My Lords, the noble Lord, Lord Addington, has had a pretty good run for his money and has got not only unanimous but very voluble support from the other Members of the
Committee. I would not detract from that one whit. I support every word he said and what others have added, but I wonder whether I may crave the Committee’s indulgence to make a slight change of subject.
I shall speak to Amendment 192 in this group, which is tabled in my name and the names of the noble Lord, Lord Touhig, and the noble Baroness, Lady Sharp. It is a probing amendment which would require schools to retain the current system of school action and school action plus. We may not have formulated the amendment perfectly, and I am sure there is room for plenty of discussion about how it might be focused or targeted more precisely. I am anxious to learn more about the Government’s thinking in seeking to abolish the current stages of school action and school action plus. As we know, the Government are replacing that graduated approach with a single SEN category. The amendment refers to schools, but my concerns also relate to how early years settings and post-16 institutions will meet the needs of children and young people with SEN.
My reason for tabling this amendment is that, like the Government, I believe that policy should be developed on the basis of robust evidence. Changing the way the SEN system operates in every English school and early years setting could be very disruptive. We need to be sure that any change will genuinely improve outcomes for children and young people before we embark on what is quite a major change. From what we have heard so far, it seems that the Government’s intention here is to improve the identification of special educational needs. The Ofsted report, A Statement is not Enough, published in 2010, suggested that some children and young people were being wrongly identified as having special educational needs.
Improving the identification of special educational needs is a goal everyone would support. However, my understanding is that the Ofsted report did not in any way indicate that the problem resided in the graduated approach of school action and school action plus. The same is true of the Lamb inquiry, which also picked up on the issue of identification, but did not indicate in any of its 51 recommendations that the problem arose from school action and school action plus. Neither of these important investigations proposed the removal of the current system, so I wonder on what evidence the Government are basing their decision to move to a single category of SEN. Everyone has been encouraged by the reference in the recently published draft code of practice to “a graduated response”. Since the Government remain committed to a graduated response, which is provided by school action and school action plus, one wonders why they are so insistent on the need for this change.
I should also like to pick up on the fact that the draft code of practice removes guidance on the use of individual education plans. IEPs were a key feature of the school action and school action plus system. They set out educational targets, the agreed SEN support and how progress would be measured. They require schools to involve children, young people and their parents in the process and are vital for parents when holding schools to account. When used properly, IEPs
are a simple and effective way of recording targets, putting support in place and tracking the child’s progress. While they might not always be used as effectively as they might be, would it not be better to seek to improve the way IEPs are used than to scrap them altogether?
The Government are not opposed to schools retaining these types of records. The draft code says that schools should keep records and that these can be shared with parents. Again, therefore, one is prompted to ask why the Government are getting rid of something so valued by parents when they continue to support the principles behind it. I would be extremely grateful if, when he responds to the debate, the Minister could set out the Government’s thinking and give us the rationale for these changes and, in particular, the evidence on which they are based. It seems that the Government still support the principles of a graduated approach and keeping good records, so it is important that we understand why we need what is really quite a major change.