Education, Health and Care Plans

[Dr Rupa Huq in the Chair]

I beg to move,

That this House has considered Government support for education, health and care plans.

I thank everybody for coming along to this really important Westminster Hall debate on a subject that fills our inboxes. The Government Benches are very full, and some of the Opposition Benches are reasonably full. I will try to keep my speech as short as possible, because so many people want to speak, but there are various points that I want to make.

The debate is about Government support for education, health and care plans. For the benefit of anybody watching the debate who does not understand the system, EHCPs are a fundamental part of the special educational needs system. They are responsible for providing the additional support that children need in school to help them through their educational life and beyond. The big problem is that children and parents do not get the support they need through the EHCP system. Even when EHCPs are granted, schools are sometimes unable to deliver the support set out in them, so parents end up in a ridiculous situation and in many cases have to take their local authority to court. Local authorities lose 99% of cases, but that delays and delays the process and costs parents and local authorities a huge amount of money.

On 3 September 2024, the Government published local authority-level figures on waiting times for a decision following an education, health and care needs assessment. That assessment is the first stage: the parent applies for an EHCNA, and the local authority has six weeks in which to decide whether it will accept it, and 20 weeks in total in which to issue the EHCP. So how long are people actually waiting? Well, there are huge discrepancies across the system. Hampshire county council issues EHCPs within 20 weeks 75% of the time, which does not sound too bad, right? Essex county council, where I am situated, issues EHCPs within 20 weeks 0.9% of the time. Both councils have more than 3,000 requests.

I thank the hon. Lady for bringing forward this important debate to the Chamber, as she is right to mention the timescales. As she knows, in 2023 only half of EHCPs were issued within the statutory 20 weeks, and whether children receive support depends too much on their postcode and how well their parents can navigate what can only be described as a chaotic system. Does she agree that the special educational needs and disabilities system is failing families? We cannot have a sticking-plaster solution; we need a root-and-branch review.

I wholeheartedly agree that the system is completely broken and needs complete reform. I gently say to the Minister and anybody listening to the debate that the longer that reform takes, the more harmful it will be for children. Children are suffering right now because they are not getting the support they need. Children keep getting older; they do not wait for Governments to decide what they are going to do or for root-and-branch reforms. Children and their parents need the support right now. Although I would absolutely welcome a wholesale review and change, there are things we can do now to alleviate the problems. If the Minister takes away only one thing from the debate, I hope it is the plea for more to be done now and for the reform and implementation to be sped up. I will come in a bit to the things we can do.

I thank my hon. Friend for securing this vital and important debate. She talks about inequality, and SEND funding is unequal across the country. Somerset council is part of the f40 group, which includes a number of the most poorly funded councils across the country. It received less than £8,000 in gross dedicated grant funding per mainstream pupil in 2024-25, which is more than £5,000 less than the best-funded local authorities. Does my hon. Friend agree that we must tackle this postcode lottery and urgently provide better support for some of our nation’s most vulnerable pupils?

Of course, and my hon. Friend raises an important point. We must tackle that inequality. The Government will say, “We put £1 billion of extra funding into special educational needs.” That is great—it is much better than no extra money for special educational needs—but it will not touch the sides. Local authorities are saying that they have a deficit in the high needs block of £3 billion, and some estimates say that that will go up to £8 billion in the near future. We are looking at a massive funding shortfall.

I congratulate the hon. Lady on securing today’s important debate. In Slough, attainment outcomes for children with special educational needs and disabilities were below the national average, and that is precisely why we need more funding and resources for Slough children. As a parent, I can only imagine the anguish of parents who have to navigate the complex and time-consuming process of gaining an EHCP, particularly given that only half of EHCPs are issued within the statutory 20-week limit and 98% of appeals are successful. Does the hon. Lady agree that, to improve EHCPs, we need first to regain the trust and confidence of parents?

