My Lords, I can understand why the noble Lord, Lord Low, tabled Amendment 33D, which would regulate the special education provision to be provided by local authorities. That sounds sensible and reassuring. However, the practicalities of regulating provision in such a way would, despite what has been said in the contributions from noble Lords, cause unnecessary restrictions on provision and prevent innovation and creativity that could bring about new and supportive services.
The duties on local authorities and other bodies to assess needs and secure provision are already set out elsewhere in the Bill. There are already some excellent examples of local offers—for example the pathfinders in North Yorkshire that worked with parents and young people to produce an interactive map and colour-coded diagram, including a version for children and young people, showing precisely what the local offer would be.
Funding allocated to councils by the Government for education, including SEN provision, can vary greatly, even for similar or neighbouring local authorities. That is one reason why provision may vary between areas. We know that the new national funding formula will not be introduced until after the next election. SEN provision also varies from one local authority to another because of the nature of the population. There are higher levels of need in some areas, which require the local authority to provide more specialist services than in others areas that may have no such requirements or quite different needs.
Defining in law a minimum level of provision may actually mean that resources in some authorities are diverted from other areas of special need simply to meet a legal requirement. Health needs also differ between
local areas. That is reflected in the local joint strategic needs assessment, which is based on the needs of the local population. Surely the key purpose of the local SEN offer should remain as a source of information to parents and young people, developed by local authorities working with them to reflect their choices and preferences.