Robin Walker
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Mr Robin Walker (Worcester) (Con)
Thank you, Mr Deputy Speaker. I am grateful to colleagues on the Liaison Committee and the Backbench Business Committee for supporting my application for the debate and giving it the prominent position that it has today. I thank all those who supported the application. I note that it is an unusual subject that brings together the right hon. Member for Hayes and Harlington (John McDonnell), my right hon. Friend the Member for Haltemprice and Howden (Sir David Davis), and the hon. Members for Twickenham (Munira Wilson) and for Strangford (Jim Shannon). Not all of them can be here today, but I know that each has passionately supported the case for more and better targeted investment to support children with special needs. I warmly welcome the hon. Member for Wellingborough (Gen Kitchen) to the Chamber. It is greatly to her credit that she has chosen to make her maiden speech on this subject; I look forward to hearing it.
There have been many debates on the importance of special educational needs and disabilities in the House over the past few years, so this is not new ground, and I make no apology for that. There have been Green Papers, a Command Paper, and the excellent Backbench Business debate under the auspices of my right hon. Friend the Member for Haltemprice and Howden, which was so well subscribed. It is no surprise to me that today’s debate is similarly well supported across the Chamber. I do not intend to repeat all the arguments from the previous debate, in which 30 Members spoke. I hope that the Minister will take them all as read in his response.
In my casework as MP for Worcester, and in the evidence that I have seen as Chair of the Education Committee, there is a consistent trend of schools at every phase and of every variety struggling to meet the rising level of SEND, of families struggling to get the needs of their children properly met and supported, and of children with SEN too often being home educated, not as a result of genuine elective home education but as a result of their parents feeling that there is no other way in which their needs can be supported. We have heard this at the Education Committee described as “non-elective home education”.
Mr Toby Perkins (Chesterfield) (Lab)
The hon. Member has secured a really important debate. One big problem that comes across strongly in Derbyshire is the lack of capacity within the local authority to do the assessment. Many schools are supporting parents and their special needs children, but are unable to get assessment for months or even years. How big an issue does he think that local authority resources are in all this?
Mr Walker
The hon. Gentleman is right: that is definitely part of the challenge. I will try to come back to that later in my speech. The briefing that the Local Government Association has provided for the debate is very helpful in drawing attention to that. In the previous Backbench Business debate, Members from both sides of the House highlighted the need for earlier identification of need, and all the different organisations across local authorities, health and education that need resource and support to deliver that.
Matt Hancock (West Suffolk) (Ind)
The need for early identification is incredibly strong. There has been some progress towards it, and I congratulate the Minister for the strides that he has been able to make, but we cannot have a genuinely universal education system unless we have universal early identification of special needs, so will my hon. Friend welcome the fact that I have secured the opportunity to reintroduce my Dyslexia Screening and Teacher Training Bill, as a ten-minute rule Bill, on 23 April?
Mr Walker
I congratulate my right hon. Friend on securing that opportunity, and for all the progress that he has made in drawing attention to the needs of dyslexic children and identifying those needs early. He is right that we need to look at how we better support universal identification of need at an earlier stage. He will recognise that some conditions only show themselves over time, so it is important that there are the right interventions at every level to identify those needs and ensure they are properly met.
When we debate children missing school, as we often have in recent years, we often find it difficult to tell which are doing so because of unmet need. The work of the Children’s Commissioner, among many others, has highlighted that that is a major cause. When we debate rising levels of home education without the benefit of a much-needed statutory register, which the Government have now pledged to support, we find it impossible to tell how many of the rising number of cases are genuinely elective. My hon. Friend the Member for Meon Valley (Mrs Drummond) is sponsor of a Bill that seeks to address the issue, and I hope the whole House will support its Second Reading tomorrow. I welcome the fact that Opposition Front Benchers have already done so and I believe that the Government have as well.
Both those factors, as highlighted in the Education Committee’s report on persistent absence, point to the need for urgent action on SEND. The Government’s own Command Paper is also clear on that point. In fact, in preparing for this debate, I was struck by recent comments made by the Secretary of State at the Association of School and College Leaders conference:
“The massive demand, of more and more children diagnosed or even not diagnosed but have special educational needs, that’s something that I don’t think we’ve got the right system in place. If you look at special education needs, we haven’t built enough special educational needs places or schools. We have councils under pressure because families can’t get the right support that they need”—
a succinct summary of the nature of the challenge, which colleagues across the House will recognise all too well.
