Autism and Learning Disability Training
Robert Buckland Excerpts(7 months, 1 week ago)
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Dame Caroline Dinenage
The hon. Gentleman anticipates correctly and, as ever, makes an important contribution to the debate. That is why we are discussing a petition, which over 16,000 people signed and which calls for university students to be included and for the education to go up as far as university lecturers and other university staff.
Before I go any further, I want to say that this is not a problem with teachers per se. This debate is not about attacking the teaching profession nor is it meant in any way to undermine or criticise teachers and other education professionals. We know that teachers up and down the country do a remarkable and very important job, in many cases in increasingly challenging circumstances. Teachers are passionate about supporting their pupils. They want to give them the very best possible educational experience and the best life chances, but they need the right support to do that. This debate is about ensuring that teachers are given the best tools and advice they need to give autistic and neurodivergent children, children with a learning disability and, in fact, all the students they care for the best possible support and the best possible chance to have a happy, healthy and safe learning environment.
Sir Robert Buckland (South Swindon) (Con)
I am grateful to my hon. Friend for bringing this debate to Westminster Hall and bringing together these petitions. Does she agree that we already have a precedent in the Health and Care Act 2022, which finally mandated training for health and social care professionals using the Oliver McGowan training programme? With the Autism Education Trust, we have a potential model that could be strategically rolled out to replicate the approach we are taking in health and social care in all fields of education.
Dame Caroline Dinenage
It is almost as if my right hon. and learned Friend read my mind. I will come on in a bit to talk about the Oliver McGowan training, which I am glad he endorses. As the chair of the all-party parliamentary group on autism, he speaks with enormous experience and passion on this subject, and I am grateful for his endorsement.
As we have heard, there is already training in this area, which I am sure the Minister will reiterate. However, a report by the National Autistic Society showed that just one in seven—14%—of schoolteachers have received any form of autism training. Rachel, a SEND learning support assistant, said, in her words, that she had
“not really received much training”,
and that when she started, she
“was thrown into the deep end.”
Everything Rachel knows is mainly based on her experience of working with SEN children, not her training, yet the survey responses show that where teaching and support are right, they can have a game-changing and enduring impact on the education and life chances of neurodivergent pupils, in some cases supporting them all the way through university and building them up for their adult lives and careers ahead.
What concerns me deeply, however, is the fact that further research from the National Autistic Society showed that while 87% of teachers surveyed said that they felt confident or very confident supporting autistic pupils in the classroom, findings from a 2021 report showed that seven in 10 autistic children and young people said that school would be better if more teachers understood autism, while 54% of autistic students said that having teachers who did not understand them was the worst thing about school. That is a problem. There is a clear and sizeable gap between how teachers think it is going and how autistic children and children with a learning disability actually feel. It is vital that we bridge that gap. It is simply not fair on either party if we do not. All children deserve to have the very best possible experience in the classroom and the best opportunities to learn and fulfil their potential.
Special Educational Needs and Disabilities Review
Robert Buckland Excerpts(2 years, 3 months ago)
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Nadhim Zahawi
It was good to brief the hon. Lady and the right hon. Member for Kingston and Surbiton. The Green Paper has had a warm welcome from the unions the Association of School and College Leaders and the National Association of Head Teachers, with some challenges around implementation and how we do this well on the ground from the Local Government Association. Our work in early years and post-16 education has also been welcomed.
The hon. Lady asks when people will see the difference. The reason why I went to the Chancellor during the spending review and got the £2.6 billion, the additional £1 billion and the safety valve money is that I do not think we can wait until we have a consultation and get to a place where the whole Green Paper is a reality on the ground. That is why we are today announcing £1.4 billion—the first tranche of the £2.6 billion—for up to 40 new settings, which will see additional provision going into the system so that parents have the confidence that the provision will be there for their child. However, she is right: this has been a long time coming, and I will make sure that we move at pace on the further reforms that are outlined in the Green Paper.
Sir Robert Buckland (South Swindon) (Con)
I welcome my right hon. Friend’s statement, which builds on the work done by my hon. Friend the Member for Eddisbury (Edward Timpson) and others in the Children and Families Act, in which I know the Secretary of State took a close interest when he was Children and Families Minister. However, is not the key point that without health in the room, everything falls down? Despite the best attempts to make that happen under EHCPs, that has not been happening enough, so I welcome statutory provision. Is not the other test that if the Secretary of State achieves anything, it must be a reduction in school exclusions? Too many young people with vulnerabilities and susceptibilities are exploited and end up in the system that I stewarded for a number of years. Can he make this as much an issue of justice as it is of education and health?
Nadhim Zahawi
I know that my right hon. and learned Friend is passionate about this issue. It is important to remind ourselves that the co-signatories on today’s Green Paper are myself and the Secretary of State for Health and Social Care, and his ministerial team is here on the Front Bench with us. His pledge is that health will look at the local provision and local resources, and of course, we will publish the dashboard. I spoke about data and transparency, and the best way to reform complex systems is through data and transparency. However, we are going further by simplifying the EHCP process, because there is no consistency in that. That also needs to be identified and dealt with, and we will do that. My right hon. and learned Friend is also right to point out that we need to ensure that every school—this is what my schools White Paper dealt with yesterday—is a great SEND school, because we have an equal ambition for children with special educational needs and disabilities as for all the children in our school system.
Oral Answers to Questions
Robert Buckland Excerpts(7 years, 4 months ago)
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Philip Davies (Shipley) (Con)
The Solicitor General (Robert Buckland)
We committed ourselves in our manifesto to extending the scope of the scheme. As a first step, my right hon. Friend the Home Secretary announced that we would extend it to sentences in the Crown court for terrorism offences, and we are working with her to implement that.
