Special Educational Needs and Children’s Mental Health Services

Debate between Robert Buckland and Aaron Bell

Wednesday 9th February 2022 Westminster Hall

[Aaron Bell (Newcastle-under-Lyme) (Con)]

It is a pleasure to serve under your chairmanship, Ms Fovargue, and a real pleasure to follow the hon. Member for Sheffield, Hallam (Olivia Blake), who made a powerful speech. Sharing her personal experience in this place is a brave thing to do. It has informed our debate, and I am sure that the Minister will refer to that when she sums up.

I congratulate my hon. Friend the Member for Newbury (Laura Farris) on securing the debate. Like her, I have been contacted by so many distressed parents of children with special educational needs. Their experiences of trying to get support for their children are summed up in exactly the word she used: a battle—it is really a battle. EHCPs are the entry ticket to specialist support, but the whole application and appeal processes seem designed to be difficult and time-consuming. As my hon. Friend said, too many times people have to repeat things that they have already said again and again. We must ensure that we have a tell-it-once approach to such things, however long the waiting list might be—she spoke movingly about that as well.

My constituent Samantha King’s four-year-old, for example, was receiving one-to-one nursery support in Wales before they moved to Newcastle-under-Lyme. She supplied extensive documentary evidence of the child’s need when they moved, yet she described having her child’s application refused on the basis that she had not included the reports that she had in fact submitted. That is all too common—things get lost and people have to fill in almost exactly the same form again or for another authority. It is extremely tedious and it breaks people down, and that is why this is such a battle.

Parents then find that they have to appeal to SENDIST, the special educational needs and disability tribunal, as the main route to access an EHCP. We need to analyse the proportion of successful appeals. If local authorities are turning down applications that are successful on appeal, those at the top of that league table need to think about why that is the case. They need to consider applications more carefully in the first place.

Even when someone gets an EHCP, the battle continues. Parents in my constituency report annual reviews not taking place, or the plans not being updated for months following review, severely impacting on a child’s progress through education. A lot of things go wrong in the transitions between stages of education or into work.

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

I am grateful to my hon. Friend for mentioning transition, because it is there that a condition such as autism or ADHD can turn into a mental health condition. Does he agree that one of the key issues for the Government to consider is the training and availability of clinicians? Funding is now much better than it was, but we still do not have the trained clinicians who could cut through the waiting lists, which are causing so much frustration to far too many families.

[Aaron Bell]

My right hon. and learned Friend is absolutely correct about the availability of clinicians. His intervention also speaks to the point made by the hon. Member for Sheffield, Hallam that if these conditions are not treated at school, they can lead to severely negative mental health outcomes later in life.

My constituent Mr Winkle has fought for many years to obtain suitable educational and therapeutic support for his son. Following a tribunal decision last month, he was sent a revised EHCP that still contained a number of inaccuracies, including out-of-date details about his son’s residential placement. I want to talk a little about residential placements, which have not been raised much so far, because the lack of suitable placements causes distress to many families.

One constituent described how the 14-year-old in her care only receives an hour’s at-home tuition a day, because a suitable therapeutic placement with a small and consistent staff team cannot be found. Alternatively, children are given residential educational provision that is unsuitable, which can cause them to regress and even, in one case, to self-harm.

Another common complaint is that social workers change too regularly, so the social worker does not truly know the child. Parents may not be told who the new social worker is and many have described the difficulty they experience when trying to get in touch with professionals, as telephone calls are not returned.

Despite parents being the ones with the most knowledge of the child or young person they are caring for, they struggle to be heard. Should they then complain, they describe encountering a complaints process that is frankly not fit for purpose: timescales are not followed; complaints sometimes seem to be ignored completely; and it is only possible to complain to the ombudsman with a final response, but that often never seems to arrive, and even when they do complain, it will take months for the ombudsman to reply. Furthermore, adults involved in the care of children can become fearful of complaining, in case there are reprisals in the form of their contact with the child being blocked.

Added to that is the struggle to obtain adequate mental health treatment. One constituent of mine was told that the priority waiting list for CAMHS—not the list to which my hon. Friend the Member for Newbury was referring earlier—is 11 months in Staffordshire. That is the priority list. Only this week, a constituent described how she is desperate for respite provision, having accepted a child back into her care on the basis that the local authority would support her.

The local authority has been good at keeping in touch, but its hands have been tied by what it says is a lack of resources. As well as struggling to find an educational placement for the young person, it has only just found an agency to take him on outings twice a week. After five and a half months of caring 24/7, my constituent is exhausted and in the terrible position of considering having to say that she can no longer look after the young man. She has been let down by a breach of implied trust—the local authority told her that it would support her, but it has not been able to.

As Members of Parliament, we inevitably hear the failures, rather than the success stories, but I welcome any support that can be given to improve the experience of so many. As my constituent Mr Winkle said:

“In this journey I have communicated with many regulatory bodies each claiming to have the child’s interests wishes and safety at the forefront of their agenda...but as I have experienced this is certainly not so...my assumption is that it’s a closed circle and these entities do not know how to facilitate or co-ordinate any kind of solution and just want it to ‘Go Away’.”

I am sure that is not the full truth of it, but that is the experience that people are having out there.

I welcome the imminent Green Paper and the additional funding, but too many people have been failed for far too long. I hope the Minister will be able to address that when she responds.

Sentencing White Paper

Debate between Robert Buckland and Aaron Bell

Wednesday 16th September 2020 Commons Chamber

[Aaron Bell (Newcastle-under-Lyme) (Con)]

I congratulate the Lord Chancellor on this White Paper. The tougher measures within are certainly welcomed by me and will be welcomed by my constituents in Newcastle-under-Lyme, but I also welcome the smarter approach to sentencing. The British people expect the most serious offenders still to face the full force of the law, even if they are under 18, so will he confirm that the White Paper recognises that and will not only change the release point for young offenders committing the most serious offences, but close the gap between sentences for murder for older teenagers—15, 16 and 17-year-olds—and young adults? The gap is significant at the moment, and that needs to change.

[Robert Buckland]

My hon. Friend is absolutely right to highlight the difficulty caused by having a generic starting point for all young offenders, irrespective of age and maturity. It is far better to have a sliding scale that allows the courts, using their discretion, to reflect the differing maturities and age ranges of the serious offenders before them. Although the welfare of young people has to be our primary concern, he is right that when it comes to the most serious offences, we cannot, I am afraid, stint from our duty to protect the public and to ensure that the punishment fits the crime.