In that context, we need to consider the departmental estimates of the Department for Education, the £57.8 billion rising to £58.5 billion for the core schools budget, and the £82 billion rising to more than £100 billion overall in the supplementary estimate, as well as the £6.3 billion capital budget. Although it would be easy for a Government Member to point to those big numbers and trumpet what are without doubt record sums in cash terms for revenue funding, they do not tell the whole story.
The excellent House of Commons Library briefing prepared for this debate confirms both cash and real-terms growth in spending on high needs since 2015, as well as a faster trajectory of increasing need as identified by education, health and care plans. Within those numbers, it is to the credit of Ministers in this Government that the amount spent on high-needs funding has doubled in the past 10 years and has increased by more than 60% since 2019. That shows some recognition of the importance of investing in this space.
But it is also clear, as we debated on the F40—Campaign for Fairer Funding in Education—motion a few weeks ago, that revenue funding has not been sufficient to meet demand. Over the same period, the growth of EHCPs alone has more than doubled. The level of need demonstrated not only by the number rising from 240,000 nine years ago to more than 500,000 today, but by the complexity of conditions and the demand for specialist places to support highly complex pupils, has grown even faster. I am told that 180 children per day are being identified as having special educational needs.
For every child with an EHCP, as the hon. Member for Chesterfield (Mr Perkins) pointed out, many more are awaiting assessment or have their needs already met in public or independent schools without the need for an EHCP. Nevertheless, those children also need support. I do not intend to rehearse all the arguments for the early identification of support need, but that is a vital part of the argument.
Also to the credit of Ministers is the greater recognition in recent years of the need for more capital investment in SEND places. Even in the most recent Budget, the main capital commitment for school-age education was a further £105 million for 15 SEN free schools, delivering up to 2,000 specialist places across the country. I welcome that, but I observe that the calculation that just over £100 million can deliver 15 whole new special schools seems a challenging one. That gives a cost of £52,000 per place, compared with more than £86,666 per place in the calculations that the Government made only three years ago—before the impact of three years of high inflation for building costs.
Rehman Chishti (Gillingham and Rainham) (Con)
I thank my hon. Friend for giving way and for all he does on the Education Committee. In my constituency surgeries, I, like many Members of Parliament, see parents in real pain. They want the best for their child, and they are waiting for one to two years to get a plan so that their healthcare and education needs can be met. My hon. Friend asked about the allocation of the £105 million in the Budget. Can he clarify his understanding of how the Government will allocate that across the country? I need an allocation for my constituents in Gillingham and Rainham, who urgently need it. All Members want to know whether that will be done on a fair basis.
Mr Walker
I congratulate my hon. Friend for making the case for his constituents. The question he asks is one for those on the Front Bench, and I hope the Minister can further clarify the process of allocating those resources.
At the last spending review in 2021, the Department secured £2.6 billion over the review period for a mixture of new specialist settings, expansions of existing ones and delivery of bases in mainstream schools. In total, that was designed to deliver 30,000 new school places. Will the Minister, in his reply, update the House on progress on spending that substantial capital investment? Can he update the House, too, on the total number of specialist places already delivered? Will he explain how deliverable the Government have found this programme, at a cost of about £86,666 per place, and the rationale for the Budget announcement being so much cheaper?
Harriett Baldwin (West Worcestershire) (Con)
I thank my hon. Friend for his exceptional work in this area. He shares my passion for the new Malvern-based autism free school, which will benefit children across Worcestershire and more widely. Can he update the House on how he sees progress on delivering the new free school?
Mr Walker
I am grateful to my right hon. Friend for her intervention and for her campaigning to secure those vitally needed places in south Worcestershire, which I hope will benefit my constituents as well as hers. I want to more places delivered for autistic students in Worcestershire as swiftly as possible. That is being done through a combination of the provision that she has rightly championed and campaigned for, a new base in my constituency in a mainstream school—which the county council is commissioning—and the provision recently created for an AP, or alternate provision, school in the north of the county. There is some welcome progress there, but as I will touch on later, I do not feel that it is quite enough to meet need.
