Education, Health and Care Plans

Rupa Huq Excerpts

Wednesday 22nd January 2025 Westminster Hall

[Marie Goldman]

Of course, I would be delighted to work with the hon. Lady on that sort of issue. I was also at that APPG on SEND meeting, although I could not stay for the whole thing. I am glad she raised it, because at that APPG meeting, an example was given to us of a child who had situational mutism. The intervention they received early on meant that they were able to progress and achieve their full potential, which I thought was fabulous. Unfortunately, I have an example of exactly the opposite in my constituency, where a child with selective mutism did not receive that support and is now not in school at all. The importance of that support cannot be overstated.

We could talk a lot about why there has been an increase in EHCP applications, about covid and its impact, about the lack of socialisation and what that has led to and about the lack of early intervention. Maybe some parents are asking for EHCPs because it is the only way to get the support that might ordinarily have been available if schools were not feeling the pressure so much. Ultimately, this is a systemic failure, and I want to move on to some solutions.

We need to do this quickly—remember, every single day that children grow up without that support is another day they are suffering. Other than root and branch reform, we need better communication between schools and colleges, between local authorities and parents, and between schools and parents. The list could go on, but I remind everybody that communication is two-way. It is not just the local authority sending out a briefing pack—that is not good enough. We need them to listen, and we need the Government to listen.

We need more training. We need qualified and experienced people working with children. A qualified and experienced SEND professional told me:

“People like me, who are trained to work with SEND children and adults, often find there is no structured role for us within councils or government systems to support schools, families, or nurseries effectively.”

We need to do more about that. There are people who are willing to work and have amazing experience in the system, so let us help them get the qualifications to be able to help parents and young people. One SENCO said that SENCOS need more career path options. Could we have an option, for example, to fast-track some training? Could there be some kind of associate ed psych qualification? I do not know, but maybe that could be looked at. We need to make it easier for parents to understand what is going on.

Returning to the issue of tribunals, when local authorities are losing 99% of cases, something is seriously wrong. I wonder whether some of those delays, where the local authorities are deciding to take parents all the way through to tribunal, are—to be very cynical—a way to avoid having to pay the costs of providing the support to the children during that time.

I welcome the Education Committee’s inquiry on solving the SEND crisis and advertise to everybody that the deadline to contribute is 30 January. I say to the Minister that, at the risk of repeating myself, we really do need some action now. I urge the Government to work on what steps they can take now to make children’s lives better because, at the end of the day, this is about supporting children’s futures. I look forward to hearing from colleagues across the House and thank them for taking part in this incredibly important debate.

[Dr Rupa Huq (in the Chair)]

We are going to work out the time limit for everyone, because 34 names were submitted to speak, but I think there may be even more Members in this room now. The Clerk has done the calculation and it is 75 seconds each—one minute 15 seconds. We will start, as a model of brevity, with the Chair of the Education Committee.

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[Jessica Toale (Bournemouth West) (Lab)]

It is a pleasure to serve under your chairmanship, Dr Huq. I thank the hon. Member for Chelmsford (Marie Goldman) for bringing this important debate.

Like many, I have spent considerable time with leaders of local schools and parents who have told frankly harrowing stories about children’s needs not met and resources at breaking point. In my constituency, 23% of children have special educational needs. Although the council has made great strides to get children on to the EHCPs they need, at one stage 88% were waiting more than 20 weeks.

I want to bring up two things that parents have brought to me. Even once they get the EHCPs in place, they are poorly constructed. One parent said that they are not worth the paper they are written on. Parents are told that there are no resources to deliver the support that their children need. One parent was told she needed £25,000 a year of one-to-one support for her child but was offered only £6,000 a year by the council. They lack planning and the follow-up that parents need to deliver the support in their local schools. A second significant feature is the impact on the educational outcomes and mental health of the children who are not receiving the support that they need.

As we have heard from other hon. Members, several have attempted suicide. In almost every case we have had, the children have ended up referred to child and adolescent mental health services, with serious mental health issues. School absenteeism is increasing, with long-term knock-on effects. As a result, parents feel punished for a system, when they really just want the best for their children and feel they have to fight all the time. I welcome the Government’s focus—

[Dr Rupa Huq (in the Chair)]

Order. I call Charlotte Cane.

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[Several hon. Members rose—]

[Dr Rupa Huq (in the Chair)]

Order. I remind hon. Members to bob if they wish to speak so that I can work out exactly how long they have.

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[Jack Abbott (Ipswich) (Lab/Co-op)]

Thank you, Dr Huq, for your excellent chairship, which has allowed everybody to contribute.

This is a national issue, but SEND services in Ipswich and Suffolk have been in a desperate state for more than a decade. Like everywhere else, we need specialist places and specialist professionals. We welcome the massive boost in funding provided by the Government.

However, as hon. Members from across the room have said, culture and accountability are crucial. One way in which we can start to inject a bit more accountability and scrutiny into the system is to hold a review of the ombudsman process, which Members have described today as combative, complex and exhausting for so many families. In particular, tribunal hearings are held in public only in exceptional circumstances. Given that around 95% of tribunal hearings, if not more, find in favour of the families, all cases should now be heard in public. I urge the Minister to look not only at the ombudsman process, but at those tribunal hearings.

