SEND Provision: South-east England

Al Pinkerton Excerpts

Tuesday 15th July 2025 Westminster Hall

[Dr Al Pinkerton (Surrey Heath) (LD)]

It is a pleasure to serve under your chairmanship, Sir Edward. I thank my hon. Friend the Member for Tunbridge Wells (Mike Martin) for securing this crucial debate. The number of people in the Chamber and the power of the testimony that we have heard are testament to how important the issue is to our constituents across the country.

Since I was elected as MP for Surrey Heath, special educational needs has been the single biggest issue to dominate my email inbox. That is a refrain that we have heard from many other Members. It is bigger than housing and the cost of living crisis—it is even bigger than potholes. That is because, certainly in Surrey, there is a deep and ongoing SEND crisis. Right now, I have more than 140 active cases involving children with special educational needs, many because Surrey county council has issued EHCPs in the wrong names, describing the wrong conditions or offering wrong and inappropriate packages of support. Those EHCPs often come only after weeks and months of parents fighting and advocating for their children and asking SEND co-ordinators at the schools to do the same.

Over the past three years, Surrey has had the highest number of tribunal appeals anywhere in the country—a fact that, very unfortunately, it chose to hide from its own scrutiny committee for more than 14 months and that the leader of Surrey county council denied in writing to Surrey’s Lib Dem MPs. Children, broken and neglected by the system, have attempted suicide. Parents, shattered by endless roadblocks and barriers, become permanent carers for their children, who cannot be placed in schools—and at what economic cost? SENCOs and teachers, already stretched to breaking point, spend their days chasing paperwork instead of supporting pupils.

An ITV investigation recently revealed that when parents lodged official complaints, Surrey county council—with a sleight of hand and a swift move of the pen—simply reclassified those complaints as inquiries in order to massage those problematic figures downwards. Zooming out across England, councils are carrying a hidden SEND deficit of almost £5 billion, as the hon. Member for Farnham and Bordon (Gregory Stafford) said, parked off their books by a temporary accounting override that ends in March 2026. When that expires, more than 60 local authorities face the risk of insolvency overnight.

Ministers promised a White Paper this spring to recalibrate the system; now we are told that the Department for Education cannot commit to publishing plans for at least six months. Many parents consider that uncertainty an insult. Their lives revolve around EHCP reviews, tribunal appeals and statutory deadlines. Rumours abound that the Government may attempt to scale back or even scrap the EHCP and replace it with a narrower, potentially cheaper framework. Let me be absolutely clear: they cannot, and should not, remove statutory protections before they have built the capacity to replace them. Removing EHCP rights in a vacuum would strand families in legal and emotional limbo and potentially drive councils even closer to collapse.

The Liberal Democrats believe that reform of the SEND system is long overdue—I think that is a position shared across the House—and to guide that reform we have set out a five-point plan. I want to highlight just three of those key points. First, in any changes, we must put children and families at the forefront of reform. Reform cannot be done to families; it must be done with them. They are essential partners in redesigning a system that shapes their children’s futures.

Secondly, we must recognise that inclusion and specialist support are not opposing ideas. We need both inclusion in mainstream and specialist capacity where each is appropriate. They need to be boosted in parallel. Right now, 67 specialist free schools approved by the Government are currently stuck in limbo waiting to open. That is 67 communities left in the lurch. At the same time, councils should be empowered to open specialist hubs within mainstream schools and allowed to get on with it without tripping over Government red tape. Inclusion only works when it is resourced. Without resource, it becomes exclusion by another name.

Finally, we must support local government to do its job. That means reforming a system where private SEND providers, too often backed by hedge funds, extract eye-watering profits. I have heard in my own area of fees being charged in excess of £130,000 a year for access to independent private provision—more than double the average cost of educating a child with special educational needs. That is not an attack on the independent sector, but it is an attack on profiteering on the backs of the most vulnerable.

[Monica Harding]

Does my hon. Friend agree that it is very difficult to measure accountability in these schools? Where does accountability sit, and how do parents know that their children are achieving in those schools?

[Dr Pinkerton]

Accountability is very often opacity. I have certainly seen examples of schools charging those fees I have just mentioned, in excess of £130,000 a year, with extremely opaque governance structures, so I am grateful for my hon. Friend’s intervention.

We also need a fair funding guarantee and ringfenced central support for every child whose assessed needs exceed a defined cost threshold. Councils should never be forced to choose between their budgets and a child’s future. I say to the Minister, in the spirit of cross-party support and in the desire to ensure a better system for the future, “We share your concern about the broken system—but any reform must start with strengthening rights, not dismantling them.” That is why the Lib Dems are calling for a new national SEND body, an independent commission to oversee the most complex cases, guarantees of fair funding and performance tracking across England.

I hope that we can come together across this House to publish a White Paper within three months, with clear timelines, resourcing and genuine co-production with parents and families. We need to extend the high-needs deficit override until councils are properly supported. Let us open every delayed special school in this Parliament, so that no child is left without a place. We must seize this opportunity, this moment, to get SEND reform right, before any more children are failed in Surrey or across these isles.