Children and Families Bill

John Bercow Excerpts

Tuesday 11th June 2013 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

New clause 8—Support for children with specified health conditions—

‘(1) The governing body of a mainstream school has a duty to produce and implement a medical conditions policy that defines how it plans to support the needs of children with specified health conditions.

(2) The medical conditions policy must include provision about—

(a) the means by which records of the specified health conditions of children at the school are to be recorded and maintained; and

(b) the preparation of an individual healthcare plan for each child with a specified health condition which sets out the needs of that child arising from that condition.

(3) The medical conditions policy must include requirements relating to the provision of appropriate training for school staff to support the implementation of individual healthcare plans.

(4) In preparing an individual healthcare plan the governing body must—

(a) consult the parent of the child concerned and, where appropriate, the child about the contents of the plan; and

(b) there shall be a duty on NHS bodies to co-operate with the governing body in its preparation and implementation of individual healthcare plans.

(5) Local authorities and clinical commissioning groups must co-operate with governing bodies in fulfilling their functions under this Act.

(6) The Secretary of State may by regulations define “specified health conditions” for the purposes of this section.

(7) For the purposes of this section “NHS bodies” has the same meaning as in the Health and Social Care Act 2012.’.

New clause 21—Inclusive and accessible education, health and social care provision—

‘(1) In exercising a function under Part 3, a local authority and NHS bodies in England must promote and secure inclusive and accessible education, health and social care provision to support children, young people and their families.

(2) Regulations will set out requirements on an authority and its partner NHS commissioning bodies to promote and secure inclusive and accessible education, health and social care provision in its local area, in particular through—

(a) the planning;

(b) the design;

(c) the commissioning or funding;

(d) the delivery; and

(e) the evaluation of such services.’.

New clause 24—Publication of information relating to Special Educational Needs tribunal cases—

‘(1) The Secretary of State must collect information on all cases related to special educational needs which are considered by the Tribunal Service, including—

(a) the local authority involved;

(b) the cost to the Tribunal Service;

(c) the amount spent by the local authority on fighting each case;

(d) the nature of each case; and

(e) the outcome of each case.

(2) The Secretary of State must collate and publish information collected in the exercise of his functions under subsection (1) once a year.

(3) The following bodies must make arrangements to provide such information to the Secretary of State as is necessary to enable him to perform his functions under this section—

(a) the Tribunal Service;

(b) local authorities.’.

Amendment 59, in clause 19, page 18, line 22, at end add—

‘(e) the right of the parent to make their own arrangements for some or all of the special educational provision under section 7 of the Education Act 1996.’.

Amendment 39, in clause 21, page 19, line 16, leave out ‘wholly or mainly’.

Amendment 60, in clause 23, page 19, line 29, leave out ‘may have’ and insert ‘probably has’.

Amendment 61, page 19, line 32, leave out ‘may have’ and insert ‘probably has’.

Amendment 46, in clause 27, page 22, line 3, at end insert—

‘(2A) If the education and care provision provided as part of the local offer is deemed insufficient to meet the needs of children and young people under subsection (2), a local authority must—

(a) publish these findings;

(b) improve that provision until it is deemed sufficient by—

(i) those consulted under subsection (3); and

(ii) Ofsted.’.

Amendment 62, in clause 28, page 23, line 29, at end insert ‘;

(n) Parent Carer Forums.’.

Amendment 66, in clause 30, page 24, line 21, leave out ‘it expects to be’ and insert ‘which is’.

Amendment 67, page 24, line 24, leave out ‘it expects to be’ and insert ‘which is’.

Amendment 30, page 24, line 34, at end insert—

‘(f) arrangements to assist young people and parents in managing a personal budget should they choose one.’.

Amendment 68, page 24, line 39, at end insert ‘, including in online communities.’.

Amendment 69, page 25, line 7, at end insert—

‘(7A) The Secretary of State shall lay a draft of regulations setting out the minimum level of specific special educational provision, health care provision and social care provision that local authorities must provide as part of their local offer, and the regulations are not to be made unless they have been approved by a resolution of each House of Parliament.

(7B) Once regulations under subsection (7A) have been made, the Secretary of State must—

(a) issued guidance to local authorities on how to meet these regulations, and

(b) publish information on these regulations accessible to the families of children and young people with special educational needs on the Department’s website, and in any other way he sees fit.’.

Amendment 65, in clause 36, page 28, line 21, at end insert—

‘(1A) A person acting on behalf of a school or a post-16 institution (“A”) must request an EHC needs assessment for a child or young person (“B”) as soon as A becomes aware that B has been diagnosed with epilepsy or a related condition.’.

Amendment 40, page 29, line 20, leave out subsection (10).

Amendment 44, in clause 37, page 30, line 8, leave out from ‘provision’ to end of line 10 and insert

‘required by the child or young person.’.

Amendment 41, page 30, line 13, leave out subsection (4).

Amendment 45, in clause 38, page 30, line 35, at end insert—

‘(g) an institution of higher education which the young person has accepted an offer from.’.

Government amendment 17.

