UK Trade & Investment

Tom Clarke Excerpts

Thursday 12th September 2013 Westminster Hall

[Daniel Kawczynski]

Absolutely. I have agreed to meet the hon. Gentleman to discuss those points further. SMEs will be critical in the renaissance of exports that we hope to achieve, and a little later in my speech, I will explain how they must play their part. I will not rest in probing the Government until we have achieved the position of fifth largest exporter in the world. I do not think that that is an unrealistic target.

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

I am grateful to the hon. Gentleman, whom I thank for the work that he has done in the field and particularly for obtaining this debate. I rise because I have received a letter from a constituent who is concerned about the arms trade. To summarise her view, she wants much more transparency. Is that a point that he considered when preparing what appears to be an impressive document?

[Daniel Kawczynski]

This debate and the report focus predominantly on the general export picture, of which our defence exports are just one aspect. However, if the right hon. Gentleman stays until the end of my speech, he will hear a reference to arms exports.

Children and Families Bill

Tom Clarke Excerpts

Tuesday 11th June 2013 Commons Chamber

[Mr Timpson]

I recall the constructive meeting that I had with the hon. Gentleman and he will remember that I gave a commitment then to work with him and with organisations with which he has been working with great astuteness to see what more we can do through the code of practice and other means to provide the additional support that we all want to see so that no child, particularly a child with cancer, misses out on the opportunity to fulfil their potential, and I will continue to work with him to achieve that.

Following the Education Committee’s thorough and well-argued report—another one—in December, we amended the Bill in several ways. By virtue of clause 19, we introduced a requirement for local authorities when exercising a function under part 3 to have regard to the views, wishes and feelings of a child and his or her parent, or of the young person, and the importance of them participating as fully as possible in decisions, and being provided with information and support to enable them to do so—an important set of transcending principles.

We have clearly specified the right of parents and young people themselves to request an assessment for special educational needs, to remove any uncertainty. We have ensured that young people on apprenticeships can receive support through an education, health and care plan. We have enabled independent special schools and specialist colleges to apply to be on a list of institutions for which parents and young people with education, health and care plans could express a preference. We have changed our approach to mediation so that parents and young people must consider mediation but do not have to take it up and can go straight to appeal to the tribunal if they wish without prejudicing their position.

To ensure that services are responsive to families’ needs we added a requirement for local authorities to involve children, young people and parents in reviewing the local offer and to publish their comments about the local offer and what action they will take to respond, and we made provision for the SEN code of practice to be approved by Parliament by way of negative resolution.

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

I apologise for missing the first two minutes of the Minister’s speech. He outlines responsibilities that have rightly been referred to various public agencies, but I find it somewhat confusing that nowhere can I find, either in the new clause or in the amendments, any reference to advocacy. I might have missed something, but what role do the Government see for advocates in the situations that we are discussing?

[Mr Timpson]

The right hon. Gentleman raises an important point. Advocacy comes in different forms. We have advocacy in relation to the legal process, and legal aid will still apply up to the point of tribunal for those who require legal advice. There is also advocacy in terms of trying to navigate the system. One thing that we are doing in relation to the pathfinders is to see who can help co-ordinate and navigate for parents and young people in a system that often has been too impenetrable, labyrinthine and drawn out. That could be through a key working role or through the work that the special educational needs co-ordinators carry out so effectively in so many of our schools. It is a practical response to the problem that we know exists while ensuring that the advocacy that is currently available for the legal process continues into the future. We set that out in Committee and I encourage the right hon. Gentleman to look carefully at what we said.

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[Mr Tom Clarke]

The Minister has referred several times to the role of local authorities, but the reality is that some local authorities give greater priority to this than others. Because this ought to be—I think that the Government agree—person-centred, considering the needs, rights and ambitions of young people, has he had an opportunity to speak with the Local Government Association, for example?

[Mr Timpson]

Yes, I have had a number of meetings with the Local Government Association, the Association of Directors of Children’s Services and other bodies that will be responsible for delivering education, health and care plans and, more widely, SEN provision within their local area. This has been a huge consultative exercise, and one that continues through the pathfinders. One of the messages we have been clear about throughout the process is that legislation, although a key component of long-term, sustainable reform, is not the whole solution. We also need to see—this is happening through the pathfinders and starting to spread outside them as we develop the changes in the system more widely—a recognition that those bodies must play their part at grass-roots level and recalibrate the sorts of relationships that in the past have not been good enough to help deliver the required provision.

