SEND Provision

That, for the year ending with 31 March 2024, for expenditure by the Department for Education:

(1) further resources, not exceeding £20,997,648,000, be authorised for use for current purposes as set out in HC 500,

(2) the resources authorised for capital purposes be reduced by £304,572,000 as so set out, and

(3) the sum authorised for issue out of the Consolidated Fund be reduced by £912,367,000.—(Mark Fletcher.)

I call Mr Robin Walker to lead the debate.

Thank you, Mr Deputy Speaker. I am grateful to colleagues on the Liaison Committee and the Backbench Business Committee for supporting my application for the debate and giving it the prominent position that it has today. I thank all those who supported the application. I note that it is an unusual subject that brings together the right hon. Member for Hayes and Harlington (John McDonnell), my right hon. Friend the Member for Haltemprice and Howden (Sir David Davis), and the hon. Members for Twickenham (Munira Wilson) and for Strangford (Jim Shannon). Not all of them can be here today, but I know that each has passionately supported the case for more and better targeted investment to support children with special needs. I warmly welcome the hon. Member for Wellingborough (Gen Kitchen) to the Chamber. It is greatly to her credit that she has chosen to make her maiden speech on this subject; I look forward to hearing it.

There have been many debates on the importance of special educational needs and disabilities in the House over the past few years, so this is not new ground, and I make no apology for that. There have been Green Papers, a Command Paper, and the excellent Backbench Business debate under the auspices of my right hon. Friend the Member for Haltemprice and Howden, which was so well subscribed. It is no surprise to me that today’s debate is similarly well supported across the Chamber. I do not intend to repeat all the arguments from the previous debate, in which 30 Members spoke. I hope that the Minister will take them all as read in his response.

In my casework as MP for Worcester, and in the evidence that I have seen as Chair of the Education Committee, there is a consistent trend of schools at every phase and of every variety struggling to meet the rising level of SEND, of families struggling to get the needs of their children properly met and supported, and of children with SEN too often being home educated, not as a result of genuine elective home education but as a result of their parents feeling that there is no other way in which their needs can be supported. We have heard this at the Education Committee described as “non-elective home education”.

The hon. Member has secured a really important debate. One big problem that comes across strongly in Derbyshire is the lack of capacity within the local authority to do the assessment. Many schools are supporting parents and their special needs children, but are unable to get assessment for months or even years. How big an issue does he think that local authority resources are in all this?

The hon. Gentleman is right: that is definitely part of the challenge. I will try to come back to that later in my speech. The briefing that the Local Government Association has provided for the debate is very helpful in drawing attention to that. In the previous Backbench Business debate, Members from both sides of the House highlighted the need for earlier identification of need, and all the different organisations across local authorities, health and education that need resource and support to deliver that.

The need for early identification is incredibly strong. There has been some progress towards it, and I congratulate the Minister for the strides that he has been able to make, but we cannot have a genuinely universal education system unless we have universal early identification of special needs, so will my hon. Friend welcome the fact that I have secured the opportunity to reintroduce my Dyslexia Screening and Teacher Training Bill, as a ten-minute rule Bill, on 23 April?

I congratulate my right hon. Friend on securing that opportunity, and for all the progress that he has made in drawing attention to the needs of dyslexic children and identifying those needs early. He is right that we need to look at how we better support universal identification of need at an earlier stage. He will recognise that some conditions only show themselves over time, so it is important that there are the right interventions at every level to identify those needs and ensure they are properly met.

When we debate children missing school, as we often have in recent years, we often find it difficult to tell which are doing so because of unmet need. The work of the Children’s Commissioner, among many others, has highlighted that that is a major cause. When we debate rising levels of home education without the benefit of a much-needed statutory register, which the Government have now pledged to support, we find it impossible to tell how many of the rising number of cases are genuinely elective. My hon. Friend the Member for Meon Valley (Mrs Drummond) is sponsor of a Bill that seeks to address the issue, and I hope the whole House will support its Second Reading tomorrow. I welcome the fact that Opposition Front Benchers have already done so and I believe that the Government have as well.

Both those factors, as highlighted in the Education Committee’s report on persistent absence, point to the need for urgent action on SEND. The Government’s own Command Paper is also clear on that point. In fact, in preparing for this debate, I was struck by recent comments made by the Secretary of State at the Association of School and College Leaders conference:

“The massive demand, of more and more children diagnosed or even not diagnosed but have special educational needs, that’s something that I don’t think we’ve got the right system in place. If you look at special education needs, we haven’t built enough special educational needs places or schools. We have councils under pressure because families can’t get the right support that they need”—

a succinct summary of the nature of the challenge, which colleagues across the House will recognise all too well.

In that context, we need to consider the departmental estimates of the Department for Education, the £57.8 billion rising to £58.5 billion for the core schools budget, and the £82 billion rising to more than £100 billion overall in the supplementary estimate, as well as the £6.3 billion capital budget. Although it would be easy for a Government Member to point to those big numbers and trumpet what are without doubt record sums in cash terms for revenue funding, they do not tell the whole story.

