Academies Bill [Lords]

Robert Flello Excerpts

Thursday 22nd July 2010 Commons Chamber

[Vernon Coaker]

I beg to move amendment 71, page 3, line 7, at end add—

‘(7) Before making any payments under an Academy agreement the Secretary of State shall make an assessment of the extent of centrally-provided SEN provisions that, were the school to operate as a maintained school—

(a) would be required by a school with the likely pupil profile of the proposed additional school, or

(b) is currently called upon by the maintained school which is converting to Academy status.

(8) Before making any payments under an Academy agreement the Secretary of State shall make an assessment of the likely disruption to centrally-provided SEN services that might result from equivalent reductions in local authority budgets.

(9) Payments made under an Academy agreement must reflect the assessment made according to subsections (7) and (8).’.

We come to another important amendment. However, before I start, I should like to welcome the hon. Member for South Holland and The Deepings (Mr Hayes) to his new post. He has just been allocated a ministerial post in the Department for Education, as the Minister for Further Education, Skills and Lifelong Learning. I congratulate him on that appointment, which I gather will involve shared ministerial responsibilities with the Department for Business, Innovation and Skills. I very much welcome his appointment to that position, and I know that he will work with diligence and determination. He and I have known each other for a long time. We go back over a number of years, in our various roles in Nottinghamshire, so I sincerely hope that he does well. I wish him the best and wish him good luck with things over the next few months, years or whatever it turns out to be. [Interruption.] Well, maybe not decades—I certainly will not be here if it is, but that is another story.

I have tried to be conciliatory and reasonable in the debates on amendments that we have had so far in this Committee stage on the Floor of the House. The debate, on a whole series of issues, has so far been of a high standard, with contributions by Members from all parts of the House, as is appropriate for the Committee stage, which in many respects is different from the full debates that we often have on motions. The Committee stage is about trying to ascertain what the real meanings of clauses are and what the consequences of different parts of the Bill will be, and to see whether we can adapt, change and improve the legislation, or at least the guidance that goes alongside it.

Nowhere is that more important than in special educational needs. I do not doubt for one minute that Members from all parts of the Committee will have at the front of their minds how we can ensure that the provision that we make for special educational needs—particularly through the changed arrangements, with the academy model proposed in the Bill—protects those with special educational needs. Again to be reasonable, we also know that the Government made some amendments in the House of Lords that significantly improved the Bill. If I might say so, those changes—made as a consequence of the debate and discussion in the other place—have made a significant difference to the Bill, a point that is also worth putting on record.

The point of amendment 71 is to try to understand in more detail the consequences for special educational needs provision of the changed arrangements for schools, with more schools opting out, becoming academies—or free schools—and being independent of local authorities. We want to know what that will mean for the provision of services for those young people who we would all want to ensure received the quality of education and support that we would want them to receive.

There is no doubt—I am sure that this would be true whatever the challenges that existed—that we can all point to the quite exceptional services provided by local authorities to support young people with special educational needs, either in school or through their families. Often, the important thing is not just the support that the child receives in the school, but the support that the family receive to support their child in that school. Clearly, the local authority’s role in that is crucial. I am sure that we can point to many excellent examples, but I know that we could all identify instances where things have not worked out so well, and where a local authority has not provided the standard of service that we would want. Overall, however, the role of the local authority in co-ordinating support is extremely important.

[Robert Flello (Stoke-on-Trent South) (Lab)]

Does my hon. Friend accept that there are far too many young people across the country who still have not even gone through the assessment process with their local authority and been identified as having special educational needs?

[Vernon Coaker]

That is a very good point. I mentioned yesterday that this is not simply a question of young people being assessed by a local authority and not receiving a statement, even though most people think that they should have received one. I have no professional expertise in that area, however.

To be fair to the Government, the inclusion in clause 2 of proposed new subsection 8A, which deals with low incidence special needs, is important and significant. We are talking not only about the young people who everyone would expect to have statements for their special needs, and for the first time the Government have put into the legislation the term

“low incidence special educational needs or disabilities”.

That represents a significant improvement to the Bill. I know from my own experience that young people with low incidence special needs often do not receive the support that they deserve, and neither do their families. They often do not receive the kind of educational or social support that they need.

--- Later in debate ---

[Vernon Coaker]

That is true, and it is stated in the Bill that where a local authority fails to secure satisfactory provision the Secretary of State may intervene and make “alternative arrangements”. The problem is what does “low incidence special educational needs or disabilities” mean? How will a local authority or a school—an academy or special school—know whether they are meeting the expectations of the Secretary of State without a definition of what that actually is? Without that, the response will just be subjective, with people saying, “That isn’t very good” or “That isn’t working,” which is clearly unacceptable.

The Minister might not be able to do this today, but it is extremely important that at some point—even late on Monday—something is read into the record that defines what that term means. Other Members may disagree, but it is my view that for that to be done otherwise through guidance or a letter will not be sufficient. The force of Parliament needs to be behind some definition and criteria for the term, over and above its mere mention in the Bill and, even with the best intentions, something in a code of practice. I cannot say how important that is to making this bit of the Bill work.