[Dr Rupa Huq (in the Chair)]

I call the Liberal Democrat spokesperson.

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[Catherine McKinnell]

I will talk about how we are seeking to address this. I appreciate the extent of the challenge that the hon. Gentleman raises. The fundamental point here is that the additional funding being spent is not actually achieving the outcomes that children deserve. That is why we need to reform the system fundamentally, to improve both the process for families and children and the outcomes for children.

The number of education health and care plans has increased year on year since their introduction in 2014. As of January last year, nearly 600,000 children and young people had an EHCP. The plans were introduced as a way of minimising the bureaucracy and time-consuming nature of accessing vital support for children and young people with special educational needs and disabilities, to allow them the opportunities they deserve to achieve and thrive.

Over time, however, flaws and lack of capacity in the system to meet lower level needs has added to the strain on specialist services and had a detrimental impact on those who are trying to access support through the EHCP process. As many hon. Members described, that has led to late identification of need and intervention, low parental confidence in the ability of mainstream settings to meet need, inefficient allocation of resources in the system, and inconsistency in practice and provision based on geographical location. All of those problems have contributed to pushing up costs and creating an increasingly unsustainable system.

The latest data we hold shows that in 2023 just 50.3% of new EHCPs were issued within the 20-week statutory timeframe. As the hon. Member for Chelmsford set out, this problem is much worse in some areas, leaving children, young people and their families for weeks, months, and in some cases years, without appropriate and adequate support.

The Government want to ensure that EHC needs assessments are progressed promptly and plans issued quickly to provide children and young people with the support that they need so they can achieve positive outcomes. We are aware that local authorities have felt this increased demand for EHCPs and the subsequent demand for workforce capacity increases, and we recognise that more efficient and effective service delivery and communication with schools and families is pivotal to both rebuilding and reforming the system. Department officials are continuously monitoring and working alongside local authorities to support those who are having difficulty with timely processing of EHCPs. For those who struggle to process and issue EHCPs within the 20-week statutory timeframe and face challenges in making the improvements required to do so, the Department continues to put in place recovery plans with the aid of specialist SEND advisers where necessary.

The Government are absolutely aware of the challenges that families are facing in accessing support for children and young people through this long, difficult and adversarial EHCP process. Independently commissioned insights that we published last year show that extensive improvements to the system and using early intervention, which the hon. Member for Chelmsford mentioned, as well as better resourcing of mainstream schools would have a significant impact on children and young people with SEND who are in need of support. The insights showed that those changes could see more children and young people having their needs met without the need for an EHCP, and within a mainstream setting rather than a specialist placement. As well as that, we have listened to parents, local authority colleagues and partners across education and health and social care. We are considering carefully how to address and improve the experience of the EHCP process and reflecting on what could or should be done to make it more consistent nationally.

The hon. Member for Chelmsford rightly says that early intervention is a priority, and we absolutely agree. Children’s earliest years make the biggest difference to their life chances. We recognise the importance of high-quality early years education and care, which can lead to much better outcomes for all children. Having access to a formal childcare setting allows these needs to be identified at the earliest opportunity. It means that appropriate support and intervention can be put in place so that children with special educational needs and disabilities can thrive.

We have introduced additional resources for early years educators to support children with SEND, including a free online training module and SEND assessment guidance and resources, and we are reviewing the SEND funding arrangements to make sure that they are suitable for supporting children with SEND. This week we published the updated operational guidance alongside detailed case studies of good local practice to provide more detail to support local authorities and promote greater consistency.

The hon. Member for Chelmsford highlighted the broad specialist workforce that is needed across education, health and care. We know that far too many children have been waiting for speech and language therapy. To support the demand, we are working in partnership with NHS England and funding the early language and support for every child programme, trialling new and better ways to identify and support children with speech and language and communication needs. The programme is being delivered through nine regional pathfinder partnerships through our SEND and AP change programme. We know that continuing to build the pipeline of language and speech therapists is essential, so we have introduced a speech and language degree apprenticeship. It is now in its third year of delivery and offers alternative pathways to the traditional route.

Finally, although most education, health and care plans are concluded within a tribunal hearing, I have heard concerns from hon. Members about the process. We want all children and young people with SEND or an AP to get the support they need when they need it, which is why we are strengthening the accountability in mainstream settings to make sure they are inclusive. We are working with Ofsted and supporting the mainstream workforce to increase their expertise. We will also increase mainstream capacity by encouraging schools to set up their own SEND provision units, and we are supporting teachers with training so that every teacher is a special educational needs and disabilities teacher. Again, there are no quick fixes, but we are getting on with the job on multiple fronts.

I thank the hon. Member for Chelmsford again for securing this important debate, and I thank all who contributed today. Reforming the system and supporting children and young people with special educational needs to achieve and thrive and regain the confidence and trust of families are the goals we all share. My final word goes to all those working across education, health and care. In the interests of our children and young people with special educational needs, I thank them for all they do. Together we can deliver for our children and young people, including those with SEND.

[Dr Rupa Huq (in the Chair)]

I call Marie Goldman to respond briefly to this epic debate.