Back on that £2.6 billion, I have some concerns about the progress of that much needed capital investment. Careful examination of the supplementary estimates for the Department reveals a £300 million transfer from the capital to the revenue budget. I ask for reassurance that none of that has come out of the £2.6 billion originally targeted for investment in SEND. If any has, will the Minister tell us how much? Can he provide figures for how many places have been commissioned in each of the three categories set out in the 2021 spending review and how many more are in the pipeline?
From long experience and from my work on the Select Committee, I know that the DFE has routinely underspent its allocated capital, but at a time when the need for SEND placements is so high and we have the urgent challenge of RAAC—reinforced autoclaved aerated concrete—affecting many mainstream and specialist schools, I hope that the Department is protecting the precious investment that Ministers, including me and my hon. Friend the Member for Colchester (Will Quince), fought so hard to secure.
Mary Robinson (Cheadle) (Con)
I am grateful for my hon. Friend securing this debate and for his work on the subject. In Cheadle, we are welcoming a new £70 million SEND provision being opened at the end of this year, in September; 133 places will be provided there. Teachers and headteachers I have talked to are telling me that in their establishments and schools, they want more resource-based provision, which might involve capital investment. Going along with that as well, we have the problems mentioned earlier in securing the education, health and care plan. Does my hon. Friend agree that all those issues need to be addressed if we are to get the right future for our children?
Mr Walker
Yes, is the short answer. My hon. Friend sums up some of the challenges neatly.
I come to some of the recommendations of the Select Committee before touching in a little more detail on the local picture in my part of the world. During my time as Chair and under my predecessor, now the Minister for Skills, the Education Committee has held a number of sessions on SEND and the implementation of the 2014 reforms. In 2019, before my time, the Committee concluded that the reforms of 2014 “were the right ones” in principle, but that implementation had “been badly hampered”, notably by administration and funding, which at that time it called “wholly inadequate”.
The Committee also called for a more rigorous framework for local authorities; a direct line of appeal for parents and schools to the Department for Education; powers for the local government and social care ombudsman to investigate school complaints; and development of more employment and training opportunities post 16 for people with SEND. The Government pointed to their Green Paper and towards the Command Paper that was finally published two years later in response, but only the first and last of those recommendations have been fully addressed.
More recently, under the chairmanship of my right hon. Friend who is now the Minister for Skills, and his predecessor, the Committee held sessions and published correspondence in which SEND funding, and delays in processing it, have repeatedly been raised. I am grateful for correspondence in which Ministers have unequivocally confirmed that there is no push from the Government to ration or limit EHCP numbers, but I note that in his letter of October last year, the Minister on the Front Bench stated that
“in-year funding delays occur due to insufficient planning from local authorities”.
Will he update the House on what steps he is taking to address that and to ensure that every local authority has the resource and support it needs to plan properly in this space?
The vast majority of local authorities have high-needs deficits, which have been growing rather than shrinking in recent years. I have no doubt that my hon. Friend will talk about the valuable work that the Department supports through the safety valve and “Delivering Better Value” programmes, but the fact that those programmes are constantly growing, as is the cumulative deficit of local authorities, surely makes the case for more funding. At some stage, we have to acknowledge that producing ever more help to manage the level of deficits is not a sustainable solution, and that investment is required to clear or remove them. The high needs deficits are now compounded by the fact that the same local authorities have rapidly growing deficits in children’s social care and transport, limiting their potential to cross-subsidise.
The Government promised to introduce in their SEND and AP improvement plan a new national framework of banding and price tariffs for high needs funding, and more details were to follow later in 2023. I am not aware that that has been published, but my local specialist schools tell me that, although the total level of high needs funding has seen much-needed increases, and underlying per pupil funding has risen in real terms, the banding for specific conditions has not had an inflationary increase for over a decade. Given the rising costs of employing teaching assistants to support complex needs, surely that needs to be reviewed.
