My Lords, I shall speak to my Amendments, 89 and 92 to 97, and add my support to Amendment 100, mainly because it becomes very relevant when we come to Clause 70, dealing with people in detention.
My other amendments are to do with something I find odd about Clause 26. Although on the face of it local authorities and partner health bodies are required to make, have regard to and keep under review joint commissioning arrangements, there is no obligation on them to operate any of those arrangements, let alone to reach agreement. That seems very peculiar. Even when they operate the arrangements and reach agreement, the resulting provision is limited to what they agree to be reasonably required.
I go back to my amendment to Clause 21(5), because, as I mentioned then, health bodies may well argue that their position is constrained by what they consider necessary. Given how many such bodies apparently give very low priority to speech, language and communication needs and the provision of speech and
language therapists, that might mean that little or no speech language therapy would be provided for children or young people other than those who are on EHC plans. This brings us back to the problem of the vast majority of children with these needs who are not on those plans.
Clause 26 does not allow the assumption that children without plans will get what they require; nor does it mention any requirement to publicise what arrangements and agreements are available for parents or the people affected; and it does nothing to ensure that there is consultation on the joint commissioning arrangements. My amendments are designed to strengthen Clause 26 by making its tone “must” rather than “discuss”.