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[Mr Tom Clarke]

I agree with my hon. Friend about the social, educational and employment needs of young people. On her point about the economy, I wonder whether she is aware that she is supported by the National Audit Office, which has said:

“Supporting one person with a learning disability into employment could, in addition to improving their independence and self-esteem, reduce lifetime costs to the public purse by around £170,000”.

She is therefore speaking very logically.

[Mrs Hodgson]

I am grateful to my right hon. Friend, who quantifies what we all know and believe is the crux of this issue. He has made a very important point.

Amendment 70 seeks to ensure that these reforms cannot be rolled out until such time as the pathfinders have run their course and provided sufficient evidence on the effectiveness of personal budgets that Parliament can be content in allowing the roll-out to go ahead. I hope the Minister will again take it in the spirit in which it is intended and give a commitment to the House that this measure will not be steamrollered through.

We support the switch from statements to education, health and care plans, extending the maximum age of support for young people to 25 to ensure that it covers further education courses and apprenticeships, and the ambition to encourage joint working between different agencies in drawing up those plans and providing the services described in them. However, there are still some concerns that, as worded, the Bill would give local authorities a get-out clause from providing services to enable young people between the age of 19 and 25 to carry on in education, even where they have not yet achieved to the level we might expect for young people without SENs. Those concerns are addressed by amendments 40 to 43, tabled by the hon. Member for South Swindon (Mr Buckland), which we support. I, like him, would be grateful for firmer assurances that prior outcomes, not age, will be the main focus of deciding whether or not to grant or cancel a plan.

My amendments 71 and 72 would ensure that we are measuring the outcomes of young people with plans up to the age of 25 rather than 19, as is currently required under the Special Educational Needs (Information) Act 2008, which is transposed into clause 65. It stands to reason that if we are maintaining support for these young people, we should also know how well that support has helped them. I would be grateful if the Minister committed to how best that might be done within the “special educational needs in England” analysis documents that clause 65 will require the Secretary of State to produce.

Another set of information that should be published as part of the annual report relates to the special educational needs and disability tribunal. I would like parents and campaigners to have access to information on the outcomes and costs to the public purse in tribunal administration and the amount spent by local authorities on legal fees—of the cases that reach that stage—so we can see who the worst offenders are and which local authorities would prefer to pay a lawyer £20,000 to prevent a child from getting £5,000-worth of support. The Minister helpfully pointed me towards some information that was squirreled away on the Ministry of Justice’s website, but as he will know, it is not exactly what I am asking for in this amendment, and in any case the information should be much easier to find and interpret. I therefore hope that he will continue to look at this issue or tell the House why, in an age of transparency, this information should not be available to parents.

We want to reduce as far as possible the current postcode lottery, but still fear that the Government’s plans for local offers, as drafted, could lead to greater disparities in services across the country. We welcome the requirement to compile and publish local offers, but fear that without a baseline expectation from the Department of what should be in them or, indeed, any departmental oversight, they may not be worth the paper they are printed on. As the Education Committee has pointed out, getting local offers right is crucial. If we do not and the services that children and young people need are not provided, we will just see more and more requests for statutory assessments.

Our amendments 66 and 67 would therefore require local offers accurately to reflect what is actually available in the local area, rather than simply what the local authority might say it expects to be available. They would remove the wriggle room that local authorities might have and ensure that they keep the offers under constant review. I hope the issue can be explored further in the other place.

Amendment 69 would require the Secretary of State to set national standards for what the local offers should include. I am no enemy of localism, as the Minister might argue—local offers should absolutely reflect local needs and priorities and be drawn up in consultation with local parent groups. However, if we are to tackle the unwritten postcode lottery, there should surely be a baseline of services that any child or young person anywhere in England should be able to expect. I have said before that local offers may simply codify the unwritten postcode lottery, and that they have the potential to result in a race to the bottom as local authorities look at their budgets and seek to undercut the local offers of their neighbours. I want assurances from the Minister that there will be something—anything—to stop those fears being realised.

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[Jesse Norman]

rose—

[Mr Tom Clarke]

rose—

[Stephen McPartland (Stevenage) (Con)]

rose—

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[Mr Buckland]

I cannot improve upon perfection.

[Mr Tom Clarke]

In arguing powerfully, as he is, for a holistic approach, including for education, does the hon. Gentleman accept that that can impact on the later lives of such young people, particularly with issues such as employment?

