Children with SEND: Assessments and Support

I beg to move,

That this House has considered e-petition 711021 relating to assessments and support for children with SEND.

It is a pleasure to serve under your chairmanship in this extremely popular debate, Dr Huq, and it is a privilege to open it on behalf of the Petitions Committee. Over 122,000 people have signed this petition, led by Save Our Children’s Rights, parents and organisations including the Independent Provider of Special Education Advice, Special Needs Jungle and SOS!SEN. Their message is clear: the primary goal of education policy must be to ensure that every child fulfils their potential to the maximum degree possible. They are deeply concerned that weakening statutory duties would reduce not just rights but opportunities.

What do we mean by SEND? It is a legal term: a child has special educational needs if they have a learning difficulty or disability that means they cannot use standard educational facilities without extra help, and if they require special educational provision—extra or different support from what is normally provided. This can include one-to-one support, smaller classes, adapted curricula or therapies such as speech and language support. A diagnosis is not required. What matters is whether the child’s needs make learning harder and whether extra help is essential to their participation and progress.

We all know that the system is under immense pressure.

I welcome the Government’s allocation of £740 million to the 10,000 new places for pupils with SEND. However, there are still serious funding concerns in my constituency. One school told me that its funding shortfall is around £22,000 per pupil for those requiring one-to-one support. Does the hon. Member agree that, without adequate and sustainable funding, local authorities and schools will struggle to deliver on their legal duty to support children with SEND?

I thank the hon. Member for his intervention. Given the number of people who want to take part, I will proceed with my speech to allow the maximum number possible the chance to speak.

We extended support from birth to 25 in 2014, replacing statements with holistic education, health and care plans, but those reforms coincided with major funding pressures. Families now routinely have to enforce their rights through tribunals, with almost all appeals finding in their favour.

Last week, a new Institute for Fiscal Studies report confirmed the seriousness of this crisis. It found that, since 2018, the number of pupils with EHCPs has grown by nearly 80%, from under 3% to over 5% of pupils, while local authorities face cumulative high-needs deficits, which are projected to reach £8 billion by 2027. The report also shows that the cost of independent special school places is now more than double that of state special schools on average. The IFS warns that, without reform, spending pressures will balloon over the next few years.

The hon. Lady is making a very powerful case, and we all agree that we want to get the system right. Can we also all agree, because there is not a Reform Member here, that the comments about the system being “hijacked” were completely inappropriate and do not speak for the needs of the children we all want to represent, and that we all in this room condemn that as being without foundation? [Hon. Members: “Hear, hear!”]

I barely need to respond to that, as the sentiment in the room is very clear. I thank the hon. Member for her intervention.

Only one in five children leaves school with their dyslexia identified. A constituent of mine told me that, although he was diagnosed with autism in lower school, it was not until upper school—thanks to the excellent support at Grange academy in my constituency—that teachers truly understood his needs and he began to flourish. Does the hon. Lady agree that we must improve routine screening for neurodivergent conditions so that every child can be identified and supported early, and given the best chance to learn and reach their full potential?

I thank the hon. Member for his intervention, and I agree that early intervention absolutely pays dividends in the long run.

Early intervention is exactly the issue at play here. The reality is that for many families in my constituency who have managed to acquire an EHCP, it has come only after considerable delay. Does the hon. Lady agree that we must protect legal rights and move from a system that focuses too much on later interventions to one that focuses more on earlier interventions, and that the right test will be whether the new system gets more support to more young people more quickly?

I totally agree with the hon. Member’s intervention. Change must focus on early support, mainstream inclusion and capacity, which is exactly what the petitioners are calling for today. In the light of that evidence, the legal rights given by EHCPs are not a luxury but a necessary tool for ensuring that children get the support to fulfil their true potential. Without these legal rights intact, many families face months or years of legal challenge or delay just to obtain what should be automatic.

Recently, I held a roundtable for parents and carers, and we had a very moving discussion. One parent spoke about how her son had not been to school since January and had missed out on his GCSEs. Does the hon. Lady agree that we need a holistic procedure whereby schools and local authorities work with the NHS; that we should have dedicated special educational needs co-ordinators in schools; and that teacher training should include SEND so that teachers are equipped to deal with these children?

I thank the hon. Member for his intervention. I, too, have hosted roundtable events such as the one that he describes, and I agree that collaboration and greater education across the board is the way forward.

Three guiding principles should underpin the Government’s White Paper and coming reforms. First, early intervention must be real. If mainstream schools had better statutory support earlier, fewer children would need EHCPs. Making SEND support stronger and more reliably available would allow many needs to be met before they escalate.

I thank the hon. Lady for her fantastic speech. In Staffordshire, I met representatives of one of my local specialist schools, who said that it receives 200 applications for just 20 places. On top of that, many of our state schools and those who wish to provide support to students with special educational needs are struggling with capacity. Does she agree that it is of the utmost urgency that our county councils, such as Staffordshire, start to get to grips with the issue of placement and support in schools?

I thank the hon. Member for her intervention, and I agree.

Secondly, individual need absolutely must be at the heart of provision. Every child, and their needs, is different. Generic packages or waiting until needs become acute undermines potential. Provision must be tailored so that each child can achieve as much as they are capable of. Thirdly, we need capacity and accountability. The system should get decisions right the first time.

There are some tragic stories of horrendous errors with EHCPs in my constituency. Does my hon. Friend agree that it is incredibly important that accountability is maintained in the system? If we cannot get it right now, how will we be able to—under the potential threat of EHCPs no longer existing—ensure that families and children are protected and get the support they need, and that the accountability of county councils and local authorities is maintained?

I thank my hon. Friend for her intervention —I was about to expand on that very point. The high success rate at tribunal reflects systemic problems, not overdemand.

Last week, I was contacted by a mother in my constituency who was not happy with the plan. She wanted to challenge it at a tribunal, but the date she was given for a hearing is September next year. Does the hon. Member agree not only that the plans need to be well resourced and individualised, but that the tribunals need to meet more quickly and be adequately resourced, so that children do not miss out on the support they need to ensure that their journey through learning is not impacted negatively?