Absolutely. Parents’ trust in the system is important, so we need to show that we are listening to them. We also need to show that we are giving them the information they need to alleviate their stress. Someone who has a child with special educational needs knows that their child needs extra support. This is already a stressful time in their life; they then have to sit and wait for an EHCP to land in their inbox, perhaps in week 19 —it is supposed to be 20 weeks, so of course it should land in week 19—but then it does not turn up, and keeps on not turning up. That is incredibly stressful, and it takes away parents’ trust in the system. We should be more transparent about that.

We talk about an EHCP being issued within 20 weeks, but across England 37.4% of decisions took six months or longer—that is just ridiculous—and 5.7% took a year or longer. That is completely unacceptable, and it leaves parents in a very difficult place. We need to be more honest with parents and to make that information much more available to them. My new clause 3 to the Children’s Wellbeing and Schools Bill would help to make the system much more transparent for parents by making local authorities publish how well they are performing against those statutory deadlines. That would be much better for parents.

What is the impact on children? We must remember that we are not talking about random numbers or about figures on a spreadsheet somewhere; these are real children who have real lives, real parents and real families. They have aspirations in life, and we need to support them. What does all this mean for them? One SEND professional wrote to me about one child’s case:

“This child, who is autistic, non-verbal, and has sensory processing challenges, applied for an Education, Health, and Care Plan (EHCP) in October 2023. It is now January 2025, and they are still waiting for their EHCP to be issued. In the meantime, they are placed in a mainstream school with no tailored support. The result has been incredibly stressful for the child, their family, and the staff working with them. The school has now reached a point where they cannot cope, and the child is being home-schooled, isolated from peers and without access to the specialized education they need and deserve.”

I must congratulate my hon. Friend on her preparation for this debate, which has attracted so many people to Westminster Hall today—except, of course, from the party that created a lot of the problems we now face. On her point about mainstreaming and special school education, does she agree not only that many rural areas are underfunded but that people in those areas face the additional challenge of expensive home-to-school transport to access specialist provision, because there is insufficient budget for that transport? That issue needs to be addressed if we are to have an even playing field across the country.

I thank my hon. Friend for that really important point. I do not live in a rural area, so it is easy for me to overlook issues such as this. However, I do know that many councils have raised it; indeed, to be fair to Essex county council, it has raised it with me. When we talk about root-and-branch reform of the system, we need to make sure that we address the whole system and everything that goes with it, including transport. My hon. Friend raises an important point, and I thank him very much for that.

What is the impact on the school budget? One primary school is funding 90 hours of learning support assistant time a week because there is no EHCP, and it is having to find that funding out of its own budget. That is not through lack of trying to get EHCPs. The school said that it had applied for an ECHP for one child in January 2024, but that child has not even seen an educational psychologist yet.

Schools tell me that they do not have the buildings and the other resources to be able to safely look after these children using ordinarily available provision.

I thank my hon. Friend for securing this important and timely debate. Even when plans are eventually put in place, children and young people struggle to get suitable school places. They face hours of travel each day, especially in rural areas, or they are left at home without appropriate education. Does my hon. Friend agree that funding needs to ensure that provision is local, meets needs and is well resourced?

Yes, and it is very hard to disagree with that point. Of course provision needs to recognise what the local challenges are, and those differ in different localities. I thank my hon. Friend for making that point.

Let me return to LSAs and the support they provide in schools. Often, there are several children with EHCPs in a class, so it is sometimes necessary to have more than one LSA to support them. However, it is hard to recruit LSAs, because, as schools have told me, the salaries do not match the skills that LSAs require. Also, LSAs are not suitable in all cases, because young people with severe special educational needs can—through no fault of their own; I want to make that very clear—be very disruptive and, unfortunately, endanger other children if they are not properly supervised. That is why it is really important that we have LSAs, teaching assistants and all the support staff necessary to support these children. One special educational needs co-ordinator told me:

“As much as the LSA children don’t need 1:1 support full-time, there are some children that really do require 1, or sometimes 2, adults with them throughout the day if everyone is to be kept safe and for the child to have their self-care needs met in a mainstream environment.”

