My Lords, one of the joys of speaking towards the end of a long debate such as this is that most of the points that you wanted to make have been made more eloquently than you are capable of. That is certainly the case in respect of Part 3 of the Bill. As others have done, I welcome the aspirations behind the Bill, and I share some of the concerns that the Bill as drafted does not fully meet those aspirations. In particular, I share the concerns about the 1.4 million children with special educational needs who do not have statements. As school action and school action plus disappear, I am concerned about how those children will be properly provided for.
I share the dismay of the noble Baroness, Lady Warnock, and others, that higher education is strangely excluded. I share the concerns of the noble Lords, Lord Storey and Lord Ramsbotham, among others, about the exclusion of children in custody. I agreed with many of the points made by the noble Baroness, Lady Sharp, about further education colleges. In particular, I am perplexed that million of pounds have been spent on 20 pathfinders, to enable them to test out aspects of the funding behind these reforms in local authorities. Little evidence has been provided to date, and they have now been extended until September 2014 in order for sufficient evidence to be gathered and evaluated, and yet obviously that will not be in time to support the passage of this Bill or the development of the code of practice.
That enforces the concern that the Government’s admirable motivation to get on with this may perhaps cause them in part to rush at some of these things without the evidence that we need. I certainly share the concerns expressed by the noble Baroness, Lady Grey-Thompson, about choice and inclusion. We need to ensure that the parents of all children with special educational needs have a real choice, and that we do not return to the days of some children essentially being parked in provision that is not challenging and not really education, just the minding of those children.
I would like to ask the Minister a couple of questions about one area of Part 3, which is the dry subject of data. I understand from those who I have spoken to that we do not actually know on a local authority by local authority basis how many children will be provided for in these plans. I would be interested to know if that
is the case and whether there is any evidence that could be published over the Summer Recess to show that. In trying to work this out, I looked for an impact assessment for those clauses of the Bill that would have been drafted by the Department for Education, but I could not find one, despite the Cabinet Office guidance that impact assessments are generally required for all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations or public services. This Bill certainly does that, so it seems odd that there is no impact assessment to help us make those judgments.
I am also interested in the data-sharing powers that might be needed for these plans to work. Having read the draft code of practice, I draw the attention of noble Lords to page 42, where it states:
“Before providing a child or young person with the Additional SEN Support, a rigorous assessment of SEN should be undertaken by the institution using all available evidence/data sources, such as attainment and historical data, the child or young person’s development in comparison to their peers, information from parents and, if relevant, advice from external support services”.
I remember painfully taking through the data-sharing powers around raising the education leaving age to 18. If we are now starting to integrate, as we should, care services and health services, I would like to know where the data-sharing powers are to allow that effectively to happen.
I shall address the rest of my comments to Part 6 of the Bill. I shall tell noble Lords a little of the story of a woman called Lucy Herd and her son Jack. In September 2008, Lucy gave birth to Jack, the third of her children. It was a particularly emotional time for her since she had lost five children through miscarriage and regarded Jack as a miracle child. After three days in hospital because Jack had jaundice, he came home and was a remarkably happy, cheerful and loving baby. In August 2010, Lucy was preoccupied in the kitchen, but then noticed that Jack was lying face down in the garden pond. Despite her efforts to resuscitate him, and those of neighbours and eventually the paramedics, unfortunately Jack died. Lucy’s partner, her husband, was working on the other side of the world at the time and needed a good 24 hours to be able to come back to comfort Lucy and receive comfort for his grief at their loss. Obviously, Lucy was also dependent on members of her immediate family, her mother and her siblings.
What Lucy found was that although she was able to take time off to deal with her bereavement, her husband had to return to the other side of the world after only five days because that was the limit of the time off that he was allowed. Her mother, a teacher, was allowed seven days of time off to cope with the bereavement and to provide support, while her siblings were allowed only 24 hours. Lucy discovered that there is no statutory entitlement to bereavement leave when your child dies.
I think that this is something that we should address in Part 6. I have referred Lucy to the CBI and the TUC to discuss this with interested parties and the current indications from the CBI is that it has some sympathy with doing something about this. Perhaps a period of two weeks’ time off and using the rest of the time as parental leave as one would if the child was alive might be an appropriate way forward. Lucy has put a
petition on the No. 10 website and has had a response from the Government, from which I will read a short passage so that noble Lords know their position:
“Whilst there is no specific right to ‘bereavement leave’, all employees do have a day-one right to ‘time off for dependants’ which allows them to take a reasonable amount of time off work to deal with unexpected or sudden emergencies, including when a close family member dies. Time off will cover arranging and attending the funeral. Employees who exercise this right are protected against dismissal or victimisation. The right does not include an entitlement to pay. The decision as to whether the employee will be paid is left to the employer’s discretion or to the contract of employment between them”.
I simply ask this question: why do we need to introduce a statutory right to time off in Part 6 for parents, which I welcome, when their children are alive, but not for those parents who go through the unimaginable tragedy of losing a child? That is an anomaly that we need urgently to address. Would the Minister, or one of his colleagues in BIS, be willing, before we go into Committee, to meet Lucy and me to discuss the current government position, perhaps with a representative from the CBI, to see whether we can find a way forward?
Along with every Member of the House who has spoken or is about to speak, I look forward to improving the Bill. There is plenty of work to be done and I look forward to working with the Minister on this, his first Bill, and wish him all the best with it.
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