays for children to get their education, health and care assessments and plans, and fewer than half of the plans are issued within the 20-week legal limit.

Nearly a third of parents whose children have special needs have had to resort to the legal system to get them the support they need, and many have spent thousands of pounds to do so. Seven out of eight teachers and 99% of school leaders say that SEND resources are insufficient to meet the needs of our children, according to National Education Union and National Association of Head Teachers staff surveys. Councils face huge SEND deficits, which now stand at £3.2 billion but are expected to reach £5 billion by 2026. The core £10,000 sum that special needs schools receive on a per-pupil basis has been frozen since 2013, despite spiralling inflation. That cost them hundreds of millions of pounds last year alone. I could go on and on, but that alone is a damning indictment of the system.

Child neglect is defined as:

“the persistent failure to meet a child’s basic physical and/or psychological needs, likely to result in the serious impairment of the child’s health or development.”

That is what this failure is, and we should be deeply angry that children are being neglected in such a way.

The SEND crisis is part of the wider crisis in education. There are too few teaching assistants, too few educational psychologists, too few special school places, and Sure Starts have been closed. All that and more means that schools are unable to provide the support that children need. It means that effective early interventions are not possible; that can deepen children’s needs with the result that they require more costly support. When schools face such difficulties, talk of bringing more children into mainstream schools, rather than specialist provision, is just empty rhetoric. All that is exacerbated by national curriculum changes, a much more rigid, prescriptive focus to learning and a greater emphasis on performance measures that simply do not provide the flexibility needed for genuinely inclusive education. We cannot solve this crisis by looking at the SEND system in isolation; we have to consider the wider education system as a whole.

[Jen Craft (Thurrock) (Lab)]

My hon. Friend mentions the staffing crisis in the SEND system, but I want to note that there is also a crisis in recruitment and training for teachers of the deaf. From my experience, I know that is a key role for a number of deaf children, particularly in my constituency. There is a real crisis in back-filling those positions and recruiting across councils, particularly at a unitary level. The need for teachers of the deaf is not reflected in those coming through the system, which often results in children not having the resource and help they need to succeed in school.

[Richard Burgon]

My hon. Friend is exactly correct, and I am delighted that she has put on record the contribution of teachers of the deaf and the situation in terms of their recruitment.

The current situation is working for no one; not for children, not for parents, not for teachers, not for children without SEN and not for local authorities. The last Government’s approach pitted parents against local authorities, and they failed to take responsibility. That has created a completely adversarial system, with ever more cases going to tribunal—there were 14,000 cases last year alone, up fourfold since 2014. Parents win in 98% of cases, but it is exhausting and often traumatic for them, as well as a complete waste of money.

Even then, the right support often does not follow. At times, that is due to local authorities being cut to the bone and their lack of effective mechanisms to hold schools to account, especially since academisation. Of course, that is only the tip of the iceberg, as so many parents simply do not have the time, energy or money to undertake legal action. The Government have a duty to end that blame game by addressing the root causes of the crisis: the failed policies that got us here.

As I draw to a close, I want to make a point about increasing attempts to shift the blame to parents, with stories blaming so-called pushy parents, a former Minister accusing parents of abusing the SEND tribunal scheme, and other powerful people calling for parents to make fewer demands.

[Matthew Patrick (Wirral West) (Lab)]

My hon. Friend mentioned that 98% of parents who make an appeal are successful. Does he share my concern that that suggests that parents who should be supported are instead encountering a system that layers uncertainty and stress on an already difficult and stressful situation? On the Wirral, we do not need to see inspection results to know that parents feel failed and let down. Does my hon. Friend believe that we need to do more to support and challenge councils, to ensure that there is a better system for parents and their children who, in a time of need, feel that they are too often met with rejection and failure?

[Richard Burgon]

My hon. Friend makes that point very well on behalf of his constituents in the Wirral, and I completely agree. What a trauma! It is trauma piled upon trauma, as parents are forced through this adversarial system, with all they are going through, struggling to get the best for their children—and the best is what our children need and deserve.

I suspect that the blame game of unfairly calling parents “pushy” was all part of a strategy by some in the last Government to blame the system breakdown on too much demand for special education provision and to claim that that demand must somehow be suppressed rather than met. I fear that those who promoted that view could even have been looking to water down the legal entitlements of children with education, health and care plans. Our new Government need to ensure—as I am sure they will—that that demonising of parents is challenged.

To conclude, the dire picture I have painted today is not inevitable; the system can be fixed and children can get the education they need and deserve. That requires improvements in SEND training for teachers, and special educational needs co-ordinators having time to focus on doing their job. It requires many more support staff in school, which means proper pay. It requires changes to the curriculum and to the way in which our education is so focused on tests and league tables, which means that there is pressure to off-roll SEND pupils. It requires genuine early intervention, including the restoration of Sure Start. It requires the scrapping of the safety valve scheme and the writing-off of local authority debts. And, of course, it requires cash. I note that the f40 group believes that the high needs block alone requires an additional £4.6 billion a year just to prevent the crisis from getting worse.

I know that many hon. Members want to speak today. I am delighted that the new Education Secretary has recognised that there is a crisis in SEND provision, because the first step in solving a crisis is to recognise that there is one. I hope that this exercise—going into this debate, continuing through this debate and following this debate—can be part of getting a grip and turning the page on a situation in which so many children are not getting the support and education they deserve in order to fulfil their potential for a happy life, which is something all our children deserve.

[Mr Clive Betts (in the Chair)]

Obviously, a lot of Members want to get in. We have 40 minutes, so I am going to impose a time limit of three minutes. Please do not take more than one intervention, because that lengthens the time. Interventions should be to the point; they should not be speeches. If you make an intervention, you will not get called to speak as well. Off we go: I call Dr Neil Shastri-Hurst.

--- Later in debate ---

[Richard Burgon]

Thank you, Mr Betts, for calling me to speak, and I thank all hon. Members who have taken part in the debate today. Given that demand to speak has exceeded supply today, I particularly hope that new Members who had written their speeches in advance, but were unable to make them in the debate, will consider publishing them online.

I thank the Minister for her response—her statement of intent. This debate today can only be the beginning. We need to recognise that there is a crisis in SEND provision. We need to ensure that SEND provision is properly financed and funded. We need to ensure that SEND provision is not seen in a silo and that instead there is a holistic approach to it. We also need to move forward, so I hope that we can find more time in the main Chamber to take this debate forward and tackle this challenge.

Question put and agreed to.

Resolved,

That this House has considered SEND provision.