Armed Forces Bill (First sitting)

Pam Cox Excerpts

Tuesday 24th March 2026 Public Bill Committees

[Pam Cox (Colchester) (Lab)]

Would the hon. Gentleman agree that due regard is a long-established legal concept that lots of public bodies already understand? It is already routinely applied in practice, and to change the definition for the purposes of the Bill would be to go down an erroneous path.

[David Reed]

I thank the hon. Member for her intervention; she is an expert in these areas.

National Governments have legal teams to help them interpret the concept of due regard and apply it evenly across their Departments. When we get down to the local council level—I think we have all experienced this—that might be more inconsistent because the skills might not be there to bolster that support. We need to make it clearer. It might not be a case of changing the nature of due regard but of making it more explicit so that councils can interpret it.

--- Later in debate ---

[Mr Francois]

Although my hon. Friend the Member for Exmouth and Exeter East is leading for the Opposition on clause 2, I nevertheless want to make a particular point in relation to special educational needs and to adoption and fostering. I want to emphasise some issues related to educational aspects of the armed forces covenant. I shall therefore speak to amendment 11, tabled in my name and that of my hon. Friends, which relates to the continuity of special educational needs plans, and to amendment 12, tabled by the same Members, which relates to fostering and adoption.

I am sure that all right hon. and hon. Members on the Committee will be familiar from their constituency casework with the challenges presented by the special educational needs issue. I therefore rather hope they might have some sympathy with amendment 11, the essence of which is to allow serving families with a child who has been awarded an education, health and care plan, or its equivalent in the other nations of the United Kingdom, to transfer that support without penalty if they are required to move between bases, for operational or other reasons, from one area of the country to another.

In the modern parlance, I have been on a journey in relation to this issue, so let me explain briefly to the Committee why I feel so strongly about it. Over the past few years, multiple parents have come to my constituency advice surgeries in connection with this issue. In a number of cases, they have been through what I admit is a bureaucratic assault course, sometimes lasting two years or longer, to establish an EHCP for their child or children. Having been through that gruelling experience, which can sometimes even involve attending an appeal hearing in front of a judge, they have often been confronted with the further challenge—even having won such a valuable document, which provides important additional support for their child—that they still cannot find a special needs place. Their child therefore has to be accommodated somehow in mainstream education, even if their condition is such that mainstream education is simply not appropriate in their case.

[Pam Cox]

I cannot help noting that the poor performance of SEN services in Essex is largely down to Conservative-run Essex county council, whose arrangement the right hon. Member and I share.

[Mr Francois]

I was hoping to approach this in a relatively non-partisan manner, but if the hon. Lady wants to mix it, I am happy to do so.