[Robert Flello]

What I say will to some extent reiterate the point made by my hon. Friend the Member for Sefton Central (Bill Esterson). For a host of reasons, not the least of them financial, local authorities will already decide how well to staff the team who go out and make the assessments, and if there is any wriggle room whatever they will wriggle: they will avoid putting resources into that team or department. It is therefore crucial for the future of some of the most vulnerable children in this country that we get something on the record today so that local authorities—of whatever colour—cannot wriggle out of their responsibilities.

[Vernon Coaker]

That is right, and my hon. Friend’s comments highlight that we are not trying to make a party political point. We want to ensure that that is the case for local authorities of all political colours and types; that is fundamental and crucial. As I have said, however, I accept that it may not be possible to do this today, as the lawyers will, no doubt, need to check it.

--- Later in debate ---

[Vernon Coaker]

I am saying that the existing state of play is not good enough and that the amendment that was made in the House of Lords to apply the 1996 Act to academies was a good one. We are debating the further changes that the Bill will make to delegate funding straight to schools rather than via local authorities—money that would have been retained centrally to provide services. Government Members—not only Front Benchers, but Members such as the hon. Lady—need to explain how SEN services that are currently provided centrally will be protected if all that money is delegated out to schools. How will that work? The point of this Committee is to understand the Government’s thinking about how that will happen.

[Robert Flello]

rose—

[Vernon Coaker]

Before I give way, let me say what we did yesterday, very successfully. I gave way a lot, and nobody complained at the end that we did not get anywhere, so I will keep giving way, if it means that nobody complains.

[Robert Flello]

I am most grateful to my hon. Friend, who is extremely generous in allowing interventions. My apologies for labouring the point, but I think that it is crucial. My view is that we have not made enough central provision for special educational needs services. My fear is that the measures, instead of going further and strengthening the central provision of SEN services, will water it down.

--- Later in debate ---

[Pat Glass]

The amendment is on a really important matter, and the fact that so many Members are present after 4 o’clock on Thursday shows how important.

Given my background in this area, I wish to start by saying that a lot of it is about definitions. I welcome what the Minister has said, but as someone who is steeped in the issue and has worked in special educational needs for many years, I have to say that I am sorry, but it just is not enough. SEN is a notional term—it is almost in the eye of the beholder. It is not defined in law. There is a huge code of practice intended to give the term feel and shape, but that code of practice is nothing more than guidance. It mentions the responsibilities of local authorities, but not necessarily those of schools or academies. If we are to rely on the code of practice, it will need to be rewritten with those things specifically stated.

SEN is also a disputed term. The very fact that we have an SEN tribunal, with which local authorities struggle all the time, and which is large, growing and very costly, and that SEN cases are in the courts all the time, suggests that the term is not defined now and will become less defined in future.

I have gone into many schools, some of which achieve incredibly highly, and found that 50% of their children are on their SEN register. That is clearly nonsense, and there are all kinds of reasons for it. It is the teacher in the classroom, or the head teacher, who defines whether a child has SEN and places them at school action or school action plus. In many cases, they do not even advise the parent. That is illegal, but it happens. Head teachers do that for myriad reasons, including that they feel it will improve the school’s contextual value added and its standing with Ofsted.

Some local authorities still delegate funding on the basis of school action and school action plus, however stupid that may seem, as I tell them. The number of children who are at school action or school action plus or defined as having SEN depends on so many different contextual issues in different places.

That brings us to the comments about who gets a statement and who does not. In defence of my former colleagues, I have never dealt with services that do not want to do a good job or want to prevent children from getting the support that they need. However, they are rationed services and they have to prioritise. No matter how much money the previous Government and the Government before them put into the more severe and complex end of SEN, which is growing, it inevitably drifted off to the less severe end. That is why there is a problem of children with statements who should not have them, and others who need them but do not get them. I hope that the Government can resolve it, but previous Governments have not been able to do so. One can put as much money as one likes into the hard end of SEN, it will inevitably drift off to the mild end of the spectrum.

As the Chair of the Select Committee rightly pointed out, low incidence SEN is exactly that—SEN that occurs rarely. It is sometimes called, “low incidence; high need; high cost.” Low incidence SEN services are generally classified as services for deaf and hearing impaired children and for blind or partially sighted children. Autistic spectrum disorder is not classified as low incidence SEN. It was in the past, but it is the fastest growing SEN. What will happen to autism services? If the provision is not defined, services for children with autism may be delegated.

[Robert Flello]

I am listening with great interest to my hon. Friend’s extremely well-thought-out speech, which clearly shows her vast knowledge. Does she recognise the situation that I came across in one of my surgeries at the end of last week? A family came to see me about their 18-year-old son, who is now, sadly, in the criminal justice system. It took until he was 14 before he was diagnosed with autism—far too late for the proper interventions to be made. He is now 18 and in the criminal justice system.

[Pat Glass]

Sadly, that happens far too often. Unfortunately, when children are diagnosed with ASD or attention deficit hyperactivity disorder, whether they are put through the behaviour system or the autism system greatly depends on family background and the clinical specialist they see.