[Mr Buckland]

It is a pleasure to serve in the House with the right hon. Gentleman, who has a long and honourable track record of campaigning for young people and adults with disability. He understands very well from his experience that the repercussions of decisions made at that stage in life echo down the years. We mentioned mental health and employment prospects. Only one in four young people with autism get into employment. I believe we can improve on that shameful statistic. I know there is a will among Ministers, including the noble Lord Freud, to change that, which I believe we can do.

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[Mr Buckland]

I bear your strictures seriously, Madam Deputy Speaker.

I pray in aid remarks I have made in the past on the importance of the accountability of the local offer, and echo the comments made by the hon. Member for Washington and Sunderland West on clause 69. I urge my hon. Friend the Minister to redouble his efforts with the Ministry of Justice, so that clause 69 is expunged from the Bill when it returns to this House.

May I very briefly mention new clause 21, which is part of this group? It relates to the duty to ensure that there is inclusion for children and young people. That must not just be a comfortable word that we in this place all use—it has to mean something. In transforming local services, we must stop making an assumption, even for children and young people in special schools, that there will not be times when they will want to access mainstream services. I should add that a large number of children with special needs currently enjoy mainstream education with appropriate support. We need to underpin the spectrum of provision, whether in the form of education or other local provisions, which is why I commend new clause 21, which was tabled with my colleagues on the Joint Committee on Human Rights, the hon. Members for Aberavon (Dr Francis) and for Ealing, Southall (Mr Sharma).

I am grateful to you, Madam Deputy Speaker, for allowing me to address the House at some length. I apologise for that, but this is an important Bill. We have got to get it right.

[Mr Tom Clarke]

It is a pleasure to follow the hon. Member for South Swindon (Mr Buckland). For politicians these days, a few kind words go a long way. I congratulate him on his effective work on autism. The House will be pleased to hear that I do not intend to speak for long, as there is so much business today, but I wish to focus on amendments 46, 66, 67, 68 and 69. If I find myself on a different path, I am sure you will keep me in order, Madam Deputy Speaker.

I would like to pick up on comments made on both sides of the House. I thank sincerely my hon. Friend the Member for Washington and Sunderland West (Mrs Hodgson), who led for the Opposition. She rightly focused on education, which is vital in bringing out the talents and abilities of children, and recognised that these issues should, at every level—for education, certainly, but also employment, health matters and so on—be person-centred. My hon. Friend will agree when I say that disabled people are one of the groups that are the furthest away from the employment market, and education has an impact on that. Disabled people are twice as likely to be unemployed as their non-disabled peers. In 2012, the Office for Disability Issues estimated that 46% of working age disabled people are in employment, compared with 76% of working age non-disabled people. My hon. Friend and other hon. Members were absolutely right to focus on the big issues that have an impact on those with learning disabilities.

I am joint chair, with Lord Rix, of the all-party group on learning disability. We have achieved a great deal, but we still have much more to do. One of the key features of the Bill, for example, under clause 19 is the move to involve young people and children under the age of 16 in decisions about their special educational needs provision. Children and young people with special educational needs, particularly those with a learning disability, have trouble reading and understanding material unless it is fully effective, and that applies to Braille and other things.

Although localism is appropriate and schools should be judged on how well they are doing, there nevertheless ought to be standards that are accepted across the whole of the UK. I remind the House, as a Scottish Member, that although these matters have been devolved to the Scottish Parliament, the annual economic and fiscal settlement has to bear the Barnett formula in mind, so it is as appropriate to discuss these issues in England as it is in the devolved institutions.

It is essential that any information for, or consultation with, people with a learning disability is accessible and meaningful to ensure effective participation and involvement. Mencap has highlighted that this means using easy read formats for blind or partially sighted people. Organisations such as Scope point out that such necessities should not be a postcode lottery, as my hon. Friend the Member for Washington and Sunderland West also rightly said. This is the challenge before us. I am a little envious that I was not on the Committee, because I am sure that its considerations were thoughtful and progressive, and I congratulate it on its work.

I would like to conclude on this note. On the issues that we are dealing with—education, health, care and social matters—coming back to the child and the family is vital. Before I sit down, I shall give one example. A few years ago, I was invited to an exhibition in Glasgow organised by the National Autistic Society demonstrating some of the wonderful work in art and music that young people with autism were nevertheless able to produce. The VIPs opening the exhibition stood beside a particularly impressive painting, but as we listened to the speeches we were discouraged by the noise that one of the children was making, until we realised that this beautiful painting, which we had all admired, was painted by that young woman. That is the opportunity. We can do it. We can deliver for special educational needs. I hope that as the Bill progresses through both Houses, it will be seen as a major step in that noble direction.