At every level of education, my Committee has made recommendations about SEND and encouraged the Department to do more to support SEND children and our families. In our childcare report, we recommended that the Government amend the early years foundation stage framework to ensure that more staff involved in a child’s care receive mandatory training in identifying and manging types of SEND. The Government rejected that proposal but stated that newly revised criteria for level 3 early years educator qualifications, alongside level 2 criteria, now include standalone criteria on SEND identification and practice. They also made welcome announcements about support for early years special educational needs co-ordinators, and partially accepted our recommendation to expand family hubs—although, to be clear, I believe that they can and should go further.
Absence rates are significantly higher for pupils with SEND. In our report on persistent absence, the Committee recommended that the Government prioritise resources for early identification of need, inclusion and assessment in mainstream schools to ensure that they can adequately support pupils with SEND. We recommended making attendance in specialist schools a key metric of success, recognising both the support that having children in such settings provides families and the developmental benefits to the child. The Committee also recommended that the Government ensure that pupils with SEND are placed in alternative provision only for a limited time and as a way of addressing issues affecting their attendance in mainstream schools. The DFE should discourage its use as a way of managing behaviour.
The Department for Education said in its response that it is working with 32 local authorities and testing approaches in schools to improving early identification of SEND-related conditions. Additionally, it is piloting early language support for every child, jointly funded by NHS England, to have speech and language professionals based in early years primary schools to spot early delays in development and take swift appropriate action. Pilots are great, but we need that support everywhere in the country.
For our recent report on Ofsted’s work with schools, we heard that lack of expertise among inspectors was seen by specialist schools as a particular problem. The report recommended that Ofsted ensure that the lead inspector always has expertise relevant to the type of school, and that a majority of members of larger teams have the relevant expertise. We recommended that factors, such as the number of students from disadvantaged groups and those with SEND, should be clearly described and visible in the final Ofsted report. We hope that that will be reiterated both to the new chief inspector, through his “Big Listen” consultation, which was launched last week, and to the Government.
Evidence to our careers inquiry suggested that pupils with SEND were not receiving adequate careers advice and guidance, and highlighted that they face additional barriers and need extra support to access the same level of careers education and opportunities as their peers. The Committee recommended that the Department set out the steps that it intends to take to ensure that all SENCOs are fully trained and working with career leaders or with a school or college.
The Committee has welcomed the increased focus on supported internships and apprenticeships targeted at SEND pupils, but as we highlighted in our post-16 qualifications report, too many SEND pupils are being held back by the focus on GCSE grade 4 for English and maths as a gateway to progression. We have also agreed in principle to look into the Government’s changes to disabled students’ allowance to ensure that the consolidation of that system does not lead to a reduction in opportunities for SEND students to progress into and sustain higher education. That matters because we know that pupils with special educational needs are a rising proportion of the school population. Their life chances matter just as much a everyone else’s, and their parents’ ability to work, support them and live a full life depends on their receiving the right support through childhood, in school and into early adulthood.
Tom Hunt (Ipswich) (Con)
This is not just the morally right and good thing to do for the individuals in question and their families, but it is massively good for wider society because it unlocks the potential of neurodivergent individuals, who are among the most creative and gifted people in the country. Does my hon. Friend agree?
Mr Walker
My hon. Friend puts it perfectly, and I wholeheartedly agree with him.
The logic behind the Government’s welcome increase in investment in childcare, which I have strongly supported, applies just as much, if not more, when it comes to supporting children with SEND. If we get this right, there are benefits for the life chances of the individual and of the family who support them.
Mr Walker
I will not give way because I need to make progress.
I have lost count of the number of highly educated parents who have felt that they needed to give up work to support their children. An increase in the departmental estimate to support SEND children would repay itself in the future earnings of their parents and would help the Government to meet their worthy aspiration of halving the disability employment gap and ensuring that work pays for future generations.
I should acknowledge some welcome local progress. In Worcestershire, two new specialist settings for children with autism have opened in the past few years: the one mentioned by my hon. Friend the Member for West Worcestershire (Harriett Baldwin), and one in the constituency of my hon. Friend the Member for Wyre Forest (Mark Garnier). The county council is in the process of commissioning a new secondary school with a specialist autism base in Worcester. We have seen expansions in the number of pupils supported at both Regency High School and Fort Royal Community Primary School in Worcester, and we have seen improvements in the opening of new settings in alternative provision. An exciting partnership between Heart of Worcestershire College and the National Star college in Cheltenham promises better local progression opportunities for further education students with SEND. Our university prides itself on being one of the most inclusive in the country.
