Special Needs Education

Sarah Teather Excerpts

Tuesday 6th September 2011 Westminster Hall

[The Minister of State, Department for Education (Sarah Teather)]

It is a pleasure to serve under your chairmanship, Mrs Main. I think it is the first time that I have been in Westminster Hall when you have been in the Chair.

I congratulate my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) on securing this useful and timely debate. I am aware of her long-standing interest in this issue. She kindly mentioned that I attended a meeting that she called with a number of schools from her area and nationally. I am grateful to have this opportunity to place some issues on the record and to clarify some of the points that she has raised.

Independent and non-maintained special schools play a valuable role in supporting some of our most vulnerable children and young people, many of whom have very complex needs, and they also have considerable expertise to offer other schools. My hon. Friend mentioned a number of schools in her constituency, outlined their particular expertise and what they are able to offer to children and families. I pay tribute to the impressive work that schools in her constituency and across the country do in supporting children and families. They make an invaluable contribution to supporting children and to the sector as a whole. Independent and non-maintained schools are an established part of the landscape of special educational needs provision in this country and they form an integral part of the diverse range of schools that we are seeking to establish, in order to improve choice for parents and support for children and young people.

In the time available to me, I want to try to pick up on the points that were made by my hon. Friend and by the hon. Member for Gillingham and Rainham (Rehman Chishti). Both hon. Members will be aware that this debate takes place relatively soon after we published a Green Paper on SEN and disability. We carried out a consultation that received 2,400 responses and we are going through all those responses. They were very varied, coming from education professionals, including teachers, families and health workers. Later this year, we will publish a formal response. So I take this debate in the spirit of that consultation. We are still in a period of gathering information and views about our Green Paper before deciding how to work through some of the proposals that we made and to ensure that we get the detail correct. During this period, we are also establishing local pathfinders to test out some of the best ways of delivering the change that we have proposed. We will announce details of those pathfinders later this month.

My hon. Friend made a number of specific points about naming schools and school choice. It is perhaps worth my placing on record what the Green Paper says. We are widening the range of schools from which parents can choose by enabling parents, teachers and others to set up free schools and by allowing existing schools to become academies. The free schools route also provides an opportunity for non-maintained schools to seek academy status if they wish to do so. We intend to change the law so that parents of children who would have an education, health and care plan have the right to express a preference for any state-funded school and to have that preference considered on the same basis, whether it is for a special school, a mainstream school, an academy or a free school.

My hon. Friend asked why we have not made a similar provision for parents to express a formal preference and then for local authorities to name a school if it is a non-maintained school or an independent school. It is about the original purpose of the legislation, which is to ensure that parents get that choice—often when a school may not choose to take the child. As she will be well aware, the process is that parents are able to express a preference and the local authority will then consider whether that is the right placement for that child, subject to the legal provisions about the best use of resources and whether it will have any detrimental effect on the education of other children. At that point, if the local authority agrees—if it does not meet the conditions, it has to agree—to place the child in that school, it formally names that school and the school is forced to take the child.

Of course, non-maintained schools and independent schools do not want to be forced to take a child and, in a sense, that is a point that the hon. Member for Gillingham and Rainham made when he raised wider issues about disability discrimination legislation. We have a diverse range of schools and there are balances of freedoms and restrictions applied to different schools. If non-maintained schools want to take on slightly different freedoms but also different restrictions, they have the freedom to apply for academy status, and independent schools have the ability to apply for free school status, as I outlined a while ago. In doing so, they trade some of the freedoms that they already have and gain different restrictions. Therefore, it does not make sense in that situation to extend the legislation so that schools would be forced to take a child, and I do not think that that is something that those schools would want to do. However, I stress that parents will continue to have the right to make representations for a place at a school that is not state-funded and the local authority must take those representations into account when it makes its decisions on placements. We are not proposing any change to that process in the Green Paper.

