Children and Families Bill

Robert Buckland Excerpts

Monday 25th February 2013 Commons Chamber

[Mr Timpson]

I will come on to address those issues, but it is important to say at this juncture that we are not changing the definition of special educational need. It is clear from the Ofsted report of 2010 that there has been over-identification of many children, who have been labelled as needing School Action or School Action Plus, but for whom that has not addressed the core concerns around their presentation and their inability to progress at school satisfactorily. We want a greater emphasis on outcomes, and we want to personalise the support that children get at school—if necessary, through a plan, if they meet the criteria. We are not changing the definitions; we are ensuring that the rights that parents and young people enjoy under the SEN system will be protected under the new system. In fact, they will be enhanced, as they will apply beyond the age of 16, all the way up to 25, when that is considered appropriate.

[Mr Robert Buckland (South Swindon) (Con)]

I commend my hon. Friend for the way he is presenting the Bill. Does he agree that this is not just an education Bill, but a health Bill and a care Bill? Unless we make sure that services are joined up through local joint commissioning, there is a danger that the good work he wants to take place will not happen properly.

[Mr Timpson]

I am grateful to my hon. Friend, who has on many occasions displayed his deep knowledge and understanding of the subject, and as chair of the all-party parliamentary group on autism continues to fight for the cause admirably. Of course he is right: we want better integration of services, and better co-ordination of assessments relating to education, health and social care. That is why, in the Bill, there is for the first time a statutory duty to ensure joint commissioning of services relating to education and social care; there is a duty on the different agencies to co-operate. Through the local offer, they will all have to publish—through a common framework, which we will set out in the code of practice and in regulations—what services they have on offer locally for children with a disability or a special educational need, so that there is much more transparency, and people can hold them to account much more effectively.

--- Later in debate ---

[Mr Robert Buckland (South Swindon) (Con)]

It is a pleasure to follow the hon. Member for Hayes and Harlington (John McDonnell), who made very important points about the need to make sure that the regulations that follow the Bill protect and enhance not only the rights of the children and young people concerned but the rights of their parents and families. Accountability must be at the heart of this process. It was the lack of accountability and the resulting problems that we all encountered as constituency MPs—and, indeed, as parents—that led to the developments that have seen the introduction of this welcome Bill. I am delighted to support its Second Reading. I am very encouraged by the degree of cross-party support that we are seeing in the Chamber and will, I hope, see in Committee.

The road to the Bill has been a long one, and many of us who have a great interest in these issues were sometimes champing at the bit for the pace to quicken. However, having seen the results of the extensive consultation process and the hard work of the various Select Committees, I am pleased that we have reached this Bill at last rather than at first, as it were, which will make it a better and stronger piece of legislation.

As a member of the Justice Committee, I took a particular interest, with colleagues, in the family law provisions, particularly the debate about parental involvement, as it will now rightly be called. However, I will deal mainly with the provisions relating to special educational needs, which form a large part of the Bill.

[Penny Mordaunt (Portsmouth North) (Con)]

I pay tribute to my hon. Friend’s work on special educational needs, particularly autism. Does he share my view that children with a middle to low special educational need such as pragmatic language disorders, dyslexia and autism are often short-changed by local authorities, and that the more we can do to strengthen the hand of parents, the greater the amount of provision that will be available to those children?

[Mr Buckland]

My hon. Friend makes a very important point. A large cohort of children and young people with disabilities that have been diagnosed will not be covered by the new plans. Some, but not all, were formerly covered by the school action and school action plus programmes. I hope that the Bill will be a catalyst, not only to improve the lot of those young people who will be subject to the new plans, but to improve training and awareness and the system so that it encourages the earlier identification and diagnosis of such problems so that they do not develop to a degree that necessitates intervention in the form of a plan later on.

That is why it is vital that we do not regard this as merely an education Bill—it is also a health Bill and a justice Bill, and it relates to social care. The joined-up thinking—not just at Government level, but at local level—that I and many others have been talking about for so long is vital if we are to make real progress. The provisions that impose a duty on local authorities to work jointly with other agencies, such as the national health service and local health bodies, are absolutely key to make sure that we can deliver for young people.

As I have said, early identification of disabilities such as speech, language and communication disorders— I think that will be enhanced by the expansion of the health visitor system with the injection of another 4,200 health visitors by 2015—will be an essential part of the work that will have to accompany the passage of the Bill. If we do not achieve a fully integrated health and education check at the age of two and a half— I know that that is one of the Government’s key ambitions—we will miss an important trick.

When the all-party group on autism, which I have the pleasure of chairing, reported on these proposals last year, we looked in particular at the need to address the question of transition. Although I am delighted that the Bill extends the provision of education, health and care plans for young people up to the age of 25, it is essential that 25 does not become the new cliff edge. More work needs to be done to ensure that duties are imposed on local authorities and others to provide for those important transition years. Many young people with special educational needs take time to develop. They do not abide by the usual milestones, but go at their own pace and do things in their own time, which is why the extension is so important. We do not want to see the good work that can be done up to the age of 25 wasted by a lack of provision for the transition to adulthood. I also hope that the Bill will make provision to support those who fall in and out of education—a number of people do so for various reasons, some of which are health-related—to get back into it.

Much has been made of clause 69 and the sad exclusion of young people in detention. That, to my mind, is something of an admission of defeat. More than 70% of young people in detention have some form of speech, language or communication disorder. We cannot ignore that cohort. In fact, we ignore them at our peril. I want concerted action to be taken, not only by the Department for Education but by the Ministry of Justice, to make sure that effective provision to address the special needs of those in custody keeps pace with the welcome reforms.

I look forward to the publication of the draft code of practice and hope that the new code will be much more of a living instrument than its predecessor, which has not kept pace with changes in provisions or in priorities. It has to be a living document that will adapt and change over time.

Much has been said about the local offer. It must combine the enterprise and initiative of many local authorities and agencies with a national framework from which those who commission services can seek guidance and support. Blending those two factors will be essential, for example for families with children with special educational needs who, for work or for other reasons, have to move around the country and want to see similar provision in the town or city in which they are going to live. That form of passporting is important in ensuring that there is consistent provision across England.

The position of those who do not fall within the care plans is of genuine concern to us all. However, it is my belief that the Bill, which is the most important reform of special educational needs provision since the Education Act 1981, goes a long way towards addressing the genuine concerns of professionals, parents and all those who have campaigned so assiduously in the sector. I pay tribute to the Minister and his colleagues for the commitment, passion and hard work that they have put in to make this a very useful foundation for success.