[Mr Graham Stuart]

It is a pleasure to take part in this debate and to follow my hon. Friend the Member for South Swindon (Mr Buckland) and the right hon. Member for Coatbridge, Chryston and Bellshill (Mr Clarke). The right hon. Gentleman’s final point was right: this is a flagship Bill. Just as the Disability Discrimination Act 1995 turned out to be an historic step forward and a great achievement by the then Conservative Government, so I think this flagship Bill will be a great achievement of this coalition Government. It is symbolic that the Minister’s predecessor was a Liberal Democrat and that he has carried the Bill forward.

I know that we have limited time but I want to make a few comments. I was a little sceptical at the beginning of this process, and I remain worried that we might create a level of expectation among parents greater than the Bill can deliver, especially in this time of austerity, not least for local government budgets, but my scepticism and doubt have been eroded over time. The way successive Ministers have worked and the way the Bill has taken shape gives me hope that it can be as significant for children with special educational needs as the Disability Discrimination Act was for those with disabilities.

I wish to speak to my amendments 59 to 64, but first I want to put on the record my thanks to the Minister for his close and courteous co-operation with my Committee. His actions to improve the Bill in response to our recommendations have been appreciated, and he was big enough to list the changes that the Select Committee had suggested and which the Government had adopted. Ministers should not be embarrassed—quite the contrary—to change their proposals on the basis of evidence and submissions from people in the Chamber and outside.

The Education Committee paid particularly close attention to part 3 of the Bill on children and young people in England with special educational needs. As I say, we welcomed many features of the Bill in our pre-legislative scrutiny, such as the introduction of integrated education, health and care plans and the fact that the new statutory framework for SEN will cover children and young people from birth all the way to age 25. We should not underestimate the significance of these changes. They will deliver a process for assessing and meeting children’s and young people’s individual needs that could be more coherent, comprehensive and compassionate. As always, however, the devil lies in the detail, so my Committee will closely monitor the impact of these changes in practice.

My amendments have a common theme: to ensure that nothing in the Bill reduces the centrality of parents in making decisions for their children. I am particularly concerned to ensure that local authorities do not use the Bill to seek to change the balance in their relationship with the parents of children with special educational needs. I wish the Bill to enhance, not diminish, the role, power and influence of parents. I have particular concerns about parents who have chosen to educate their children at home. From discussions with the Minister, I know it is not the Government’s intention to undermine the parental role, but unless that is made clear in the Bill, there will always be the risk that these things will creep in.

That is why I have proposed amendment 59. It would insert a new subsection (e) in clause 19 expressly requiring local authorities to have regard to the right of parents to make their own arrangements for their children, in accordance with the Education Act 1996. Without this, the possibility will remain that local authorities might try to steamroller home-educating parents, who are only trying to do the right thing by their children. I am not saying it will necessarily happen, certainly not in all cases, but it is conceivable. My amendment is intended to prevent the situation from arising, whether through sins of omission or of commission. That is to say, the aim is to prevent local authorities from forgetting that parents have the primary responsibility for their child’s education. My amendment would assert that responsibility and the right of families to be free to educate their children independently, if they so wish.

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[Mr Timpson]

I had been doing so well with my hon. Friend, throughout the day. He is quite right to continue to challenge us, and schools, on this point. The question that has to go back to schools is why some are able to manage medicines effectively and others are not. That suggests to me that there is not necessarily a direct relation to the legislative framework that they are working under, and that it is down to differences in practice and to the school’s commitment to dealing with the issue. As I say, I am not stopping the discussion at this juncture. I am sure that there will be other opportunities for us to explore what more we can do. Reissuing the guidance is an important step, because it will provide very clear advice to schools on how they should approach this important issue. We will follow that up closely, both through Government channels and through Ofsted’s work in its role as inspector.

My hon. Friend tabled amendments to part 3 in respect of children who are home-educated. I know, because we have discussed the issue, that he takes a keen interest in these matters, both as the chair of the all-party parliamentary group on home education and as the Chair of the Select Committee on Education. He recently wrote to the Secretary of State about the Bill’s implications for home educators. He will receive a reply shortly. In the meantime, I reassure him that the Bill will bring benefits to all children and young people with special educational needs, including those who are home-educated. In particular, clause 19 says that in exercising their functions under this part of the Bill, local authorities have to have regard to parents’ views, wishes and feelings, which might, of course, include a wish for home education.

