It is vital for our children and young people that the Bill delivers the change that they want and need, with the necessary resources, safeguards, directions and clear lines of accountability. Failure to deliver on those factors will mean that the Bill will not be worth the paper it is written on. Worse, it could lead to deterioration in service provision and huge variations in the quality of service offered to children and young people in different parts of the country.
I do not doubt that Ministers have every good intention with the Bill, but good intentions are not enough to satisfy the needs of our community. Government cuts have caused a lack of specialist services and professionals since 2010. It is for Ministers to explain how the reforms
will work in that context. The Education Committee carried out pre-legislative scrutiny on the Bill’s SEN provisions, but the sector still has concerns that funding cuts in different areas will undermine the positive impact that elements of the Bill could provide to those who need support.
The SEN clauses have created deep-seated cause for concern in the sector, possibly because of the lack of detail in the Bill. They include measures that will shift us from statements to health and social care plans. The key difference between the outgoing system and the new one is that the new plans will extend beyond the mandatory school age, which I welcome. However, the system of education health and care plans does not include a greater degree of legal entitlements than the system it replaces.
Parents with children who have SEN are rightly concerned that current problems will not be solved without a single point of accountability for parents seeking redress. That must be put right. For example, Ambitious about Autism proposes changing the Bill to include a duty that requires local authorities to conduct a review of support available to young people aged 19 to 25 when they fall out of education. That would give them the best possible chance of re-engaging in learning and accessing future employment.
I am pleased that the Government have responded to the Education Committee’s suggestion for an extension of such entitlements to apprentices and, in specific circumstances, to young people who are not in education, employment or training. However, the Government have not taken that promising first step to its logical and desirable conclusion. We should support each and every young person with an EHC plan up to the age of 25, including those in supported employment. Under the current provisions, young people at university will cease to be eligible for EHC plans as soon as they begin their courses. Surely the Government do not want to abandon such young people when they are facing the biggest change in their lives. I would like to hear what the Minister has to say on that. Is that a simple oversight that will be corrected? Campaign groups such as Every Disabled Child Matters and the Special Educational Consortium have observed that disabled children without learning difficulties will not have access to the new plan.
Scope says that the Bill represents an important opportunity to alleviate some of the strain on families with disabled children. I agree with Scope’s objective of amending the Bill to include a guarantee of better support for disabled children and their families in their local area. The Bill requires local authorities to publish information on the services they expect to be available in their areas to children and young people with special educational needs and disabilities—both with and without education, health and care plans. However, the Bill does not say what they must provide. Why are the Government reluctant to provide a national framework of minimum standards for local offers? A greater degree of guidance from the Government would improve accountability and set higher standards for local councils to fulfil their obligations under the new system.
We need assurances from the Government that the new SEN system does not evolve from an informal postcode lottery to a formal one. The National Union of Teachers has concerns that, although local authorities retain a welcome role in SEN provision, the gradual
shift away from local oversight of schools will undermine the ability of local authorities to carry out their SEN functions. What is the role of academies in that context?
I am pleased that the Government—I seem to be very pleased with them tonight— accepted the Education Committee’s suggestion during pre-legislative scrutiny that the new code of practice should be laid before Parliament, but the Bill requires that it is laid under the negative resolution procedure. It is not clear why the code will not be subject to the positive resolution given the importance of its contents. I am also concerned that the Secretary of State will meddle with the service by changing regulations.
People in the sector have shared concerns about the scrapping of school action and school action plus— the current graduated response approach to meeting the educational needs of children at school. As other hon. Members have said, around 17% of school-age pupils are on one of those programmes, and concern remains on whether their replacement with a single SEN stage will deliver what young people need.
The Minister should consider the case for expanding the definition of “vulnerable children” to include children living in custody and separated children who are seeking asylum or who have been trafficked, as recommended by the Children’s Society. It is right that action is taken to find more and better adoptive homes for children, but I hope that speeding the process up can be done without compromising the quality of child placement. Speed should never come at the expense of getting that right. No hon. Member wants an increase in the number of failed adoptions. I would be interested to hear more on the safeguards, to which the Minister has referred, for ensuring that speed does not come at the expense of getting it right.
I do not agree with the Minister and the Government that the bedroom tax is not a problem in the context of the Bill. It most certainly is a problem, particularly for foster parents, who rely on having that room available. How many places will be lost for foster children if the bedroom tax is implemented?