Philip Davies
I am grateful to my hon. and learned Friend for confirming that our manifesto commitment is still on track, but I should also be grateful if he was a bit more specific about the dates on which we might be able to make some headway, because these reforms are long overdue.
The Solicitor General
My hon. Friend is right to press the Government for a commitment to action. Work is being done with the Ministry of Justice, and both the Attorney General and I are committed to ironing out the obvious inconsistencies in the system, which cause understandable frustration among victims and their families.
Chris Davies (Brecon and Radnorshire) (Con)
Over the last 12 months, how often has my hon. and learned Friend been asked to review sentences handed down by the courts?
The Solicitor General
The number of sentences continues to increase. In 2015 we considered 713 requests, but of 80,000 passed in England and Wales in that year, only just over 100 were varied by the scheme. I think that that represents a vote of confidence in our judges and magistrates.
Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)
The Solicitor General (Robert Buckland)
The Government are working closely with the police, the Crown Prosecution Service and community organisations to monitor any changes in hate crime levels, and we will continue to do so after the triggering of article 50. However, it is not possible to predict prosecution trends, and the data on the nationalities of victims are not disaggregated.
Gerald Jones
What steps is the CPS taking to improve the conviction rate for hate crimes against disabled people? Does he support the call by the shadow Solicitor General, my hon. Friend the Member for Torfaen (Nick Thomas-Symonds), for parity in the treatment of all protected characteristics in the aggregated offences regime?
The Solicitor General
The hon. Gentleman will be glad to know that rates of disability hate crime prosecution continue to rise. The rise last year was 41.3%, the conviction rate for hate crime being just over 83%. The total number of hate crimes prosecuted last year was 15,442, which is the highest number to date. I do, of course, take very seriously the helpful and sensible submissions made by the shadow Solicitor General.
Seema Kennedy (South Ribble) (Con)
What steps is the Department taking to prevent the spread of hate crime by the media?
The Solicitor General
As we know, in an age of social media it has become all too easy for perpetrators to spread hate and intimidation. The Crown Prosecution Service takes very seriously offences which cross the line to constitute grossly offensive communications, and prosecutions take place regularly. We will continue to work with social media to ensure that the detection of such crimes can be improved.
Justin Madders (Ellesmere Port and Neston) (Lab)
Oral Answers to Questions
Robert Buckland Excerpts(7 years, 6 months ago)
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Andrew Stephenson (Pendle) (Con)
The Solicitor General (Robert Buckland)
We have the strongest legal framework in the world, including the Modern Slavery Act 2015, which came into force in July last year. The Law Officers are supporting the Prime Minister’s taskforce on modern slavery, and the Crown Prosecution Service continues to see a year-on-year increase in the numbers of prosecutions.
Mr Speaker
I think the hon. and learned Gentleman seeks to group Question 1 with Questions 6 and 8.
The Solicitor General
Forgive me, Mr Speaker. I make that application to group the questions in that order.
James Cleverly (Braintree) (Con)
Andrew Stephenson
One of the main areas of modern slavery that we are uncovering in Lancashire is the trafficking and subsequent sexual exploitation of women. Often these victims will not come forward because they are being controlled through fear and violence. What more can my hon. and learned Friend do to support vulnerable women through the process?
The Solicitor General
My hon. Friend is right to raise that issue. The CPS has been instrumental in developing special measures to help people with vulnerabilities to give evidence, such as the pre-recording of cross-examination, ground rules hearings that are held ahead of the trial in order to avoid inappropriate questions, and evidence via remote link. All such measures help to increase confidence that support will be there for victims.
Seema Kennedy
Can my hon. and learned Friend tell me a bit more about what the Crown Prosecution Service is doing to prosecute this type of offence in the north-west of England?
The Solicitor General
I note my hon. Friend’s interest as a north-west MP, and I am happy to tell her that under the new modern slavery offence, eight charges were laid in the north-west region and eight offences in the Mersey-Cheshire region, plus other offences under older legislation, in the past year. Only last month three people were convicted of modern-day slavery and human trafficking in Liverpool and were sentenced to a total of seven years and three months’ imprisonment.
Mr David Hanson (Delyn) (Lab)
Many of the prosecutions were the result of the European arrest warrant playing an important part. Will the Solicitor General, with the Home Office, ensure that the European arrest warrant remains a useful tool, whatever the outcome of Brexit negotiations?
The Solicitor General
The right hon. Gentleman is right to note the huge importance of the European arrest warrant in streamlining the process. That, together with other tools to encourage close co-operation not only between countries in the EU but more widely abroad, is a vital means by which we can deal with what is an international crime.
Margaret Ferrier (Rutherglen and Hamilton West) (SNP)
The Modern Slavery Act review published a few months ago noted that although it is national Crown Prosecution Service policy that all trafficking and exploitation cases be referred to the complex casework unit, in practice the policy is not always followed. What subsequent measures have been put in place to reduce the number of cases that could slip through the cracks in that way?
The Solicitor General
The hon. Lady is right to point out that important review, which I am glad to say is forming a key part of the Prime Minister’s taskforce. At all levels, proper emphasis is being placed on the serious nature of this type of offending. Let us not forget that other types of offence that encompass such behaviour need to be dealt with as well, so the complex case unit has a key and increasingly important role in the prosecution of such crime.
Mr Philip Hollobone (Kettering) (Con)
The Solicitor General is responsible for the prosecution of traffickers, not for the detection of them or for their sentencing. What are the main barriers to his securing successful prosecutions?
The Solicitor General
My hon. Friend is right to say that these are challenging offences. The problem is that very often the victims of this type of crime take a while to realise that they are in that position. When they come forward, they want a consistent approach from the authorities that gives them support when they come to give evidence. That is the emphasis of the CPS and other agencies, and with that increasing support we are seeing those barriers increasingly being removed.