My hon. Friend raised points about whether non-maintained special schools and independent schools are always more expensive. She quoted some things that I had said at a hearing of the Select Committee on Education. I think that they have been taken very slightly out of context. It is true to say that some independent schools and some non-maintained schools are more expensive than state-funded provision, but I have not said at any stage that all non-maintained special schools and all independent schools are always more expensive. It would simply be incorrect to say that. We have spoken to the National Association of Independent Schools and Non-Maintained Special Schools on this point and we have tried to encourage it to submit its own evidence about costs to the review about school funding, which is ongoing. We are out to consultation until about mid-October and we encourage those in the sector to submit what evidence they have about costs and to say whether full costs are being taken into account. Such evidence would be very useful when we are considering what we do with pupils, particularly those high-cost pupils about whom my hon. Friend spoke earlier.

It is also worth saying that local authorities are obliged to make decisions about placements on an individual basis. There is no doubt that for some children attending an independent or non-maintained special school will be absolutely the appropriate and right course of action for them, and the local authority is then required to fund a place for the child at that school. In fact, the number of children who are being educated in the independent sector has risen, not fallen, during the past five years.

My hon. Friend made some points about a local offer and the information that is available to parents. Local authorities already have a statutory duty to give parents information about non-maintained special schools and independent schools in their area. It is up to local authorities to decide whether to include that information in their local offer and that is something that we would like local authorities to develop on a local basis.

My hon. Friend did not mention the issue of the work force, but I wanted to make a couple of points about that because NASS raised it with us in its response to our consultation on the Green Paper. Independent and non-maintained special schools can now apply to become teaching schools if they are rated “outstanding” by Ofsted and have experience of collaborating with other schools. As I said earlier, however, those schools have such a lot of expertise that I want to encourage them to join an alliance with other schools in their area to form a teaching schools partnership, so that we can ensure that we are making use of the expertise that they have.

My hon. Friend very fairly made some criticisms about communication between the Department for Education and other organisations, particularly NASS, in the past few months. Those criticisms are absolutely fair and valid. Indeed, I wrote to Claire Dorer of NASS just this week to say that some of the failures of communication have been, in my view, inexcusable and that I am absolutely determined to ensure that they are not repeated. The Department is in regular contact with NASS on many of the points that my hon. Friend has raised. It is not an excuse, but by way of offering an explanation I will say that there has been some reorganisation within the Department about responsibility for some of these issues and unfortunately that has led to some issues of miscommunication.

I will come back to the other points that my hon. Friend made, but first I will address the specific questions that the hon. Member for Gillingham and Rainham asked. He asked about personal budgets and whether parents would be able to buy provision in the independent sector. The answer is yes, but we think that it is unlikely to apply to the whole school place. That is something that we are testing at the moment through our pathfinder schemes, but we think that it is unlikely to be practical to apply to the whole school place. Of course, as I stated a short time ago, if that provision is correct for a child, local authorities are already bound to fund the whole school place anyway, but they may well be able to pay for some of the extra provision that might be offered in a particular school.

Are we going to implement the auxiliary aids and services regulations? It is our intention to do so. There has been some delay in our doing so. Of course, the regulations will apply to all schools and not just to independent schools; all schools will be bound by them.

The hon. Gentleman also made the point about independent schools being open to disability discrimination challenge if they fail to accept a child. That is the flipside of the other point that my hon. Friend the Member for Mid Dorset and North Poole made earlier about naming a school. If a school is state-funded, the local authority can specifically name it and ensure that it is forced to take a child. It is a similar attempt to protect things for families.

In the last minute available to me, I want to respond to the points that my hon. Friend made about the Hutton report. We are, of course, looking at this issue as we consider how to deal with the detail of the recommendations made by the Hutton commission. There will be some issues to balance about what we do and there are, of course, pros and cons attached to private sector bodies’ participation in public sector pension schemes. That is something that we will have to consider with the teaching profession as a whole, but I understand the points that my hon. Friend raised.

In the time available to me today, I have done my best to answer all the points that my hon. Friend has made. There are two other points about funding on which I will respond to her in writing, but I hope that I have responded to all the other points that she has raised.