Autism

Jonathan Reynolds Excerpts

Tuesday 20th November 2012 Commons Chamber

[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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[Jonathan Reynolds]

I absolutely agree with my right hon. Friend. I also agreed with the hon. Member for South Swindon when he said that the current system was not working as it should. I understand why local authorities are reluctant to award legally binding entitlements. They are concerned about how they will pay for them. The underfunding of local authorities at the moment is a scandal, but that is another debate.

When a parent needs support for their child, nothing other than the support that they require will do, as I think we can all recognise. There is some wonderful specialist provision in this country—when it can be accessed. Last September, my son transferred from mainstream education to a special school that is outstanding. To know, as a parent, that one’s child is finally getting the support that they need is an indescribable feeling, but our mission must be to ensure that more parents know that feeling.

The main point I want to raise concerns parents’ rights, and I shall also talk about the length of time during which we support young people with autism. The Minister will be aware of the concerns raised by some parents that the draft Bill, rather than extending parents’ rights, gives the impression of wanting to cut them. Parents need the continued right to request statutory assessments and to have statutory time scales for receiving them. I understand that the Government have given evidence saying that they do not want to diminish these rights, but feelings are running high on this issue. Rumours abound that, in some areas, local authorities are receiving training that might allow them to refuse assessments to children of average cognitive ability. This would completely exclude from the system children with Asperger’s syndrome and those with dyslexia or visual or hearing impairments. I would be grateful if the Minister could provide some assurance on this matter and, ideally, tell us that the draft provisions will be amended to include these rights.

I would also be reassured to know that the new education and health care plans, which will replace statements of special educational needs, will carry the same legal force. This means making it a mandatory duty for a local authority to deliver what a child needs, and not simply to use “best endeavours” to secure appropriate provision. In the current funding climate, my worry would be that that will not be sufficient to get children what they need.

In addition, I would like it to be a requirement that parents will be informed of their right to appeal the results of a statutory assessment and will have some clarification of what the process will be. Is it correct, for instance, that the education part of the EHC plans will be appealed to the special educational needs and disability tribunal, but that the plan’s health and social services provision can be appealed only by judicial review? It would seem odd to separate these two vital areas of provision when the plans are partly designed to integrate them. Again, this would mean added complexity for parents.

Finally, any new legal regime inevitably means that important points have to be fought over again, as new case law is required. For instance, are speech and language therapies educational or health provision? Where does something like physiotherapy count? All these issues could be made much simpler through Government guidance, reducing the amount of things parents have to fight over. I am sure that many charities and this House, through such groups as the all-party group, could play a role in helping to deliver some of that.

[Mr David Burrowes (Enfield, Southgate) (Con)]

There is often not much advocacy when it comes to the issue of funding for speech and language therapy. I know from my professional life as a solicitor that a disproportionate number of young people in the criminal justice system have autism. They are often not even able to communicate owing to the lack of speech and language therapy and indeed to the lack of proper assessment and identification of the problem, particularly when they are in custody. Does the hon. Gentleman think that this is another issue in respect of which we need at the very least continuity of care when young people go into custody and also better identification of autism and better provision of speech and language therapy?

[Jonathan Reynolds]

I thank the hon. Gentleman for making that point, and I absolutely agree with him. It reminds me of the previous point about how, because the system does not work adequately, so many young people—and older people too—have ended up in inappropriate areas, whether it be in the justice system or in behavioural therapies, when what they need is the right support: it may be available, but they have been unable to access it.

As I have highlighted a number of concerns about parents’ rights, I would like to say how incredibly heartened I am—the hon. Member for South Swindon mentioned this, too—by the Government’s proposal to increase the age at which we support young people with autism up to 25. Let us not stop that support for a young person when they leave school or further education; let us keep it there so a young person can still get support if they return to education after taking on an apprenticeship or employment.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

I commend my hon. Friend and, indeed, the hon. Member for South Swindon (Mr Buckland) for conveying their personal experience. I spent 14 years of my life as a teacher in special education and, as we have heard, many children have difficulties because they are on the spectrum. Is my hon. Friend aware that when people leave education formally—whether it be at 16 or 18—they immediately lose their disability living allowance and have to reapply for it as adults? Many people then become slightly alienated from parental help and other services. One service that my hon. Friend has not mentioned is social services. There should be not just health and education services, but social services and a statutory duty on the employment services to take on these people, with a duty of care, which does not exist at the moment in any department or any jurisdiction in the UK.