Parents will still have the right to educate their children at home. Where local authorities draw up education, health and care plans that say that home education is right for the child, the local authority will have a duty to arrange the special educational provision set out in the plan, in co-operation with the parents.

[Mr Tom Clarke]

I was impressed by almost everything that the Minister said until he got to the words, “local authorities have to have regard to”. Does he not feel that that is rather a weak way to challenge local authorities? Is it possible that people will look at that in another place?

[Mr Timpson]

As to the right hon. Gentleman’s second point, I am sure that they will; that is the beauty of the process that we find ourselves in. We are content that we have the right balance. We also need to be alive to the fact that home-educated children require support—this goes to the earlier point about proportionality and reasonableness—that fits in with their education. Clearly, every child’s needs have to be assessed, and local authorities should have that in mind.

Where a child has a plan that names a school as the appropriate environment in which to receive his or her education, parents will still be able to decide to home-educate; that is an important point. If they do, the local authority must assure itself that the parents are providing an education in accordance with section 7 of the Education Act 1996—that is, a full-time education that is suitable for the child’s age, ability, aptitude and special educational needs. If the local authority is so assured, it will be relieved of its duty to make the special educational provision set out in the plan, just as it is now with regard to statements. However, local authorities will continue to have the power to help parents to make suitable provision in the home by providing support services. To take on the right hon. Gentleman’s point, I would strongly encourage local authorities to consider exercising that power when making decisions about whether the provision being made by parents is suitable.

Autism

Tom Clarke Excerpts

Tuesday 20th November 2012 Commons Chamber

[Mr Buckland]

My hon. Friend touches on a number of themes that I will develop in my speech, but his point about the complexity of conditions with which people present to the authorities is important and does not affect only autism. Often, complex physical and other conditions will present with autism, and I cannot emphasise enough the need for joined-up commissioning and thinking.

I was talking about the adult autism strategy, which is due to be reviewed by the Government next year. It focuses on improved training, the development of local autism schemes, and a better way to plan and commission services for people with autism. Importantly, it emphasises the involvement of service users and their families—that perhaps sounds a bit trite, but it is often overlooked when services are developed. Services will be unhelpful if they are not developed with the full involvement and consent of those who use them.

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

The hon. Gentleman is making a very constructive speech. When considering these problems as a whole, does he agree that more focus should be placed on the role of carers than has been the case so far? The National Autistic Society pointed out that only one in five carers has had the assessment involving local authorities to which they are entitled by law. Does the hon. Gentleman agree that we must change that?

[Mr Buckland]

I pay tribute to the right hon. Gentleman’s tireless efforts for people with disabilities, including autism, over many years. He is right to say that we overlook the role of carers at our peril and we must all face up to and address the amount of work that carers do and the pressure they are put under, as well as the lack of support they have had to get used to. Comments about joined-up thinking immediately make me consider the role of carers, and when developing health and social care legislation we must remember that not only care for elderly people but lifetime care for people with disabilities cannot be overlooked.

I was talking about the review of the adult autism strategy and my message to the Department of Health, and the Minister responsible for that review, is that we must ensure the National Audit Office report that was published earlier this summer is fully addressed. Although that report noted encouraging progress in many areas of the adult autism strategy, it stated that much more needs to be done to improve access to diagnostic services, personal budgets and social care assessments for people with autism.

Let me set out some facts for the House. More than half a million people in this country have autism—about one in 100. If we include the families and carers of people with autism, more than 2 million people will be affected in some way. That is about 3,000 people in an average parliamentary constituency, according to studies by the Information Centre for Health and Social Care. As the parent of a child on the autism spectrum—like some other Members of this House—I am firmly in that category.

Perhaps I should pause a moment to share with the House some of my experiences as a parent that have driven me to do everything I can, while I have the honour of being a Member of this place, to campaign for the interests of people with autism. It took quite a while for us, as parents, to acknowledge that things were not quite as we had expected with our child. People go through denial, guilt, anger and shame. However, we went through the difficult process with a firm realisation that we would do everything we could for our child. Like millions of other parents, I have been through that mill and come out on the other side, but I am left with the feeling that the system does not work. We are still very much obsessed with process and not outcome, and we seemingly encourage the creation of categories to fit children into rather than the other way around. Until we nail that problem, I am not sure that any of the changes we make, however well intentioned, will bring real change.

Having said that, I remain an eternal optimist about our public services. I pay warm tribute to the legions of teachers, teaching assistants, speech and language therapists, health professionals, child psychologists and all the other people in the special needs field who work so hard day in, day out to help and support people who need their services. We are lucky in this country to have such a dedicated range of professionals.