Nick Thomas-Symonds
Thank you, Mr Speaker. The independent review commissioned by the Prime Minister that the Solicitor General has referred to expressed concern about the insufficient quality and quantity of intelligence at national, regional and international level, which it is said hampers our operational response. What steps does the Solicitor General think can be taken to ensure that our exit from the European Union does not further hamper our operational response?
The Solicitor General
May I first welcome the hon. Gentleman back to his place at what is a very challenging time for his family? We give him our very best wishes.
The hon. Gentleman is absolutely right to talk about international working. He will be glad to know that the taskforce, in the form of the National Crime Agency and the other agencies, is placing heavy emphasis on the need to improve that intelligence gathering. When our exit from the EU happens, I firmly believe there will be mechanisms in place to ensure that that important work carries on unimpeded, whether by way of mutual legal assistance or some of the other mechanisms we have opted into, which will no doubt be an important part of the negotiation in the months ahead.
Nick Thomas-Symonds
I am very grateful to the Solicitor General for his kind words and good wishes to my family at this time.
The Solicitor General has set out that our membership of the European Union gives us access to a toolkit, including the European arrest warrant, which was mentioned by my right hon. Friend the Member for Delyn (Mr Hanson), and which the Director of Public Prosecutions referred to as absolutely vital. However, there is also access to agencies such as Eurojust, where we have one of the busiest desks. What will the Solicitor General do to ensure that we quickly negotiate a new relationship with Eurojust, rather than ending up in Switzerland’s position, where the negotiation took seven years?
The Solicitor General
The hon. Gentleman is right to emphasise other mechanisms. Eurojust and the European investigation order are other mechanisms that may be relevant. Clearly, they have to form a central part of any negotiation and be a priority for the negotiating team when it comes to the details. As he knows, the CPS is well aware of this issue and has been raising it, and the Law Officers will, of course, play their part in raising these important issues.
David Rutley (Macclesfield) (Con)
The Solicitor General (Robert Buckland)
We are committed to tackling hate crime in any form. Forgive me, Mr Speaker, may I apply for this question to be grouped with Questions 5 and 7? The numbering has changed.
Sir David Amess (Southend West) (Con)
Henry Smith (Crawley) (Con)
The Solicitor General
As I was saying, Mr Speaker, the cross-Government hate crime action plan, published in July 2016, focuses on the reduction of hate crime, the increasing of reporting, and ensuring that all criminal justice partners deliver the appropriate outcomes for victims.
Mr Speaker
I realise that, as a distinguished lawyer, the hon. and learned Gentleman’s speciality is words—preferably a large number of them—rather than numbers.
David Rutley
Like many others in the Chamber, I was very concerned about the spike in the number of racial and religiously aggravated offences after the referendum. Will my hon. and learned Friend please tell the House whether that trend has continued in recent months?
The Solicitor General
My hon. Friend is right to raise this issue. I think we were all concerned about the spike that clearly occurred after the referendum. The total number of racial and religiously aggravated offences reported in July this year was 41% higher than in the previous year, but I am happy to report that the number of such reported offences has now declined and is at similar levels to before the referendum.
Sir David Amess
Will my hon. and learned Friend look carefully at the law relating to abusive and offensive online posts? Often when I look at the remarks that are made, particularly when someone has died, I find it quite incredible that newspapers host them, and I think these cowards should have their names and addresses printed along with the offensive posts.
The Solicitor General
My hon. Friend raises a proper point of increasing concern. I assure him that anonymity—perceived or real—is not an escape route for perpetrators. The use of false online profiles and websites still means that people are traceable, and they can and will be pursued, just like the appalling individual who, only this week, was convicted of offences arising from a racist campaign against the hon. Member for Liverpool, Wavertree (Luciana Berger).
Henry Smith
I am grateful for my hon. and learned Friend’s answer. Can he say more specifically what the Government are doing to tackle hate crime against those with learning disabilities and autism?
The Solicitor General
I am grateful to my hon. Friend for raising an issue that has been of consistent importance to me since my appointment to this office. I am glad to note that there has been a rise of 44% in the number of prosecutions for disability hate crime generally in the last year. When it comes to learning disabilities and autism, I am a strong supporter of local advocacy groups, which will often be the first port of call when a complaint is made by people with an impairment. The evidence shows that where the police work with these groups, more people with a learning difficulty will come forward, and I want to see this good practice spread much further.
Ian C. Lucas (Wrexham) (Lab)
But given that on the ground in north Wales the number of prosecutions generally is falling, how can we ensure that public perceptions are reflected in prosecuting policy so that more individuals who commit crime get taken to court and dealt with by magistrates, who tell me that their courts are empty?
The Solicitor General
I am following the position very carefully in all parts of England and Wales. The hon. Gentleman is right that there are some areas, such as his, where there has not been the rise in prosecutions that we have seen in others. We have to further encourage consistency. The training that has been rolled out in recent months to all the CPS areas needs to bed in. With that approach, I think we will see a rise across the board not just in the prosecution of these offences, but in the confidence of victims to come forward.
Jim Shannon (Strangford) (DUP)
Does the Solicitor General agree that prosecution of hate crimes is helped when the victim is supported enough to give evidence, and that more training must be provided by the teams that deal with hate crime UK-wide to ensure that all possible support is afforded to victims and their families?
The Solicitor General
The hon. Gentleman knows from his experience in Northern Ireland that the Leonard Cheshire Disability organisation has an excellent scheme in place to support victims. This echoes the point that I made earlier about the need for such best practice to be spread to give better support.
