Academies Bill [Lords]

The hon. Gentleman should bear in mind what I said a moment ago. We would not expect special schools to be in the first tranche of academies, and we will review the funding before those schools become academies. That is entirely consistent with the Bill. We hope that when the schools have become academies the arrangements will be in place, and the seven-year period will kick in after that. We have also set up an advisory group to help us to work through, in particular, issues relating to SEN and special schools. It is because we want to use the practical expertise in the sector that the group includes heads and governors from special schools—including the non-maintained sector—and mainstream schools with specialist units, as well as local authority representation at officer and political level. As Lord Hill said in another place, the Government undertake to monitor the impact of the increasing number of academies on local authority SEN services and will continue to work with local authorities to ensure that adjustments to their funding with respect to the academies properly reflect their changing responsibilities. Make no mistake: local authorities will continue to have key responsibilities in respect of SEN, including their responsibility to statement children. We intend to ensure that that is properly funded. Officials will also be working with organisations such as the National Sensory Impairment Partnership on this matter. Where particular issues arise, I hope to reassure Members by committing to consider very carefully the local authority representations that I have just mentioned and, indeed, the contributions from both sides of the House during the Committee. I entirely understand what the hon. Member for Gedling said about Bills being improved by Ministers listening closely and carefully to Members of this House and that is very much the spirit that imbues this coalition Government. We will commit to making adjustments to local authority funding arrangements to ensure fairness; for example, local authorities can ask us to take account of SEN units housed in maintained schools so that funding for such units does not form part of the resources distributed to academies. That point was also raised by the hon. Member for Gedling. Members will be aware that an amendment was made in the other place to provide safeguards—indeed, the hon. Member for Gedling has referred to it repeatedly both today and yesterday—for the provision of children with SEN. I can confirm that we have accepted the amendment and that we intend to take the necessary steps to ensure that SEN children are protected as the noble Lords intended. On the other questions that I have not yet answered in this all too short peroration—I am not suggesting for a minute that all questions do not deserve an answer—[Interruption.] I can hear what the hon. Member for Hartlepool (Mr Wright) is saying. I described him earlier as my friend; he is now paying me back. The hon. Member for Gedling asked about the definition of low incidence SEN. The Department has commissioned a report on low incidence needs and the project specification lists definitions. We are determined to ensure that the new provisions in the Bill are reflected in the SEN code of practice, which has always been a fundamental part of implementing policy. The hon. Gentleman also referred to looked-after children. Funding for looked-after children is, as he knows, the responsibility of the education authority, and funding for educational psychologists too remains with the local authority and does not transfer to the academy. Both are outside the schools budget. I accept entirely the point about the need to retain the quality and quantity of peripatetic services. I am confident that academies will purchase those services and will face up to the responsibilities that Members across the House have made clear are so close to the intentions of those who value the role of teachers, respect the wishes of parents and regard seriously the needs of special needs children. The admissions code requires all schools, including academies, to give priority to looked-after children when making decisions as to which children to admit. That does not change as a result of the Bill. I can commit today to including within the academy model funding agreement a requirement for all academies to have a designated teacher with responsibility for looked-after children. That comes as a result of overtures made outside the House and of the comments made from both sides within the House. The law relating to governing bodies' obligations relating to SEN is in part IV of the Education Act 1996. The code of practice must also be taken into account. The academy funding agreement applies these obligations to academies, and we are absolutely sure and certain that that will not change. The hon. Member for Gedling also raised issues about how these things will develop over time. Of course it is true that we will need to consider how they develop and what changes will need to be made as a result. Let me conclude, however, because I do not want to delay the House too long. I do not want to stretch your indulgence to its famous but limited degree, Mr Evans, and I do not want to go further than my colleagues would wish in making these immensely generous concessions to the hon. Gentleman, but none the less I want to say the following. I have enjoyed the debate not merely because it has been a good example of Parliament in action, but because it has highlighted the very wide measure of agreement that exists between the Front Benches and throughout the Chamber about the significance of special needs provision and the importance of maintaining it. The Government are absolutely determined to do that in the interests of special needs children and their parents, whatever structures we put in place. On that basis I assume that because we have been so reasonable and generous, the hon. Gentleman will rush to his feet in a moment and beg to ask leave to withdraw his amendment.