An estimated 88,000 school-age children have autism in England alone—that is about 1% of the total school population. Autistic children form the largest group of children in receipt of statements of special educational needs. The proposals in the children and families Bill will therefore affect them significantly.

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[Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)]

I thank the hon. Member for South Swindon (Mr Buckland) for securing the debate and for his fine speech. I should also like to say how much I value working with him on the all-party group on autism. For many people watching this debate on television, their usual view of Parliament will be the robust exchanges that they see on a Wednesday at Prime Minister’s questions, and I confess that I play a part in that, as Parliamentary Private Secretary to the Leader of the Opposition. For me, however, Parliament is more about debates such as this, when we come together across geographical and party lines to try to progress an issue of great importance to our constituents. Such debates reveal what this Parliament should be all about.

Like the hon. Gentleman, I have to declare an interest in that I have a son with autism. That explains much of my involvement in the issue and in the work of the all-party group. I would like to pay tribute to the work of the National Autistic Society for its campaigning and for the services that it provides, as well as for providing parents with hope and with help when they need it most. When a parent first becomes aware, perhaps through a teacher or through their own intuition, that their child might have autism, the resources of the National Autistic Society will invariably be the first that they access to learn more about it. The role that the society plays is vital.

I welcome the intentions of the Government, as revealed in their Green Paper. We all want a more joined-up system that is easier for parents to access and that makes it easier for young people with autism to get the support they need. I know that a lot of parents have concerns; I hear them from my own constituents as well as from people who contact me as an officer of the all-party group, and I would like to go into those in some detail. As I understand it, however, the Government’s intentions are good.

At present, it is too much of a fight to get what our children need. Parents always tell me that local authorities are reluctant to give a statement, telling them that they do not need it, that they can have the same support without it, and that it is unnecessary because their child is doing fine. That is wrong. Too often, only those people who are really prepared or equipped to take on the system will get what they need, as the hon. Member for Winchester (Steve Brine) pointed out.

[Mr Tom Clarke]

My hon. Friend is making a very well informed speech. With regard to local authorities, does he agree that there are major gaps? For example, only 9% of people with autism are entered into the system for speech therapy, perhaps because their GP has recommended it. Local authorities ought to be defining these matters much more clearly, and we should encourage them in the debate today to take a proper role in these important issues.

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[Mrs Gillan]

Certainly one way to maximise the potential of people with autism is to follow such examples of good practice. The all-party group might want to address these issues in the future. If we want to be hard-nosed about this subject, we could refer to a National Audit Office report published when the Autism Act 2009 was going through this House, which showed that if local services identified and supported just 4% of adults with high-functioning autism and Asperger’s syndrome, the outlay would become cost-neutral over time, and if they did the same for just 8% of such adults, that could save the Government some £67 million a year.

I worked very closely with the NAS during the passage of the Autism Bill, so I know that it strongly supports the Government’s proposed reforms to the special educational needs system. It especially welcomes the introduction of joint co-operation and commissioning duties, the extension of SEN law to cover academies and free schools, and the education, health and care plans for young people up to the age of 25, which will replace the statements.

The NAS has raised some concerns, however, and it speaks from a position of great strength. It runs seven schools for children with autism, and it is setting up an autism free school—in our area, Mr Speaker, of the Thames valley. The new NAS Anderson school in Bristol works with children to address the challenges they face, with the specific aim of helping them move back into community-based mainstream provision. The NAS knows from experience that these new schools are set up in response to great local need and are anchored in their communities. It is essential that children with complex needs can have access to such independent special schools, but I understand there is some concern that under the new system parents may not be able to express a preference for such schools in an education, health and care plan. I urge the Minister to ensure that such schools can be accessed by those who need them.

This debate has focused on the SEN reforms, but the Autism Act 2009 was borne out of a recognition that the specific needs of adults with autism were often overlooked by service designers at the local level and therefore they consistently missed out and did not get the help they needed. Unfortunately, that is reflected in recent NAS research. Some two-thirds of adults with autism are not getting the help they need.

It is vital that we get education provision right. Local authorities must ensure that they not only educate themselves, but implement the Department of Health adult autism strategy in a way that addresses local needs. In working with young people with autism and their families, local authorities must plan at the strategic level for local services and develop individually tailored plans to ensure that children with autism are supported into adulthood and can enter employment and live independently in our communities.