The demand on all our settings is rising insatiably. Fort Royal in particular has seen a huge increase in severity among the population of pupils it serves. That has led the school to seek agreement with the county council to reduce its intake so that it can ensure that pupils with highly complex needs are properly and safely supported. The principal of the school has recently written to local politicians to highlight that and the risk of local needs not being met by 2030. Will the Minister look at that correspondence and consider carefully the need for small specialist provision in Worcestershire, particularly at primary level? I have over many years made the case to move Fort Royal Community Primary School—a brilliant school on a highly constrained site—to a location where it could grow and expand.
I also want to raise the concerns of respite settings such as New Hope Worcester, which provides vital support to SEND families during the holiday. New Hope has seen a reduction in the number of places that it is commissioned to provide. Parents from that setting have raised with me their concern that more support is urgently needed for respite care, which helps to ensure that their children can engage in specialist education and avoids the far greater cost of children being taken into homes. Although that support comes from the budget of the Department for Levelling Up, Housing and Communities rather than the DFE, we need to acknowledge the importance of cross-departmental working to better support need.
The Local Government Association’s helpful briefing for this debate, which I have touched on already, majors on that issue and makes a number of constructive recommendations. It calls for a cross-Government strategy for children and young people, arguing that DLUHC should co-ordinate capacity issues impacting on children’s social care, SEND and the early years. The LGA wants councils to have the powers to lead local SEND systems, and hold health and education partners to account for their work supporting SEND children and young people.
The LGA calls on the Government to use the SEND improvement plan to recognise the vital interconnection between SEN and mental health. Children and young people with learning difficulties are over four times more likely than average to develop a mental health problem. That means that one in seven of all children and young people with mental health difficulties in the UK will also have a learning disability. The report points out that good-quality early years provision can generate sustained and significant improvements in children’s outcomes, reducing disparities in later life, but neither councils nor early years providers feel that they have sufficient funding, resources and tools to properly support children with SEND and their families.
This morning, I attended the excellent briefing by the Children’s Services Development Group on the launch of its “Hopeful Horizons” report. Among the key recommendations of that report are urgent clarity on the banding and tariffs arising from the new national standards, and speeding up the building and registration of new services. The group pointed out that independent specialist advisers have a wealth of knowledge and want to work closely with the Government to make the process a success.
It is good to see the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) in her place. I look forward to hearing her proposals for ensuring that any future Labour Government address SEND funding and provision better than they have in the past. I expect her to point to her party’s flagship policy of imposing VAT on independent schools as part of the solution for providing the resource to meet needs. However, having heard many of the uses to which Labour wants to put that theoretical money, I am at a loss to see how any of it would provide the revenue or capital needed to better support SEND children.
In fact, in our last debate on this issue, in which no Labour Back Benchers spoke, we heard from the hon. Lady’s colleague that Labour does not plan to exempt specialist settings from its tax grab—only pupils in independent settings with an EHCP. I profoundly believe that that is a policy mistake that Labour would come to regret if it ever carried it out. Many pupils with SEND are supported either by their families or by local authorities in independent provision, including many highly specialised schools, and a small proportion of those pupils currently have EHCPs.
The decision to make that, and solely that, the gateway for avoiding a 20% increase in costs would create enormous and immediate demand for EHCPs, which local authorities and health structures are already struggling to provide in a timely manner. It could result in many pupils with SEND leaving, or being taken out of, settings that are currently meeting their needs and then seeking EHCPs in order to access settings that might. I do not believe that Labour has thought this policy through, or that it has factored into its calculations that £86,000 per place for public provision.
The DFE estimates show rising spend on public education and schools and, within that, a rising level of investment in high needs. All of that is welcome, but not sufficient. In 2014, this House legislated to better support the needs of SEND children, and as the Government themselves have acknowledged, the potential of that legislation has not yet been realised. I hope Front Benchers of whatever colour will reflect on the need for future estimates to better support this vital and worthy cause.
In conclusion, I will support the departmental estimates, because they provide record levels of funding for education in general and SEND in particular, but I believe there is a strong case for increasing both capital and revenue investment in the latter.