Chris Elmore (Ogmore) (Lab/Co-op)
I am sure the Solicitor General would agree that regional variations in conviction rates for disability hate crime are unacceptable. Will he set out how such convictions will be dealt with, so that they will not depend on where a person lives?
The Solicitor General
The hon. Gentleman is right to reiterate the points that have been made. I assure him that the training that is being provided applies to all CPS regions; it is being done on a national basis. That means that in whatever part of the country it is, there should be the same awareness and understanding about the sensitivities that apply to disability hate crime, and of the need to stop looking at people with disabilities through the prism of credibility; rather, we need to look at the person beyond the disability, understanding that their voice has to be heard.
Nigel Mills (Amber Valley) (Con)
Oral Answers to Questions
Robert Buckland Excerpts(7 years, 8 months ago)
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Chi Onwurah (Newcastle upon Tyne Central) (Lab)
The Solicitor General (Robert Buckland)
The Crown Prosecution Service has this very month published guidelines on crimes involving social media, and it will publish a broader cybercrime strategy and guidance for prosecutors this autumn. All CPS prosecutors already have access to training on how to deal with cybercrime.
Chi Onwurah
Last week’s internet of things bot attack, which brought down Twitter and Spotify, among other sites, was the result of tens of millions of household devices, such as baby monitors and televisions, being hijacked by cyber-criminals. This Government have been perilously slow to recognise the real harm that online scams and viruses do to our constituents. What is the Solicitor General doing to ensure that the CPS can respond to internet of things attacks?
The Solicitor General
The hon. Lady will know that the Government have in place many measures to deal with prevention; she is quite right to talk about the internet of things. When it comes to prosecution, I am confident that the CPS understands the international nature of this crime, particularly the exploitation by organised crime groups of cybercrime across the world and the need for co-operation with other jurisdictions to deal with it. Our cybercrime strategy will address a lot of the concerns she has expressed.
Mrs Maria Miller (Basingstoke) (Con)
Do we not rely too much on prosecution guidance when it comes to cybercrimes, such as online abuse, when there is no substitute for clear primary legislation? Will my hon. and learned Friend carefully consider the proposals of the Law Commission’s 13th programme of law reform, which looks at offensive online communications, and will he advise our right hon. Friend the Lord Chancellor that this should be a top priority?
The Solicitor General
I pay tribute to my right hon. Friend for the work she has done and continues to do to tighten up the law on offences such as revenge pornography. I believe it is incumbent on the police and on prosecutors to use the existing law more thoroughly, but if there is a case for further reform, the Government will of course look at it very carefully.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Has the Solicitor General seen that over 100 Members of Parliament have now signed a letter to President Obama on the case of Lauri Love, who is going to be extradited to the United States to face trial for hacking into government files? Does he realise that this young man is on the autism spectrum, has severe mental health challenges and may not survive such a journey?
The Solicitor General
I am very conscious of that case, as I have a strong interest in autism issues. I have to emphasise that it is of course a matter for the courts—there has been a court procedure relating to this issue—so I am loth to make direct comment on the case, but I am certainly following it very carefully.
David T. C. Davies (Monmouth) (Con)
There is little doubt that there has been a huge increase in cybercrime of all sorts over the past few years. Does the Attorney General think we have the specialist knowledge we need within all our law enforcement agencies to tackle the problem?
The Solicitor General
My hon. Friend hits the nail on the head. It is vital that the investigatory and prosecutorial authorities understand the global nature of cybercrime. I am confident that the new strategy, to be published very shortly, will address the very concerns that he has raised.
Fiona Bruce (Congleton) (Con)
Oral Answers to Questions
Robert Buckland Excerpts(10 years ago)
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Mr Willetts
Let me be clear: we are committed to helping disabled students. We will expect universities to do more to discharge their direct responsibilities to disabled students. Often, improved provision by universities is a better way of helping disabled students than funding to individual students. We will maintain strong support for disabled students.
Mr Robert Buckland (South Swindon) (Con)
5. What support his Department is giving to the life sciences sector.
The Minister for Universities and Science (Mr David Willetts)
We are promoting research and development, innovation and manufacturing so the UK is a global leader in life sciences. Businesses in life sciences have announced more than £2 billion of investment since our strategy was launched.
Mr Buckland
Following my right hon. Friend’s recent visit with me to see cutting edge 3D print technology at BD’s plant in Swindon, will he work with me to help the further development of high-value specialist manufacturing at companies such as BD, Patheon and Catalent, which form an important part of Swindon’s life sciences sector?
Mr Willetts
I remember vividly that visit last month and congratulate my hon. Friend on his very good working relationships with local employers. He is right that our life sciences strategy is not simply about research and development, important though that is. It is also about supporting high-tech manufacturing and promoting more of that in the UK.
School Funding
Robert Buckland Excerpts(10 years, 3 months ago)
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Mr Laws
As the hon. Lady will know, that is an issue in places, such as Newham and Durham, where the eligibility checking service is being used to ensure that all those pupils still get the pupil premium. In the medium term, I believe that the answer is to move to a more automatic system so that, rather than having to rely on parents applying, we can ensure that the money is delivered automatically. It should not be necessary for parents to have to apply and for schools in some parts of the country to be so reliant on that process, which often means that they do not get the money they deserve. We will certainly ensure that that issue is addressed as we take these reforms forward.
Mr Robert Buckland (South Swindon) (Con)
Schools and families in Swindon will warmly welcome this announcement. Will my right hon. Friend outline the extent of the increase that schools in Swindon will enjoy and pay tribute to the work of f40—the Campaign for Fairer Funding in Education—and my hon. Friend the Member for Worcester (Mr Walker), who has worked so hard with many of us on that?
