My Lords, we have two amendments in this group, Amendments 88 and 90B, so I shall speak to them. They would widen the scope of joint commissioning to include all aspects of support that children and young people might need by extending the definition of EHC provision and ensuring that children without EHC plans would also be included in the arrangements. I should add at this point that we support the amendments tabled by the noble Baroness, Lady Sharp, and the noble Lord, Lord Ramsbotham, which would in their own way go further to strengthen the joint commissioning arrangements. I very much agree with the points made by the noble Baroness, Lady Sharp, about resources.
However, before I go on to the substance of our amendments, I should like to ask the Minister about the wording of the entire clause. I should be grateful if she could put on record exactly what the clause means and what it would require local authorities and health bodies to do. I say this because the clause does not seem to be about requiring local authorities to secure services through commissioning; rather, it appears to require them to set up the apparatus through which decisions about commissioning will be taken. Obviously, that is a very great difference. It says that a local authority and partner bodies must make arrangements; it does not say that they must jointly secure provision. It does not even say that they must secure the provision that they have agreed is needed. This is especially important with regard to health, where other legislation can be used to absolve them from improving legislation on the grounds of, for example, cost. So far as I can see, there is no mechanism for anyone to challenge such decisions.
Therefore, the danger is that Clause 26 as it stands simply builds a procedural structure that really does not have any teeth. Furthermore, I cannot see any leverage by which the partner bodies will be accountable for what they decide to commission. We have not tabled any amendments on these points as it would have meant a substantial rewriting of the whole clause, but I would be very grateful if the Minister could address the point about what is intended by the wording and how partner bodies will be held accountable.
I turn to our Amendments 88 and 90B. Our concern is that the needs of families, including those where the child does not have an EHC plan, are met as completely as possible. It is important that the kind of provision subject to joint commissioning is not just the kind that goes directly to the child or young person relating to either special educational provision, healthcare provision or social care provision, but includes support for families to enable them better to support the child and their siblings. Supporting a child with SEN or disabilities can be incredibly stressful for families, and it is important that we assist and support parents and families with the tools to understand and support their child’s special educational needs or disability.
In the Commons, the Minister said that there was nothing precluding joint commissioning arrangements from covering other services for children and young
people with or without SEN, and that support for families needing social care services was provided for under Section 17 of the Children Act 2004. He added that the duty in Clause 26 relates to joint commissioning arrangements for children and young people with SEN, and where the services are needed to support the child’s family as part of that package, that might be included in the arrangements.
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