SEND Provision: South-east England

Debate between Edward Leigh and Mike Martin

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.