The adult strategy will be reviewed in 2013. That gives us an important opportunity to consider these matters. It also gives us a chance to celebrate improvements —there have been improvements—but we must not ignore the fact that there is still so much more that we need to do. I particularly urge the Minister to take on board the fact that he needs to work with his colleagues at the Department of Health and the Department for Work and Pensions, and with many others, including Members of this House, to ensure that the proposals to reform SEN are fully linked to the work on the autism strategy.

[Mr Tom Clarke]

I am grateful to the right hon. Lady, who has done so much in this field, for giving way. On that point, does she agree that there is something wrong? We have been reminded that only 15% of people with autism are in full-time jobs and only 6% are in part-time jobs, which represents a loss of talent that is wrong not only for the individual but for society.

[Mrs Gillan]

I am grateful for the intervention and am second to none in my admiration for the right hon. Gentleman, who has given far more to this matter over the years than I could ever hope to. His record speaks for itself.

The right hon. Gentleman is absolutely right. When I was preparing my Bill, I talked to an employer who employed high-functioning adults with autism and Asperger’s. I asked how he coped with having employees with Asperger’s, and he said he really liked it because he could be sure that they would do the same task and make the same check over and over again. Quality control was not needed at all because of the excellence of the work of those individuals. We need to recognise that people with autism can be a great benefit to a business or an industry and they are certainly not a liability or somebody who is just taken on to make up the numbers. The right hon. Gentleman’s intervention was very valuable and I wish that more employers would take on people who are on the spectrum.

Finally, parents and people involved in autism often refer to reaching the transition age as falling off a cliff. In my experience, it was less like the romantic idea of falling off a cliff and more like falling into a dark black hole. The Government must continue the work carried out by the previous Government and ensure that the Department of Health and others make sure that when young people with autism reach adulthood their needs are planned for and met by other services so that the black hole does not simply move to the age of 25, as many people fear it might.

We have come a long way in understanding autism, but we have a long way to go in understanding the spectrum and the challenges it presents to Governments and to individuals and their families. The case of Gary McKinnon brought autism back to the forefront of people’s minds and we must ensure that we do not forget the condition. It has been a Cinderella condition; this is the first debate on the subject in three years. We need to cast more light on it and to ensure that as a Government we gain lasting and positive change for people with autism so that they can achieve their full potential in our society. I very much look forward to hearing the Minister’s response.

Oral Answers to Questions

Tom Clarke Excerpts

Monday 27th February 2012 Commons Chamber

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

In respect of the report of my hon. Friend the Member for Nottingham North (Mr Allen) on early intervention, do the Government accept that progress in education and the putting into place of their plan in response could be undermined if there are not sufficient assessments in the health service? Can we look forward to greater integration?

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

Making sure that services join together properly is absolutely key to getting early intervention right. That is precisely why we are rolling out 4,200 extra health visitors and making sure that they work very closely with Sure Start children’s centres. That is really critical. Similarly, the work we are doing on reforming the early years foundation stage, making sure there is more information available to parents, and the check at two and a half-years will really help with all the points the right hon. Gentleman has mentioned.

Oral Answers to Questions

Tom Clarke Excerpts

Monday 21st March 2011 Commons Chamber

[Sarah Teather]

Nothing in the Green Paper discourages local authorities from statementing. For example, we have tried to make it clearer that local authorities ought to be providing the same protection for under-fives. However, many children and young people will have a need below the level that we would expect to be provided for by a statement. Schools still have a requirement to do their best to serve those children, and I hope that our work on teacher training will improve that support. There is also the work listed in the Green Paper through which we want to provide a local offer, so that it is much clearer for families what should normally be available, and so that the process is less combative for parents trying to get help. I hope that that will support families who have a child with a special educational need or disability, regardless of whether it reaches the level of a statement.

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

Does the Minister recall that a review of these issues just a few years ago identified the issue of transition and concluded that we should address the problem of people leaving school and the educational system? That can be a traumatic experience. Is it still a focus?

[Sarah Teather]

Indeed. There is a whole section in the Green Paper on transition. As I said, the whole reason for changing to the education, health and care plan that runs up to the age of 25 is to focus much more on outcomes and to begin that planning process at an earlier stage. To make things better for young people, we need all Departments to work together. This is not just a matter of providing better educational opportunities. However, there is a lot in the Green Paper about what we want to do to improve the quality of provision, including, for example, in the further education sector and the quality of skills training there. This requires a whole-Government response. That is what we want, and the Green Paper is the first step towards it, but transition is an essential part of planning and one of the things that frightens parents the most about having a child with a special educational need.