Matt Hancock
That is absolutely right, and this issue unites colleagues from across the House. The Bill I will bring forward next month has cross-party support, and I urge the hon. Member to add her name to it. It has support from my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) all the way through to the right hon. Member for Hayes and Harlington (John McDonnell), and it is not often that they sign the same piece of paper. If she will add her name to it, that would create a triangle of support across this House, which I would really welcome.
As the hon. Member said—in fact, she anticipated my very next point—the Ministry of Justice reports that 42% of incarcerated individuals had experienced exclusion from school, and we know that just over half of those in the male prison population have a primary school reading age. Addressing neurodiversity, identifying it early, ensuring there is the right support, and therefore reducing illiteracy and getting in support for the behavioural consequences of neurodivergent conditions will lead to fewer people in prison. It will also make sure that those who end up in prison, having been missed by the education system, get this support, and that will help to reduce reoffending. I am glad to say that the Lord Chancellor is on this and is making progress, and the Health Secretary made a huge amount of progress when she was prisons Minister, but there is much more to do.
Here is one concrete example of a new policy that I would propose, which I put to the Minister. The Ministry of Justice is currently rolling out digital profiles of prisoners, outlining their screening data and educational enrolments that are assessed on entry to prison, and ensuring that that data follows prisoners as they move from prison to prison. It is a very good initiative that was started under the previous Lord Chancellor and is being rolled out now. However, in the school system there is no automated data flow from primary to secondary school. Often, there are assessments early in secondary school, and that is good, but if there is screening data or an assessment of individual child need, there is no automated way for such data, with the richness of the data that can now be available, to be passed through to secondary school. Essentially, each child starts from a blank canvas, and it all has to be reassessed.
We need an accurate assessment of where a child is up to at the start of secondary school, but understanding their history as well would be valuable, so I ask the Minister to look at what the MOJ has done on data transfer—in its case, normally from initial prison to the longer-stay prison—for use in the transition from primary to secondary school.
Mr Robin Walker
It strikes me that my right hon. Friend’s suggestion about passporting information from primary has much wider applications. Something I have often observed in my work on the Education Committee is that there are problems when, for instance, primary schools build up a pupil’s ability in one language and then the pupil transfers to a secondary school that teaches a completely different one. Some form of passporting of data from primary to secondary through a pupil passport, not only for special educational needs but for learning, would be extremely useful in managing such transitions.
Matt Hancock
Yes, I am absolutely certain that this approach to data is more widely applicable. My focus is on this specific area, but there is now a richness of data on individual children that simply was not available 10 years ago or even five years ago, and I think that such passporting of data would be invaluable.
I agree with everything the Chair of the Select Committee said on the question of funding, so I will not repeat it. He has been the leader of the f40 campaign for many years. Suffolk is underfunded, as is Worcestershire, so I put in my plug, but I do not need to add any more details. The Minister knows them for sure.
I will close by saying that I appreciate the engagement the Minister has shown on this subject, and I look forward to meeting him in private in the next couple of weeks to continue this discussion. However, I would urge him to support early identification not just as a matter of social justice, not just as a matter of progress for each individual child and not just to ensure that each child can reach their potential, but, since this is an estimates day debate, because we will then spend taxpayers’ money on education more wisely and we will get better educational outcomes as a result.
Mr Robin Walker
We have had an excellent debate. We have heard from Members in all parts of the House about the importance of continuing to increase investment in special educational needs across both capital and revenue.
I warmly congratulate the hon. Member for Wellingborough (Gen Kitchen) on a fantastic maiden speech. I was very impressed to hear about her ancestor who was a chaplain in the great war. We had a famous one in Worcester, Woodbine Willie, who went on to become a great Christian socialist. I am sure that the hon. Lady will make a big contribution on education issues, and I invite her to join us on the Education Committee, where I hope she will be able to contribute further.
We have heard brilliant speeches from Members on both sides of the House, and although I do not have enough time to talk about all of them, I congratulate them on the case that they have made for their constituents. I recognise that the Minister has done some very important work and that and he takes the issue seriously. I say to him, “Keep it up, and help us to help you make the case to the Treasury to ensure that these estimates continue to increase.”
Question deferred (Standing Order No. 54).