Amendment 37, in clause 42, page 33, line 6, at end insert—

‘(2A) If the plan specifies social care provision, the responsible local authority must secure the specified social care provision for the child or young person.’.

Amendment 63, page 33, line 13, leave out ‘suitable alternative arrangements’ and insert

‘arrangements suitable to the age, ability, aptitude and special needs of the child or young person and has chosen not to receive assistance with making provision.’.

Amendment 42, in clause 44, page 34, line 3, leave out subsection (5).

Amendment 43, in clause 45, page 34, line 37, leave out subsection (4).

Amendment 64, page 34, line 39, at end insert—

‘(4A) A local authority must not cease to maintain an EHC plan on the sole ground that the child or young person is educated otherwise than at school in accordance with section 7 of the Education Act 1996.’.

Government amendments 18 to 20.

Amendment 70, in clause 48, page 36, line 21, at end add—

‘(6) This section will not have effect until an Order is made by the Secretary of State, subject to affirmative resolution by both Houses of Parliament.

(7) Before making an Order under subsection (6), the Secretary of State must lay a copy of a report before both Houses of Parliament detailing findings from the pathfinder authorities established under the Special Educational Needs (Direct Payments) (Pilot Scheme) Order 2012, including but not limited to—

(a) the impact on educational outcomes for children and young people;

(b) the quality of provision received by children and young people;

(c) the value for money achieved;

(d) the impact on services provided for children and young people without EHC plans, or those for whom direct payments were not made.

(8) The Secretary of State may not prepare a report under subsection (7) until September 2014.

(9) An Order made under subsection (6) may amend this section as the Secretary of State deems necessary to ensure the effective operation of personal budgets, having had regard to the finding of the report produced by virtue of subsection (7).’.

Government amendment 21.

Amendment 38, in clause 50, page 37, line 18, at end insert ‘;

(g) the social care provision specified in an EHC plan;

(h) the healthcare provision specified in an EHC plan.’.

Amendment 47, in page 48, line 35, leave out clause 69.

Amendment 71, in clause 65, page 45, line 37, leave out ‘19’ and insert ‘25’.

Amendment 72, page 46, line 11, leave out ‘19’ and insert ‘25’.

Amendment 73, in clause 67, page 47, line 21, leave out

‘such persons as the Secretary of State sees fit’

and insert

‘publicly, for a period of not less than 90 days’.

Amendment 74, page 47, line 22, leave out ‘by them’ and insert

‘as part of that consultation’.

Amendment 75, in clause 67, page 47, line 23, leave out subsections (3) to (8) and insert—

‘(3) A code, or revision of a code, does not come into operation until the Secretary of State by order so provides.

(4) The power conferred by subsection (3) shall be made by statutory instrument.

(5) An order bringing a code, or revision of a code, into operation may not be made unless a draft order has been laid before and approved by resolution of each House of Parliament.

(6) When an Order or draft of an order is laid, the code or revision of a code to which it relates must also be laid.

(7) No order or draft of an order may be laid until the consultation required by subsection (2) has taken place.’.

Amendment 48, in clause 72, page 49, line 46, leave out from ‘education,’ to end of line 1 on page 50.

Government amendments 22 to 25.

[Mr Timpson]

Part 3 of the Bill introduces a much stronger framework for supporting children and young people with special educational needs. These reforms have been widely welcomed, and I am grateful to Members in all parts of the House for their interest in and support for them. We can be sure in the knowledge that the Bill has been significantly strengthened since draft clauses were published last autumn.

We have all met constituents who have had to battle to get the special educational support that their child needs. These reforms are ambitious; they aim to ensure that in future, children, young people and their parents are at the heart of the system, and that special educational provision builds around them, instead of asking them to adjust to the system. It will not always work perfectly in every case, but the pathfinders that I have visited have convinced me that we have a really exciting reform under way—one that challenges local authorities to design a system around those who use it, rather than conform to existing structures and processes. The reforms are also ambitious as regards personal aspirations. The new system will support young people through further education and training, up to the age of 25 for those who need it, and focus much more strongly on independent living and helping them to find paid employment. The provisions extend support to younger years as well, so that children are supported as soon as their needs are identified, from birth onwards, instead of having to wait until they reach school to be assessed.

The reforms provide the foundation for a system in which children and young people’s needs are picked up early; parents know what services they can reasonably expect their local schools, colleges, local authority, and health and social care services to provide, without having to fight for the information; those with more severe or complex needs have a co-ordinated assessment built around them and a single education, health and care plan from birth to 25; and parents and young people have greater control over their support. I believe these ambitions are shared across the House.

We had a wide-ranging, constructive debate on Second Reading, and the Committee sittings were passionate, knowledgeable and helpful. I hope that today we can build on the broad consensus that has characterised the debate to date.

We have also listened carefully to the views expressed by Members of the House, parents and young people, and many of the organisations supporting them, and we have acted to improve the SEN provisions following pre-legislative scrutiny and as the Bill has made its way through the House.

--- Later in debate ---

[Several hon. Members]

rose—

[Mr Speaker]

Order. At least three Members still wish to speak and I hope that they all have the chance to do so.