Asked by
To ask His Majesty's Government what plans they have to review
the effectiveness of the ‘education and healthcare plans' process
for identifying and delivering support to those with special
educational needs.
(LD)
My Lords, in begging leave to ask the Question standing in my
name on the Order Paper, I remind the House of my declared
interests.
The Minister of State, Department for Education ( of Malvern) (Lab)
My Lords, this Government acknowledge the struggles faced by
children and young people with special educational needs and
disabilities and their families when trying to access the right
support, particularly through a long and difficult EHCP process.
We are currently working on plans to deliver our manifesto
commitments to take a community-wide approach to special
educational needs and disability. This work will improve
inclusivity in mainstream schools and ensure that special schools
cater to those with the most complex needs.
(LD)
I thank the Minister for that reply. Does she agree that the
current system has, basically, failed completely? When can we get
an assurance from the Government that they will manage to get to
a situation where schools are identifying special educational
needs, rather than concerned parents going to the school and
asking them what the problem is? This is the situation at the
moment, which favours the wealthy and informed parent throughout
the system, right up to the plans.
of Malvern (Lab)
I agree with the noble Lord. In fact, so does the National Audit
Office, which published a report this morning, and so do members
of the former Government, who have described it as a lose-lose
system. That is exactly why we need to ensure that within our
mainstream schools, and in our early years provision, where most
children's special educational needs can and should be
identified, we have better support and training for the staff and
more support for those children when their needs have been
identified, short of having to go through the very arduous
process of getting an education health and care plan, on which
the noble Lord is absolutely right.
(Lab)
My Lords, I declare an interest as a vice-president of the
National Autistic Society. Rachel de Souza, the Children's
Commissioner for England, has recently produced a report on
waiting times to get a diagnosis for autism. She says:
“We have created a system … working against itself”.
Children need the diagnosis before they can get SEND provision
and they have to wait up to five years, sometimes, for a
diagnosis. Will my noble friend look at this and the report? In
the meantime, children are getting no help and support at all. We
have to change this.
of Malvern (Lab)
My noble friend is absolutely right. That is why, as part of the
10-year plan for change and modernisation in the NHS, I am
assured that there will be a focus on reducing the length of
waiting times and improving the provision of autism services. The
SEND Code of Practice is also clear that meeting the needs of a
child with special educational needs and autism does not require
a diagnostic label or a test. We expect schools and colleges to
monitor the progress of all pupils and put support in place where
needed. There has been some good work—for example, by the Autism
Education Trust—to provide a range of training and support for
staff on autism. However, it is clear that there is more we need
to do, both to identify and then to support children and young
people in this situation.
(Con)
My Lords, what is the Government's plan to have the right level
of SENCO support throughout our education system? Similarly, what
are the Government going to do in terms of access to clinicians
and experts for the preparation of reports? It cannot continue to
be a matter of those who can pay, paying, and those who cannot,
sadly, having to wait and often ending up in an endless loop,
never ending up getting the diagnosis and help they require.
of Malvern (Lab)
The noble Lord is right that in an education, health and care
plan, the health element is also very important. As my noble
friend identified, where there are delays in getting a diagnosis,
that can also mean that children and young people are not getting
the support that they need in schools or being identified for
additional support within those schools, which is wrong. That is
precisely why the Government are determined to make the long-term
fundamental reform that will support inclusive mainstream schools
for the early identification and support of children, and also
ensure that where special schools are needed, there is a place in
them for the most complex needs.
(CB)
At the end of their time at school, many of these people—who are
now young adults—have ongoing educational needs to be addressed
to allow them to integrate into society and find places of work.
Are the Government planning to make sure that they look at
continuity, so it does not just end at the age of 18—or whenever
they leave—but that educational provision is included right up
into their early 20s, to make sure that these children can
eventually become well integrated into society and have a
prosperous and fulfilling adult life?
of Malvern (Lab)
The noble Baroness is absolutely right that as good practice for
children and young people with special educational needs and
disability, we need to prepare them for a healthy and productive
adulthood. That is already clear in the SEND Code of Practice.
For those with an education, health and care plan, there must be
a focus from year 9 onwards on preparing the young person for
adulthood, as part of their annual review. That also means that
we need the expertise within our further education colleges and
higher education as well, where students can receive specific
support. This will make sure that the support is there available
for them through the education system and onward into fruitful
and satisfying employment.
The Lord
My Lords, as I understand it, the situation for looked-after
children—who, as we know, have a much higher proportion of EHCPs
and SEND—is that, when they move from one area to another, the
new local authority has to conduct a review of the EHCP. This
causes further unnecessary delays. Can the Minister confirm that,
as part of the review of current provision, this unnecessary
duplication will be addressed?
of Malvern (Lab)
The right reverend Prelate makes an important point about the
experience of looked-after children, which I also discussed in an
Oral Question earlier this week in response to the noble Lord,
. We have to get to a system
where there are fewer bureaucratic processes to enable children
and young people to get the support that they need. The point
about moving from authority to authority is very important, and I
will certainly take it back to my colleagues in the department.
This strikes me as an additional piece of bureaucracy. While it
is obviously important that, in every context, children's needs
are properly understood—and that provision through an EHCP, for
example, is properly put in place—that should not be a
bureaucratic process that prevents children getting the support
they need when they need it.
(Con)
My Lords, can the Minister confirm whether the Government are
committed to continuing the reforms that the previous Government
set out in the SEND and AP plan to set national standards and to
digitise the process, so that EHCPs are much clearer and
speedier, removing a lot of stress for parents and their
children?
of Malvern (Lab)
The Government are committed to doing everything we can to ensure
that the process of going through an education, health and care
plan—even now, only 50% of parents get them within 20 weeks of
applying for them—is made much easier. I am sure that there are
ways that we can build on work from the previous Government to
ensure that that happens. Fundamentally, the problem with the
system, which we also inherited from the previous Government, is
that too many parents feel the need to go through this arduous
process alone, because they do not have the support in the rest
of the school system and do not get identification early enough.
That is what, more fundamentally, we need to put right, and that
is what the Government are committed to doing.
(LD)
In Wales, the additional learning needs framework was introduced
in September 2021 to provide children with an independent
development plan in place of the SEN statement. There is also a
right to advocacy for children—an active offer of
advocacy—provided by the National Youth Advocacy Service Cymru.
Have the Government evaluated these initiatives, and would they
help to alleviate the pressure in England? My grandson is being
helped with special schooling and travel under just such a plan.
Cardiff is truly an exemplar that all local authorities should
follow.
of Malvern (Lab)
I am very pleased to hear that Labour-led Wales is providing a
good service for the noble Lord's grandchild. In the fundamental
reform that we need to undertake, we will be very keen to learn
from good experience, wherever it comes from. I will certainly
ask officials in the department to look into the examples that
the noble Lord highlighted.
Lords debate on Special Needs
Schools
