Special Educational Needs and Disabilities Funding

Layla Moran Excerpts

Tuesday 12th February 2019 Westminster Hall

[Sir Vince Cable]

My right hon. Friend is absolutely right: those are both key parts of the solution. For example, I have discovered that there are children whose need for wheelchairs—clearly a health requirement—is treated as an educational need. There are many such cases in which the finance sits in silos and is not sensibly dealt with.

[Layla Moran (Oxford West and Abingdon) (LD)]

My right hon. Friend is being very generous with his time, and I congratulate him on securing this debate. My constituent Sally Foulsham, who runs a parent group called SHIFT, is in contact with more than 100 parents. She reports that what most frustrates them is the lack of funding for child and adolescent mental health services, which is a major block to unlocking the funding that should be available for EHCPs in the first place. Does my right hon. Friend agree?

[Sir Vince Cable]

Yes. The decline in CAMHS has led to a lot of children not being properly helped at an early stage and requiring greater special needs provision as a result.

To conclude my point about finance, a large number of local authorities are in serious financial trouble, and not just in London—even those that are doing their best and are perfectly competent. Consequently, they have a large financial deficit sitting on their balance sheet. One of their main sources of anxiety is what will happen with respect to Government legislation that treats them as requiring special measures if they do not sort out the problem. At the moment, they are not sure whether to deal with the problem immediately. Perhaps the Minister could advise us what conversations her colleagues in the Ministry of Housing, Communities and Local Government have had about how to deal with the problem.

--- Later in debate ---

[Sir Vince Cable]

It is a shocking indictment, but it brings to the surface the dilemmas that many local authorities face when they are forced into a position of rationing. They are not allowed to describe it as rationing, because they would be admitting to a legal offence that could be held against them in a tribunal, but we all know that rationing takes place.

Rationing happens in several forms. One, which relates to the hon. Lady’s intervention, is that local authorities drag their feet with what were once called statements but are now called healthcare plans. I believe that the National Autistic Society says that 50% of parents with autistic children wait more than a year for those plans to appear. In other cases, provision is cut to well below the necessary standard: the Young Vision Alliance draws attention to the fact that one of the casualties of the recent rationing has been the issuing of aids to children with visual impairments, which is becoming a serious problem.

Another device that authorities resort to, although of course they do not present it as such, is refusing residential places. In most cases, inclusion in mainstream schools is much the best course of action, but in other cases residential schools are more appropriate. Yet, authorities refuse to agree to them, so the parents have to become carers while the children sit at home, become socially isolated and are never able to develop properly into adulthood.

The main consequence of the conflict between supply and demand is that more and more parents are having to go to tribunal. There has been a 20% growth in tribunals in each of the past few years, and 86% of parents win them, although perhaps “win” is not the right word—in some ways it is a lose-lose situation. Nevertheless, that is an extraordinary figure. It indicates that many local authorities are pushing parents to tribunal, knowing that they themselves will lose, incurring significant costs—about £34 million a year, I believe—simply as a way of holding off demand that they are legally required to meet.

My concluding section is about solutions. How do we deal with this? First, there is a broad acceptance that children should be kept, as far as possible, in mainstream and maintained schools rather than in more demanding provision elsewhere. That is true for educational reasons—inclusion is a good philosophy and has good results—but it is also more economical. The figures are striking: in mainstream and maintained schools, the cost is about £6,000 more for SEND pupils than for non-SEND pupils, while for maintained special schools the cost is about £23,000 more, and for private special schools it is about £40,000 more. In many cases, the private special schools perform a very important function and are of very high quality, which is clearly why people seek them out, but there is certainly some evidence that those schools are exploiting monopoly provision and taking advantage of local authorities. In some cases, they should be referred to the Competition and Markets Authority.

Notwithstanding that issue, the differential suggests an enormous demand for specialist provision that the maintained sector should cater for, but the trend is in the opposite direction. Last year, for the first time, the majority of special needs pupils were not catered for in mainstream maintained schools—a big backward step that reflects the pressures that I have described.

The second clearly undesirable mechanism being used is shifting the burden to other schools, which unfortunately is happening in my own borough. The council is deeply regretful, but it has had to ask the Department for permission to raid the schools budget because the special needs block is grossly insufficient. That is bad not just in itself, because schools are under financial pressure, but because it sets mainstream pupils against special needs pupils. It is quite wicked, actually—it creates resentment in an area in which we should be united in compassion.

[Layla Moran]

Is my right hon. Friend aware that the practice is now ubiquitous throughout the country? In Oxfordshire, we have a bizarre situation in which the heads board has refused the extra transfer of money, yet the council is now going to the Secretary of State to override what the heads of local schools believe is the right thing for everyone else. There is an inherent tension around where the money will come from. In the end, it should just be more money.

[Sir Vince Cable]

Indeed. My hon. Friend graphically highlights the dilemma that I am describing: people acting with very good intentions are now being forced into conflict, in a very damaging way.

That point brings me to the crux of the problem: the Government’s role via the high needs budget. I acknowledge that the Government have taken some action—I do not want to be completely grudging. There was an increase of £250 million in the 2018-19 and 2019-20 budgets, part of the special provision announced last year, and that is welcome. However, the LGA has run its ruler over that and has computed that it accounts for about a quarter of the deficit. It is a small step forward. A much bigger step is required.

The second thing the Government can do within existing budget constraints was raised by my right hon. Friend the Member for Kingston and Surbiton. Some money should be diverted to special needs school provision from within the large increase in cash that is being made available to the health service.

We cannot avoid the conclusion that, in the spending review ahead, the Government are simply going to have to review the weight they give to special needs provision as opposed to the normal school funding block, and to be substantially more generous in respect of special needs provision. They have announced that we have come to the end of austerity. Some of us are a bit sceptical, but this is one area where they can prove it.