SEND Provision: South-east England

Edward Leigh Excerpts

Tuesday 15th July 2025 Westminster Hall

[Sir Edward Leigh (in the Chair)]

Before Mike Martin moves the motion, I should say that 16 Members wish to speak, so I will probably have to impose a three-minute time limit after he has spoken. My aim is to try to get everybody in, so if we can cut down on interventions, that should give everybody a chance to speak.

[Mike Martin (Tunbridge Wells) (LD)]

I beg to move,

That this House has considered SEND provision in the South East.

It is an honour and pleasure to serve under your chairmanship, Sir Edward. I will speak specifically about Kent and my Tunbridge Wells constituency; I am sure that right hon. and hon. Members will speak about examples in their constituencies. We are speaking about some of the most vulnerable people we represent and, as the Government are reviewing special educational needs and disabilities, it is important that the voices of children and families are heard, because they see the system from the inside and can see its shortcomings.

In Kent, more than 21,000 children have an education, health and care plan—that is 14% above the national average. As a result of rising demand and some mismanagement by the previous Conservative administration, there was a SEND overspend in a recent year of nearly £100 million, which is now being managed down by the Department for Education. At the same time, alongside all other local authorities, Kent has statutory duties to meet EHCP deadlines and provide provision. This creates a conflicting pressure. The story is the same for local authorities everywhere where there is rising demand and declining resources.

The balancing act required creates a false economy. When children do not get the support they need, they fail in their educational setting, but that means they are less likely to achieve in the world of work and are more likely to become a burden on the state in their later years. So getting this right now creates a long-term economic benefit for our society, and it is not just economically right: it is morally right that we do so to create life chances for the children under our care.

To go back to the situation in Kent, under the previous Conservative administration, only 13% of EHCPs were completed within the statutory 20-week deadline in the year to March 2024, and because of that Kent was put into special measures. I have called a number of times for that status to be continued because there was some improvement, in that the provision of EHCPs within the deadline went up to 65%. Kent was therefore taken out of special measures. But unfortunately, quantity does not equal quality. I do not have time to go into the litany of mistakes on some of the EHCPs, but they included incorrect names of schools, schools that do not exist, schools that are not approved, schools that do not have funding, incorrect needs and spelling mistakes—really basic errors.

Often, when families complain about the errors, they are told by Kent county council to go to a tribunal. This is deeply cynical. Kent county council has been using tribunals not as a last resort, but as a tactic to delay, to deter and to exhaust families. In other words, the council is using tribunals to try to get families to give up seeking appropriate support for their children. And it works. Tribunals are utterly gruelling. Families and children spend months preparing for them. The emotional toll is enormous throughout the time they are preparing, and it costs, as they have to get legal advice to go to a tribunal. All the while, they do not know whether, at the end of this year-long process, the child will get the special provision that their EHCP says they require.

I have spoken to Matt, one of my constituents, whose daughter Ella has cerebral palsy and has just finished year 4. Her original EHCP was issued when she was at nursery and was recently reissued. This is an example of the problems with EHCPs in Kent: the only change the council made was to replace the word “nursery” with “school”. When the family complained, they were told to go to a tribunal. They declined, for all the reasons I outlined relating to the financial and emotional cost.

It later emerged that Ella’s teachers believed that a mainstream school would not meet her needs. Their application for a specialist placement was lodged but rejected by Kent council, which did not consult anyone, including Ella’s teachers or parents. It was purely a paperwork exercise. The family were again told that the only option was to go to a tribunal. At that stage, because it is so important for Ella to get specialist secondary provision for her cerebral palsy, they opted to go to tribunal. They have been given a date in May 2026.

Currently, Ella has an insufficient plan because her parents declined to fight the first tribunal. They will have to wait for more than a year to fight the second tribunal, all the while wondering whether they will get the specialist provision that all the experts agree is what Ella needs.

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[Several hon. Members rose—]

[Sir Edward Leigh (in the Chair)]

Order. There will be an immediate three-minute limit on speeches.

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[Sir Edward Leigh (in the Chair)]

Order. I am sorry, but there is a three-minute limit.

[Dr Beccy Cooper]

Oh, I am sorry, Sir Edward.

[Sir Edward Leigh (in the Chair)]

It’s all right—it is a very good speech, but we have to keep to time.