Mr Laws
I am grateful to my hon. Friend for his welcome. Swindon is one of the authorities that will benefit from these changes. It currently receives funding of around £4,100 per pupil. Under the proposals we are announcing today, which we will consult on, that will increase by £100 per pupil, delivering almost £3 million extra to Swindon.
Oral Answers to Questions
Robert Buckland Excerpts(10 years, 4 months ago)
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Mr Timpson
We have already provided local authorities with a raft of good practice and data to help them not only to improve their understanding of what is required of them, but to do better at the earlier end of the process —in commissioning, planning and assessment. We can learn a huge amount from many of the voluntary organisations that are out there in the field, working closely with families and statutory agencies to ensure that they get the best possible outcomes. We have a number of grants and contracts with those voluntary organisations to support them in doing that. That will be a key part of ensuring that our reforms start to bite in the way that we have already started to see in many of the pathfinder areas.
We have also extended the scope of a number of significant clauses to children and young people who are disabled, but do not have special educational needs, through Lords amendments 14 to 39, 41 to 46, 48 to 51, 62 to 65, 67 and 118. I am pleased that we were able to make that change, which has been widely welcomed. For example, Julie Jennings, a board member of Every Disabled Child Matters, has said:
“The changes announced today mean that all disabled children and young people, will benefit from the Children and Families Bill when it is introduced. This is very welcome news, indeed.”
To reflect that, Lords amendment 176 would amend the long title of the Bill to include children and young people with disabilities. We have also made it clear, in clause 21, that health care and social care provision that educates or trains a child or young person is to be treated as special educational provision. That relates to an understandable concern of many Members of this House, so I hope the change in Lords amendment 13 is welcome.
Mr Robert Buckland (South Swindon) (Con)
I thank my hon. Friend for raising that point. We had many arguments about the “wholly or mainly” provision in the original draft of the Bill, and I am grateful to him and the noble Lord Nash for listening to the case that many of us made against it. We now have clarity, which we hope will prevent the sort of damaging litigation that has plagued special educational needs provision over the years.
Mr Timpson
My hon. Friend speaks with great wisdom and force, as he has done throughout the passage of the Bill, particularly on this part. To hear him utter those words gives me great confidence that we have done the right thing and ended up with both clarity and a sense of what is now required as we move forward.
The local offer was discussed at some length in this House. We have amended part 3 further to improve accountability and the responsiveness of the local offer. I do not think it would be right to make the changes sought by amendment (a) to Lords amendment 43 in the way proposed. These issues have been debated at length in both Houses, both of which accepted the Government’s arguments, which I will briefly explain again.
The local offer will contain provision made by a wide range of organisations, including small voluntary sector groups or informal arrangements—for example, a circle of friends group for disabled young people set up by local young people. The services may be expected to be available, but this cannot be guaranteed. Requiring local authorities to publish what is available might deter them from including such provision in the first place, and children and young people will miss out. In publishing what it expects to be available, the local authority cannot say, “Well, we think this might be available one day, so we’ll put it in.” For the avoidance of any doubt, we will make it clear in the SEN code of practice that the duty on the local authority to set out what it expects to be available is not about what it would like to be available, but about what it actually expects to be available.
We have also made a set of amendments that will shift the focus from explicit consideration of age when assessing education, health and care plans for 19 to 25-year-olds, and that instead require local authorities to consider whether a young person requires more time to complete their education or training, and whether the specified outcomes have been achieved before the plan can cease.
Lords amendments 72 and 73 build on the health duty introduced in Committee in the Commons by including in the Bill provision made under the Chronically Sick and Disabled Persons Act 1970, under which there is an existing duty to provide social care services to disabled children. Those amendments were welcomed by the Special Educational Consortium and a number of peers on Third Reading in the other place. Lord Rix said:
“The government amendments move us closer to the holy grail of integrated education, health and social care,”
and will
“undoubtedly aid children and young people with a learning disability and their families.”—[Official Report, House of Lords, 5 February 2014; Vol. 752, c. 209.]
Mr Timpson
I am grateful to the hon. Lady for returning us to the important issue of redress. I shall go into a little more detail in due course, but I can say now that I was conscious from the outset that we should do all that we can to integrate education, health and social care throughout the system, including in the areas where there was disagreement. I think that we have gone a long way towards achieving that during the passage of the Bill so far, but if the hon. Lady will bear with me for a few moments, I shall wax lyrical for her and the House’s benefit.
I understand the intention behind amendment (a) to Lords amendment 73. It is, of course, vital for parents and practitioners to understand the duties to deliver the social care services specified in the education, health and care plan. However, let me reiterate the points made by Baroness Northover when she spoke to Lords amendments 72 and 73.
The Government amendments mean that when a local authority decides that it is necessary to make provision for a disabled child under section 2 of the Chronically Sick and Disabled Persons Act 1970 following an EHC assessment, the authority must—I emphasise “must”—identify which provision is made under section 2 of the Act, specify that provision clearly in the EHC plan, and deliver the provision. Furthermore—I hope that this is helpful to the hon. Member for Birmingham, Selly Oak (Steve McCabe)—we will ensure that the SEN code of practice specifies the services under section 2 that must be included in the EHC plan and explains the existing duty to provide those services, in order to provide clarity and reassurance for parents and practitioners.
The code of practice will clearly specify the other social care services that must be included in the EHC plan and relevant local authority duties, including services provided for children and young people under section 17 of the Children Act 1989 that are not covered by the 1970 Act, such as residential short breaks, and adult social care services for young people aged 18 to 25, where a care plan is drawn up under provisions in the Care Bill. Given those reassurances, I do not think it is necessary to legislate for a further requirement to identify existing duties in the EHC plan.