[Jonathan Reynolds]

Again, that is an excellent point. Outcomes and employment transitions are hard for all young people, but they are particularly hard for young people with autism. Any extra support or assistance we can give to make that easier is definitely worth looking at.

On teacher training, I am always conscious that we ask that teachers be given training on so many issues, particularly those that interest us as parliamentarians. Ideally, we would get them to cover a huge amount of things, but that is not possible. However, there are a significant number of children with autism in the education system, and any additional training or guidance that could be given to teachers to increase their awareness not just of the condition itself but of its complexity, and the fact that it is different for every child on the spectrum, would be extremely advantageous. The work of the Autism Education Trust has already had a very successful impact, and I think we all hope that it will be possible for that work to continue.

We know that for too many of the families of people with autism the process of obtaining support is too hard, that we need to make it better, and that there are many organisations and bodies that could help us to do that. I welcome the Government’s initial steps in that regard, but I hope that they will also take on board some of the points that I have raised, which I am sure will also be raised by other Members. If we can make access to support for young people with autism just a little bit easier, we will have done the right thing by those young people and done a great service to their families. We will also have done the right thing by the education system, and gone some way towards ensuring that every child has a chance to fulfil his or her potential.

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[The Parliamentary Under-Secretary of State for Education (Mr Edward Timpson)]

This has indeed been a truly excellent debate. I join all those in the Chamber today in congratulating my hon. Friend the Member for South Swindon (Mr Buckland) on securing so much time in the main Chamber for what we all agree is a very important subject. As the parent of a child with autism, whom I was privileged to meet last week, my hon. Friend has championed the cause of all children and young people who are on the autistic spectrum with such diligence, passion and vocation. It is a testament to him that in his constituency the Swindon SEN Network is proving to be a real help to many children. I am pleased to be able to pay such a heavy tribute to him.

I should also pay tribute to my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan) for her work. She was instrumental—indeed, she played a pivotal role—in getting the landmark Autism Act 2009 on to the statute book. The impact of that Act continues to resonate to this day. I also pay tribute to you, Mr Speaker, for your work to make many more people aware of the plight of young people with autism. I am pleased to learn that, in Baroness Browning, the hon. Member for Hayes and Harlington (John McDonnell) and I have a mutual friend—not something I ever expected—and that we are both benefiting from her vast experience. Finally, I join others in praising the work of the all-party group on autism, its Chair, my hon. Friend the Member for South Swindon, and all the officers here today.

I thank all hon. Members who have contributed so constructively to the debate. It is heartening to hear that there is strong cross-party support for the general thrust and direction of our reforms. I shall endeavour to cover as many of the points made in the debate as I can, but if fail to do so in the short time available to me, I shall of course answer in writing to the hon. Members who made them.

My hon. Friend the Member for South Swindon spoke about his personal experience. He explained how he and his family had been through the mill because the system had not worked and how, like many parents, he felt that there was an obsession with process and categorisation, rather than with outcomes for children with autism. I shall try to answer that and many of the other points he made in the body of my speech.

The hon. Member for Stalybridge and Hyde (Jonathan Reynolds) also spoke from personal experience of bringing up a child with autism. His was a powerful and thoughtful speech, and I shall pick up one or two of the points he made now, because they are important. He talked about parents’ rights, and I intervened on the hon. Member for Hayes and Harlington to clarify the point, which I also discussed with the Select Committee. The new system of education, health and care plans will carry through all the rights that parents have under the current statementing system—in fact, they will be extended in some circumstances. Young people will also have additional rights, such as to choose the type of further education establishment they attend, and we will also run pilots in which children have the right to take cases to tribunal. In no sense are we attempting to diminish the rights available to parents; instead, we are trying to enhance them. The legal force of an education, health and care plan will be the same as that of a statement. I hope that that gives the hon. Gentleman some reassurance.

[Jonathan Reynolds]

Parents across the country will be reassured by the Minister’s statement. What form does he believe that provision will take? Will it be made by amending the Bill, or through secondary legislation and regulations? If that is the case, perhaps members of the all-party group could be part of the process, to help make the legislation as effective as possible.

[Mr Timpson]

The legislation we have is in draft form and is undergoing pre-legislative scrutiny. We are listening carefully to all the concerns raised by parents and others to make sure that, as all speakers have said this afternoon, we get it right. Where it is not clear, we are happy to look and to make sure that it is absolutely clear. Of course, with the code of practice and regulation to come, we have the opportunity to set out in more detail how everything will hang together and play out on the ground for parents. I was pleased to hear the hon. Member for Washington and Sunderland West (Mrs Hodgson) say that the Opposition want to play a role in developing that.