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[Catherine McKinnell]

The hon. Gentleman is absolutely right. What we want is a system in which local partners work in partnership. Currently, that is inspected by Ofsted and the Care Quality Commission. I will come to the particular examples in Kent and the south-east that hon. Members have raised.

We want to support and challenge local authorities and health authorities to ensure that partnership is real, working and—most of all—delivering outcomes for children. Everything we do is focused on improving those outcomes, which is why we are prioritising early intervention and inclusive provision. We know that early intervention prevents unmet need from escalating. It supports children to achieve their goals alongside their peers, and we have a clear target for more children to meet their early development goals. We are absolutely laser-focused on improving those outcomes for children.

On accountability and inspection, Ofsted and the Care Quality Commission jointly inspected the local SEND provision. I read with great concern the inspection reports for Oxfordshire and Bracknell Forest, both of which have been inspected under the new Ofsted-CQC framework. They identified significant concerns about the experiences and outcomes for children with SEND in the local areas. The issues that have been raised are incredibly serious, and DfE officials and NHS England advisers are meeting regularly with leaders and representatives from schools, colleges and parent-carer forums to continue to review and challenge the progress against the improvement plans.

The Department has also appointed SEND advisers to provide advice and challenge to local leaders. That is happening is Bracknell Forest, Kent, Surrey, Slough, Oxfordshire, West Sussex, Medway, Milton Keynes, and the Isle of Wight. There are also additional packages of support to provide training and advice in those local areas. It is vital that rapid action is taken to improve SEND services where weaknesses are identified, and that leaders accept collective responsibility and accountability for delivering on these improvements. There is a relentless focus on driving improvement, supporting where we can and where necessary, but also ensuring that good practice, where it emerges, is spread. That is what we want to focus on with our reforms.

The number of education, health and care plans has increased each year since they were introduced in 2014. As of January 2025, there were over 630,000 children and young people with an EHCP—an increase of 10% in the last year alone. As a result of flaws and lack of capacity in the system to meet lower-level need, additional strain has been placed on specialist services, which has had a detrimental impact on families’ experiences of accessing support and contributed to creating an unsustainable system.

Many parents feel that the only way they can get any support for their child is by going through the EHCP process. However, independently published insights show that extensive improvements to the system, using early intervention along with better resourcing of mainstream schools, could create much better outcomes for children. I know that is what many constituents want to see, including those of my hon. Friends the Members for Aylesbury (Laura Kyrke-Smith) and for East Thanet (Ms Billington).

The insights show that more children and young people could have their needs met in a mainstream setting, rather than a specialist placement. That would ensure that they could go to school locally and help to tackle some of the incredible transport challenges and costs, as well as the time that young people spend travelling around. They should be able to go to their local school. We also know that it takes a vast workforce, from teachers to teaching assistants, early years educators and health professionals, to help children thrive. We are investing of each one of these to improve outcomes and experiences across the country.

As my hon. Friend the Member for Brighton Kemptown and Peacehaven (Chris Ward) said, high-quality teaching is central to ensuring that pupils with SEND are given the best possible opportunities to achieve. That is why we are implementing a coherent offer of high-quality teacher development for all teachers. It begins with their initial teaching training and goes into their early career teaching support, so that all teachers have the right skills and support to enable them to support students with special educational needs. It will enable teachers to identify those needs and to signpost if needed, as well as to adapt their teaching according to different learning abilities.

[Sir Edward Leigh (in the Chair)]

Order. The Minister needs to give the Member in charge some time to respond.

[Catherine McKinnell]

Okay, Sir Edward.

I take the points about the specialist teaching workforce, and how we need to invest in that.

Finally, on increasing the capacity in the system, we have already allocated £740 million to capital funding for high-needs capital allocations. Kent county council has been given £24 million as part of that funding. The funding is to create additional capacity in the system to ensure that mainstream inclusion can be a reality for schools—the capital allocation is there to make that happen.

I thank the hon. Member for Tunbridge Wells again for bringing forward this debate. My final word, as always, goes to those working across the education, health and care systems in the interests of our children and young people, both in Kent and the south-east and right across the country. They want to deliver the best for our children, and we as a Government want to support them to do so. I thank the hon. Member for bringing this matter to the House.