I am extremely grateful to you, Madam Deputy Speaker. Your exhortation allows me to move on to the other amendments in my name, which I will deal with as expeditiously as I can.
Amendments 40 to 43 deal with young people over 18. The extension of legal protections for young people with SEN up to 25, which is at the heart of the Bill, is warmly welcome. However, the Bill states a number of times that local authorities “must have regard to” a young person’s age when making decisions on the support they receive after they are 18. We understand that the extension of provision to 25 does not create a blanket right to education for all young people with SEN, but we are concerned that the current drafting could give another get-out to local authorities, which could use the fact that a young person was over 18 to deny them support. Therefore, I suggest the removal of the phrase
“must have regard to his or her age”
to avoid that unintentional consequence.
Amendment 44 relates to the duty of health commissioners. As I have said, I welcome that extension, which is a significant improvement, and which breaks the problem of the silo effect on education and health care plans. However, in the amendment, I am asking
whether the provision goes far enough. Clause 37(2)(d) places a duty on local authorities to include in the plans health provision that is “reasonably required” by a child or young person. With clever lawyers, arguments could arise over the meaning of “reasonably”. We should therefore delete that word.
Clause 37(2)(d) also states that health services that must be included in the EHC plan must be linked to the
“learning difficulties and disabilities which result in”
the special educational needs of
“the child or young person.”
In other words, the health provision must be linked to the specific impairment that has resulted in the child or young person being considered to have SEN. If the health need is not specifically linked, it does not need to be included. The danger is that limiting the requirement could result in confusion and, bluntly, injustice. For example, if a child with Down’s syndrome has a related heart condition, health provision needed to support their medical needs would need to be included in the EHC plan. However, if a child with Down’s syndrome has chronic asthma, which is unrelated to their Down’s and does not result in the SEN, there is no requirement to include the medical need in the plan. Such a distinction works against the Government’s intention to create a co-ordinated system. Once again, energy is being wasted on arguments about what is related to the special need. Let us try to cut the Gordian knot and deal with the issue in a straightforward way that does not create confusion and the potential for litigation.
2.30 pm
Amendment 45 relates to our debate on the status of higher education institutions and their inclusion in the new framework. It is welcome that further education will be part of the spectrum of provision. It is right to say that many universities already meet the needs of disabled young people well, with the provision of disabled students allowance and other assistance. However, we still hear far too many stories about disabled students having to battle to get the wider support they need to access higher education and the problems they face in securing support from local health and social care services. The current proposals stop once a young person goes into higher education. Therefore, there is a concern that more needs to be done to include universities. Again, I pay tribute to my hon. Friend the Minister. He rightly acknowledged the need for further discussions with universities, and I know he will look carefully at our submissions.
Amendment 46 relates to accountability for the local offer, which is one of the cornerstones of the Bill. That has to mean something for families and young people, so the question of accountability is key.