Speech Therapy Services (Children)

Tom Clarke Excerpts

Wednesday 3rd November 2010 Westminster Hall

[Mr Tom Clarke (Coatbridge, Chryston and Bellshill) (Lab)]

I join the tributes to the hon. Member for Blackpool North and Cleveleys (Paul Maynard) for his comprehensive and well informed speech. I congratulate him on securing this important debate. We are debating these matters when the economy could be in better shape. The hon. Gentleman and I were at a meeting in a Committee Room of the House of Lords last week, where the organisations of and for people with disabilities, particularly children with learning disabilities, got together to discuss what is happening, what might happen and what the problems might be given the current situation.

Lord Rix, who is my co-chair of the all-party disability group—perhaps I should put that the other way round—made an outstanding speech. The next day, he followed it up by reading a letter to the Minister responsible for disabled people, the hon. Member for Basingstoke (Maria Miller). Being the gentleman that he is, he apologised for the passion that he had shown the night before, although I do not think that he needed to apologise. Like his speech, his letter was profound, and I will quote an important paragraph from it:

“If support is adequately financed and provided for by all schools, children could remain in a setting in the heart of their local community. Placing this responsibility on parents in terms of their child’s education could be an additional burden in their already complex lives, if the right levels of support, information and advice are not adequately provided. This could also potentially lead to parents having to prioritise aspects of their child’s development—i.e. speech and language therapy over in-class support—which could have significant legal ramifications on issues concerning the responsibility of educating children with special educational needs.”

I am glad that Lord Rix made that point; it is repeated again and again.

Some of us—perhaps all of us—received representations this morning from the Royal College of Speech and Language Therapists, to which the hon. Member for Blackpool North and Cleveleys referred. In the hope of a reply, questions were put to the Minister that included:

“Will communication competency be seen as critical to the forthcoming Schools Paper and will the Minister consider mainstreaming communication competency as a measurable outcome within the school curriculum?”

Other questions raised may emerge during the debate. That underlines how vital education is to the problems that we are discussing—education, education, education.

In the time available, I would like to refer to the work carried out by the hon. Gentleman’s predecessor, Mrs Joan Humble. We were asked by the then Secretary of State for the Department of Children, Schools and Families to set up a review looking at the needs of disabled children and their families. I led that review and inevitably, based on evidence from parents, children, carers and those who work in social services, we had to focus on the importance of funding. If funding was important when things seemed to be affluent, it is much more important today given the financial outlook that we face.

My one regret is not about the findings of the group that I had the privilege to chair. The Department was funded through the allocation of an additional £340 million to look at issues such as early identification, which was one of the points raised by my hon. Friend the Member for North West Durham (Pat Glass). That included £34 million for Scottish children. My one regret is that, as far as I can see, not a penny reached children with special needs in Scotland. Without any consideration for ring-fencing, the Scottish Government allocated the money to local authorities to spend however they wished. All local authorities decided to keep council tax at the present level. There is not a shred of evidence to suggest that the priorities that we presented to the Department were taken on board by any local authority.

Given the comprehensive spending review and the issues that follow from that, my regret today is that the same issue might apply not only to education authorities but to health boards. I thought for a time that the problem applied only to Scotland, but when we examined where the money went in England, sadly in Wales and also in Northern Ireland, we saw that it did not go to where it was intended. Vulnerable children found that their needs were not being met, and other issues such as those discussed today, and those raised by Mencap and other bodies, are not being addressed.

Mencap has noted that certificated training in this area is not mandatory, and that few schools have sufficient professional development funding to sponsor staff who are doing certificated or master courses. That is one issue, but there are more. What goes on in the classroom, the environment and the community is hugely important to children with profound and multiple learning disabilities.

In view of the time, I will conclude by saying that we all want to see the problems that have been identified addressed. We want Parliament to be better informed, and we recognise the work of the various Select Committees. Yesterday, during Health questions, I put a question to the Minister of State, the hon. Member for Sutton and Cheam (Paul Burstow). I asked whether

“the confidential inquiry and the learning disabilities public health observatory will go beyond March and until the work is concluded”.

The Minister of State replied that

“we had a good debate in Westminster Hall earlier this year on this matter, in which I indicated the Government’s support for those observatories. We believe they play a very important role in our understanding of the issues.”—[Official Report, 2 November 2010; Vol. 517, c. 750.]

I welcome that, but I wonder whether the Minister will respond specifically to my question, and provide reassurance to those who support the work that is going on.