Lords amendments 86 to 97 and 113 constitute a strong package to improve the join-up between education, health and social care when parents and young people wish to complain or seek redress. That includes extending mediation and establishing a review of appeals and redress in the new SEN system. Following a commitment that I gave on Report, we tabled a meaty group of amendments that will strengthen protections and support for young offenders with SEN. They require local authorities and relevant health commissioners to arrange appropriate special education and health provision for young offenders in custody, enable EHC assessments to take place while a child or young person is in custody, and require secure youth institutions to co-operate with local authorities and to have regard to the SEN code of practice.
The package also includes amendment 114, which would remove clause 70. I pay particular tribute to my hon. Friend the Member for South Swindon (Mr Buckland) for his involvement in and guidance on the issue, and on many of the changes I have just outlined. As he knows, I was as uncomfortable as he was about clause 70. Although it was a legal necessity at the beginning of our deliberations, it did not really reflect the ambition that we shared, and I hope that he is as pleased as I am to see the back of it.
Mr Buckland
I am grateful to my hon. Friend. I know that he worked with the Ministry of Justice and, in particular, with the Under-Secretary of State for Justice, my hon. Friend the Member for Kenilworth and Southam (Jeremy Wright), who was as committed as we were to ensuring that this was an ambitious Bill that covered all the right areas. I pay tribute to both Ministers for ensuring that children and young people who need rehabilitation as much as punishment can be assisted, and we can reduce reoffending. That is very important too.
Mr Timpson
I agree with everything that my hon. Friend has said. Perhaps I should also put on record the important contribution of Lord Ramsbotham, who, having worked at the top of the Prison Service, has continued his work in Parliament and enabled us to make the inroads that we have made in the Bill.
Steve McCabe
I am grateful to my hon. Friend, and I hope that there is now some agreement on what happened.
I do not wish to detain the House any longer. We welcome the Lords amendments and we are broadly in favour of the Bill, although we think its implementation will be all important. We urge the Minister to make it clear that, as far as he is concerned, getting the Bill through Parliament is the first stage; the question of whether it operates as he intends is the real test of whether it is indeed landmark legislation.
Mr Buckland
It is a pleasure to follow the hon. Member for Birmingham, Selly Oak (Steve McCabe). Although he has come to his brief towards the end of the Bill’s passage, I know that he shares the aspirations of those of us who care deeply about not only children with special educational needs, but children and young people in general, which is why I warmly welcome the Lords amendments.
I am sure that my hon. Friend the Minister will not mind if I remind him of our lengthy debates in Committee, when we were joined by the hon. Members for Washington and Sunderland West (Mrs Hodgson) and for Manchester Central (Lucy Powell), as well as hon. Members who are not in the Chamber. I do so because I think that the Bill’s passage through this House offers a very positive example of how scrutiny can work. The length of time we took—the Committee’s proceedings were extended by several sittings to allow all the debates—allowed us to lay a good foundation so that their lordships could consider our concerns and act upon them.
Mrs Hodgson
I am grateful to be in the Chamber tonight to hear the hon. Gentleman’s contribution. Does he agree that it was the hundreds of amendments and the hundreds of hours—it felt like hundreds—of debate in the Commons that laid the groundwork that allowed the Lords to bring forward the amendments that the Minister is able to accept today? If that is how it has to be, then we did our job, but it is a shame that more amendments could not have been made in the Commons.
Mr Buckland
I agree that it would have been nice to have made some of the amendments in the Commons, but I understand that in the other place there is more time for deliberation and for votes, so the fact that we reached this stage in that way does not trouble me. We are in the right place and the legislation is now in good order. Let us not forget that the process that got us to this stage predates First Reading, because there was an extensive consultation process. A consultation paper was issued in 2011, followed by many months of proper consultation not only with education providers and the third sector, but with children and young people themselves, whose views have been brought to bear in large measure in the Bill.
Only this morning I visited one of the special schools in Swindon, the Uplands secondary school, where the Uplands Educational Trust was holding its annual general meeting. It is a new organisation that has been set up purely to start offering post-19 provision for young people who have gone through the school system and hit the cliff edge of transition, which is still a problem that bedevils parents, carers and young people in the education system and beyond. It is an admirable and excellent initiative that I fully support. I believe that such organisations will be the mainstay of enhancing and developing post-19 provision right up to the age of 25 and beyond for many young people with disabilities and special educational needs. Without the input of such organisations, I worry that the aspirations in the Bill for extending provision to those crucial years will not be met.
The message that came home loud and clear from parents and carers today was that although they warmly welcome the Bill, the implementation will be key. Once again I heard from many parents who find the transition period the most difficult one of all, despite the good intentions and the good work of local authorities, such as Swindon borough council. The message that they wished me to convey to the House is that in many cases, involving the parents and carers—the greatest experts when it comes to their children and young people—is vital to making transition work.
If we are to get that right, the code of practice that will be brought into force later this year, as set out in the Bill, will be crucial. I am glad that the code will be approved through the affirmative procedure in this House in its first iteration, with subsequent revisions made using the negative procedure, which should allow for frequent updating. The existing code has not been updated since 2001—hardly the embodiment of the living instrument that I and many others expect the code of practice to become. It is my sincere hope and fervent wish that the Government take on board the failure of that code to keep up to date with modern practice and to ensure that it truly is a living and adaptable instrument that reflects not only the aspirations of children and young people with special needs and disabilities, but the reality of experience on the ground. Implementation is everything.
Sarah Champion (Rotherham) (Lab)
I am glad that the hon. Gentleman is speaking about the very important issue of transition. I share his thoughts and concerns and thank him for raising it.
Mr Buckland
I am grateful to the hon. Lady. She and I have spoken about these issues in the past, and I know that she shares on behalf of her constituents the aspirations that I have for mine.