I thank my hon. Friend for giving way and for all he does on the Education Committee. In my constituency surgeries, I, like many Members of Parliament, see parents in real pain. They want the best for their child, and they are waiting for one to two years to get a plan so that their healthcare and education needs can be met. My hon. Friend asked about the allocation of the £105 million in the Budget. Can he clarify his understanding of how the Government will allocate that across the country? I need an allocation for my constituents in Gillingham and Rainham, who urgently need it. All Members want to know whether that will be done on a fair basis.

I congratulate my hon. Friend for making the case for his constituents. The question he asks is one for those on the Front Bench, and I hope the Minister can further clarify the process of allocating those resources.

At the last spending review in 2021, the Department secured £2.6 billion over the review period for a mixture of new specialist settings, expansions of existing ones and delivery of bases in mainstream schools. In total, that was designed to deliver 30,000 new school places. Will the Minister, in his reply, update the House on progress on spending that substantial capital investment? Can he update the House, too, on the total number of specialist places already delivered? Will he explain how deliverable the Government have found this programme, at a cost of about £86,666 per place, and the rationale for the Budget announcement being so much cheaper?

I thank my hon. Friend for his exceptional work in this area. He shares my passion for the new Malvern-based autism free school, which will benefit children across Worcestershire and more widely. Can he update the House on how he sees progress on delivering the new free school?

I am grateful to my right hon. Friend for her intervention and for her campaigning to secure those vitally needed places in south Worcestershire, which I hope will benefit my constituents as well as hers. I want to more places delivered for autistic students in Worcestershire as swiftly as possible. That is being done through a combination of the provision that she has rightly championed and campaigned for, a new base in my constituency in a mainstream school—which the county council is commissioning—and the provision recently created for an AP, or alternate provision, school in the north of the county. There is some welcome progress there, but as I will touch on later, I do not feel that it is quite enough to meet need.

Back on that £2.6 billion, I have some concerns about the progress of that much needed capital investment. Careful examination of the supplementary estimates for the Department reveals a £300 million transfer from the capital to the revenue budget. I ask for reassurance that none of that has come out of the £2.6 billion originally targeted for investment in SEND. If any has, will the Minister tell us how much? Can he provide figures for how many places have been commissioned in each of the three categories set out in the 2021 spending review and how many more are in the pipeline?

From long experience and from my work on the Select Committee, I know that the DFE has routinely underspent its allocated capital, but at a time when the need for SEND placements is so high and we have the urgent challenge of RAAC—reinforced autoclaved aerated concrete—affecting many mainstream and specialist schools, I hope that the Department is protecting the precious investment that Ministers, including me and my hon. Friend the Member for Colchester (Will Quince), fought so hard to secure.

I am grateful for my hon. Friend securing this debate and for his work on the subject. In Cheadle, we are welcoming a new £70 million SEND provision being opened at the end of this year, in September; 133 places will be provided there. Teachers and headteachers I have talked to are telling me that in their establishments and schools, they want more resource-based provision, which might involve capital investment. Going along with that as well, we have the problems mentioned earlier in securing the education, health and care plan. Does my hon. Friend agree that all those issues need to be addressed if we are to get the right future for our children?

Yes, is the short answer. My hon. Friend sums up some of the challenges neatly.

I come to some of the recommendations of the Select Committee before touching in a little more detail on the local picture in my part of the world. During my time as Chair and under my predecessor, now the Minister for Skills, the Education Committee has held a number of sessions on SEND and the implementation of the 2014 reforms. In 2019, before my time, the Committee concluded that the reforms of 2014 “were the right ones” in principle, but that implementation had “been badly hampered”, notably by administration and funding, which at that time it called “wholly inadequate”.

The Committee also called for a more rigorous framework for local authorities; a direct line of appeal for parents and schools to the Department for Education; powers for the local government and social care ombudsman to investigate school complaints; and development of more employment and training opportunities post 16 for people with SEND. The Government pointed to their Green Paper and towards the Command Paper that was finally published two years later in response, but only the first and last of those recommendations have been fully addressed.

More recently, under the chairmanship of my right hon. Friend who is now the Minister for Skills, and his predecessor, the Committee held sessions and published correspondence in which SEND funding, and delays in processing it, have repeatedly been raised. I am grateful for correspondence in which Ministers have unequivocally confirmed that there is no push from the Government to ration or limit EHCP numbers, but I note that in his letter of October last year, the Minister on the Front Bench stated that

“in-year funding delays occur due to insufficient planning from local authorities”.

Will he update the House on what steps he is taking to address that and to ensure that every local authority has the resource and support it needs to plan properly in this space?

The vast majority of local authorities have high-needs deficits, which have been growing rather than shrinking in recent years. I have no doubt that my hon. Friend will talk about the valuable work that the Department supports through the safety valve and “Delivering Better Value” programmes, but the fact that those programmes are constantly growing, as is the cumulative deficit of local authorities, surely makes the case for more funding. At some stage, we have to acknowledge that producing ever more help to manage the level of deficits is not a sustainable solution, and that investment is required to clear or remove them. The high needs deficits are now compounded by the fact that the same local authorities have rapidly growing deficits in children’s social care and transport, limiting their potential to cross-subsidise.

This is not just the morally right and good thing to do for the individuals in question and their families, but it is massively good for wider society because it unlocks the potential of neurodivergent individuals, who are among the most creative and gifted people in the country. Does my hon. Friend agree?