We talk a lot about schools, but this issue also affects further education—for example, sixth-form colleges. They tell me that the annual reviews that are done as part of the EHCP process focus too much on educational attainment and on academic achievement and progress, when colleges in fact need to understand what special measures they need to put in place to best meet the needs of the children who are coming in. That is not necessarily about academic achievement; it is about how colleges can best manage the behaviour that pupils exhibit and keep them safe. Colleges say that, unfortunately, EHCPs do not place enough emphasis on behaviour, and their plea—I hope the Minister is listening—is that if we look at the EHCP process, we should encourage it to focus on that issue and not just on educational attainment. Colleges also say that some information in the annual review of behaviour is historical, and might put sixth-form colleges off accepting pupils, even though it would be perfectly appropriate to accept them because their behaviour had changed and they could be supported in different ways.

It was good to hear yesterday from the all-party parliamentary group on special educational needs and disabilities about the importance of early intervention. We heard from the Lancashire and South Cumbria integrated care board, which showcased its really interesting work. On the back of that, I reached out to my ICB in Suffolk and North East Essex and I understand that the health response there on early interventions is quite good. Bearing in mind that the hon. Lady and I both represent Essex constituencies, it would be worth her looking at the ICB connected to her area. Perhaps we could work together on improving outcomes for parents and kids in Colchester and Chelmsford.

Of course, I would be delighted to work with the hon. Lady on that sort of issue. I was also at that APPG on SEND meeting, although I could not stay for the whole thing. I am glad she raised it, because at that APPG meeting, an example was given to us of a child who had situational mutism. The intervention they received early on meant that they were able to progress and achieve their full potential, which I thought was fabulous. Unfortunately, I have an example of exactly the opposite in my constituency, where a child with selective mutism did not receive that support and is now not in school at all. The importance of that support cannot be overstated.

We could talk a lot about why there has been an increase in EHCP applications, about covid and its impact, about the lack of socialisation and what that has led to and about the lack of early intervention. Maybe some parents are asking for EHCPs because it is the only way to get the support that might ordinarily have been available if schools were not feeling the pressure so much. Ultimately, this is a systemic failure, and I want to move on to some solutions.

We need to do this quickly—remember, every single day that children grow up without that support is another day they are suffering. Other than root and branch reform, we need better communication between schools and colleges, between local authorities and parents, and between schools and parents. The list could go on, but I remind everybody that communication is two-way. It is not just the local authority sending out a briefing pack—that is not good enough. We need them to listen, and we need the Government to listen.

We need more training. We need qualified and experienced people working with children. A qualified and experienced SEND professional told me:

“People like me, who are trained to work with SEND children and adults, often find there is no structured role for us within councils or government systems to support schools, families, or nurseries effectively.”

We are going to work out the time limit for everyone, because 34 names were submitted to speak, but I think there may be even more Members in this room now. The Clerk has done the calculation and it is 75 seconds each—one minute 15 seconds. We will start, as a model of brevity, with the Chair of the Education Committee.

Thank you, Dr Huq. With such limited time, I simply reiterate that we have a SEND system in crisis. It is letting down children and their families. It is a contested and embattled system and is no way to decide and deliver on what is in the best interest of children. As Chair of the Committee, I welcome some of the measures that the Government are bringing forward, but I also believe that there is further to go. That is why, as the Committee, we have prioritised SEND as our first substantial new inquiry of this Parliament. I have good news for Members with constituents who are interested in and concerned about this subject: today we have extended the deadline for the submission of written evidence to 6 February.

We are serious about looking at the evidence of what is happening across the country, but also at where there is good practice, both in this country and overseas. We will do our best to assist the Government to set out a programme of reform that delivers for children and their families. I urge all Members who have an interest in this topic to encourage their constituents to submit evidence to our inquiry.