Other hon. Members have mentioned implementation, but it is important to reiterate the point. I stress the importance of the pilot scheme for the single point of redress as regards the appeals mechanism for parents who have met with a refusal or a decision that is not, in their view, in the interests of the child they look after. I argued long and hard with my hon. Friend the Minister for a streamlining of the system. My worry was that despite the proper attempt to bring health, education and social care together, the courts and tribunal system would still be fragmented in the sense of people having to launch and lodge appeals in different formats.
My hon. Friend has rightly placed great emphasis on mediation. I support the provisions that relate to the use of mediation for parents, because we do not want more of the adversarial combat that has bedevilled the fight that many families have had to undergo to obtain SEN provision. It is important that the pilot becomes a reality, that the intentions in the Bill are not left to lie gathering dust, and that there is a proper evaluation of the pilot so that, if it proves necessary, we can go down the road of having a single point of redress provided by the first-tier tribunal. That is important in making the system user-friendly, simple, streamlined and clear.
Some of the most important amendments deal with the extension of the duty on local authorities to identify not only children and young people with SEN but all children and young people with a disability. That is a hugely important concession that goes a long way towards satisfying the concerns of those of us who were worried about what happens to children and young people who are, for example, on school action or school action plus and would not be caught by the provisions. These amendments, which are replicated throughout the Bill, will make a huge difference to the lives of young people with a disability. They also give added impetus to the need for early identification of a health issue. Leaving these matters until full-time education is not good enough when there is so much more we can do during the early years and, indeed, the very early years to identify disability so that, way before the child gets to school, action is taken not only to diagnose the condition, whatever it may be, but to assist them and their family with its consequences.
I warmly welcome the whole-family approach that is now being taken in the context of carers. Together with other hon. Members, I supported amendments on young carers. I was very pleased that the recommendations about parent carers made by the Joint Committee on Human Rights, on which I serve, were also taken up in the other place. We now genuinely have a whole-family approach to the assessment of carers, and that is absolutely vital if we are really going to make a change on the ground.
My hon. Friend the Minister mentioned the position of young people in detention. The glaring deficiency in the Bill as originally drafted has now been amply dealt with by the very comprehensive amendments that were accepted in the other place. My friend Lord Ramsbotham deserves huge credit for the tireless work that he does on this and other matters. Particularly important is the fact that the disability of difficulty with speech and language communication will now be identified as a health issue at the earliest possible stage, and I think that will have hugely positive consequences for those young people affected.
I think we can say that this is a Bill of which we can be justly proud and that we will be able to look back on it in the same way we look back on the Education Act 1981, which first legislated on the SEN concepts with which we are now so familiar. That Act is now being succeeded by a Bill that takes on those concepts for a new generation and develops them in a humane, comprehensive and effective way. As I have said, however, if we do not get the implementation right on the ground, and if the local offers I expect to appear across the country are no more than mere signposting, we will have failed. To use a well-worn phrase, this is not the end or the beginning of the end, but it is the end of the beginning when it comes to judging the effectiveness of this historic Bill.
Ann Coffey (Stockport) (Lab)
I welcome the “staying put” Lords amendment 128, which means that a young person can stay with their foster carers until they are 21. The Fostering Network ran an excellent campaign, bringing to our attention the many examples of young people in care who may have experienced poor parental care and neglect, who often go into care for the first time in their early teens and who need more time and stability to prepare for adult life. It is good that they will now be able to stay—provided they wish to do so, of course—with foster parents who will see them through that transition to independence. That has been very much welcomed by foster carers in my constituency.
I also congratulate the Earl of Listowel on his determined efforts to persuade the Minister to change his mind after his initial rebuff to hon. Members. It was clear that the Minister had great sympathy with the proposal and it is to his credit that he was able to find the money to underpin it. I regret that Paul Goggins, who, sadly, died earlier this year and ran a tremendous campaign on the issue, is not here to enjoy its successful conclusion.
I want to raise an issue with regard to the draft guidance issued on 4 February to support the Bill’s Third Reading in the House of Lords. A paragraph on preparations for ceasing to be looked after states that
“local authorities should start discussions with the young person and foster carer regarding the option of staying put as early as possible, ideally before the young person reaches the age of 16.”
Another part of the guidance states that there is no minimum time the young person needs to have lived with their foster carer prior to turning 18. One of my slight concerns about the way in which the guidance is written is that it might be interpreted as only being a consideration in a long-standing foster placement, whereas the provision gives young people the option to stay put with foster parents, even if they have only been there for a few weeks. It is important that this is seen as an option for those vulnerable young people who may have left a children’s home aged 16 and were not able to cope in the accommodation they were then offered. Foster care would be a good option for some of those young people in order to help put them back on their feet.
Oral Answers to Questions
Robert Buckland Excerpts(10 years, 8 months ago)
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Vince Cable
I think I know the sorting office that the hon. Lady is talking about, because it is the one that serves my constituency. It was rebuilt and re-equipped three years ago, I believe, so it is wildly improbable that the Royal Mail will now want to sell it.
Mr Robert Buckland (South Swindon) (Con)
5. What steps he is taking to improve adults’ basic skills.
The Minister for Skills and Enterprise (Matthew Hancock)
It is our priority that all adults throughout England have the English and maths that they need to build successful careers and support their families. We have put English and maths at the heart of our schools reforms and fully fund basic English and maths courses for adults who lack those skills.
Mr Buckland
I am grateful to my hon. Friend. Will he join me in congratulating Swindon organisations such as Uplands Educational Trust and Enterprise Works that are providing training and support opportunities to adults with disabilities? What plans does he have to ensure that that provision can be enhanced and increased?
Matthew Hancock
I am delighted to hear about creative enterprises such as Enterprise Works and Uplands Educational Trust in Swindon. I know that for many people with disabilities, school or adult education is a rewarding experience that helps them gain life skills. My hon. Friend is a passionate and effective champion of that, and I look forward to talking to him in more detail about those enterprises and others to ensure that we support disabled people as much as possible.
Deaf Children and Young People
Robert Buckland Excerpts(10 years, 8 months ago)
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Mr Robert Buckland (South Swindon) (Con)
It is a great pleasure to follow the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), who, by talking about his own personal experiences of hearing loss, brings an extra dimension to the debate. We have encountered that time and again when contributions deal with local examples as well as national issues.
I believe it is important to focus on children and young people with the disability of hearing loss. As vice-chair of the all-party group on speech and language difficulties, I know that there are wider issues relating to the development of those services, but it is important to remember that we are talking today about a particular cohort—a cohort about which my right hon. Friend the Member for Gordon (Sir Malcolm Bruce) spoke so powerfully in his opening speech. I pay warm tribute to him for securing this debate. I was happy to support it as part of his bid to the Backbench Business Committee.
As has been rightly said, deafness is not a learning disability, but it can be a real barrier to learning for the thousands of children and young people who live with it every day. Let us not forget the families of those young people who are and should be involved in the planning of services.
What I thought was particularly interesting in the helpful briefing from the National Deaf Children’s Society was the issue of working out the numbers of children and young people with hearing loss. The estimate is over 45,000, but if we look at the official figures, the position becomes very confusing, to say the least. The school census records 16,000 children formally identified as having a hearing loss special educational need. The way that is categorised, however, can vary from school to school, so the figure is not reliable. There clearly needs to be far greater co-ordination of these numbers.
Some of the NDCS suggestions are worthy of consideration by the Minister—for example, whether schools and local authorities should be requested to record in the school census whether the child has a disability as well as a formally identified special educational need; and whether there is a better way of capturing whether a child has a sensory impairment by looking at the child’s unique health identifier or extending that to education and social care as well. That chimes very well with the education, health and care plan approach that is central to the welcome Children and Families Bill, currently proceeding in the other place. The Minister and I have enjoyed many debates in Committee on that and other issues, including on the strength and quality of the local offer that will form the heart of accountability for parents and children and young people with special educational needs. Clearly, more needs to be done properly to identify the need in the first place.
Let us look at a positive example of a local authority that is doing much to address some of the issues identified today. I refer to my own local authority of Swindon, which has two special resource provisions for primary and for secondary education. One commissioned body providing services is based at Red Oaks primary school, while the secondary provision is based at the Ridgeway school. I know that school very well from my days as a governor, and from my many visits to the special resource provision for hearing-impaired pupils. I pay warm tribute to the staff, pupils and parents who are involved in those two facilities, and also to the outreach work done by both facilities in the wider educational community in the borough. The budget in Swindon for special provision and outreach services is just over £900,000, which is spent on interventions that allow young people with hearing loss to integrate properly with others, and to have the opportunities that children who have hearing take for granted.
Over the last year, the local authority has been working with Isambard secondary and Red Oaks primary schools to plan for better British sign language provision at secondary level. With the help of the National Deaf Children’s Society—which provided a consultant for the local authority—and funds from the local schools forum, the steering group is now training two cohorts of school staff on a BSL level 1 course.
British sign language is proving very popular and successful in my area. It is being used not only by children with hearing difficulties, but by their peers who have hearing. What a great way of not just educating young people with hearing about the challenges faced by young people with hearing loss, but increasing the confidence of the latter and helping to ensure that they are, and are seen to be, equally valued by their peers. We hear a great deal about second languages. I am a Welshman, and Welsh is my second language: it was very much part of my upbringing. Why should BSL not be a second language for children with hearing?
The hearing support team in Swindon have an impressive and useful set of web-based support tools, which are being used regularly by schools and families in the area and are helping to improve educational outcomes. In the last year, £15,000 of additional funds have been provided for BSL training courses which are available not only to staff, but to family members and members of the wider community. What an excellent example of extending the reach of BSL.
Mr McCann
The concept of BSL as a second language is indeed a noble idea, but does the hon. Gentleman concede that we might as well ask for cars to run on water, given that deaf children—and profoundly deaf children in particular—are not being given the proper education in the classroom that is available to their hearing counterparts?
Mr Buckland
I hear what the hon. Gentleman says, but I am trying to make the point that there are good local examples of integration which enables children and young people with hearing loss to gain access to the mainstream rather than being isolated. I think that the widespread use of BSL is a very good way of ensuring that they are valued, that their confidence increases, and that they become very much part of the mainstream. However, it does not stop there.
We have heard a little about radio and video-aided systems. The borough of Swindon is providing £20,000 for an extra 20 such systems, which will improve curriculum access from pre-school to key stage 4. I am particularly impressed by the work of a local partnership, the children and young people’s hearing services group. It contains not only professionals from education, health and social services but members of the voluntary sector, and it is led by parents. When organisations are led by parents and service users, services, rather than being developed in a way that is remote from users, are much more focused on the needs of users and their families. Moreover, keeping provision local is good for local authorities, for which out-of-borough provision can be significantly more costly. That is a good local example of money being spent wisely, in a way that helps to integrate services and maximises the advantages for young people with hearing loss.
There is much that I could say about the progress of the Bill. My hon. Friend the Minister and I continue to engage in a dialogue about the need to ensure that, when necessary, parents and families of young people with hearing loss and other special needs have a clear point of redress rather than ending up in a convoluted, labyrinthine system of appeal. I know that he is listening very carefully to those observations, and I hope that when the Bill comes back to this place both the Bill and the code of practice, which has already been improved from its original draft, will be truly a fresh start and a new dawn for children with hearing loss.