Special Needs (Hansard, 2 November 1993)

§ 5. Mr. Janner
To ask the Secretary of State for Education when he last reviewed the statementing process for children with special educational needs; and if he will make a statement.

§ Mr. Forth
The Education Act 1993 and the draft code of practice issued last week will significantly improve the arrangements for the education of all children with special needs—those with and those without statements. As a result, statements will be made more quickly and written more clearly—to the benefit of children and their parents. We also issued draft regulations which would, for the first time, bind local education authorities to time limits when making assessments and statements.

§ Mr. Janner
Is the Minister aware that a 13-year-old constituent of mine was, to use the odious phrase, "statemented" and, to the anguish of her parents, excluded from mainstream school? There is no other accommodation for her anywhere in Leicester so she receives her education at home for the statutory minimum of just five hours a week—only when her tutor is well, which she is not at present. Is it not disgraceful that the children who 141 most need education receive the least education because local education authorities such as Leicestershire simply do not have the money to extend the hours? Will the Minister be good enough to look at that aspect of the statementing problem to see whether he can find a way to help local education authorities to provide education at home for those children who, through no fault of their own, cannot receive education at ordinary schools?

§ Mr. Forth
Obviously, provided all the existing appeals mechanisms have been properly exhausted, I shall want to look at the case raised by the hon. and learned Gentleman.

§ Mr. Janner
They have.

§ Mr. Forth
If that is so, we shall want to look at the case. I believe that the Education Act 1993, which places new duties on authorities, the code of practice, which brings new uniformity and clarity to the process of making statements for children, the time limits and the SEN tribunal, all add up to a better deal for the children in our schools who have special educational needs. It is no excuse for any local education authority to hide behind the resources whinge if it is not fulfilling its duties towards children with special educational needs. If that is what the hon. and learned Gentleman's local education authority is doing, it is a disgrace.

§ Mr. Congdon
Does my hon. Friend agree that many parents will welcome the much strengthened provisions in the new Education Act for those with special educational needs, particularly the time limits on the statementing process? Does he also agree that it is up to the schools to ensure that they identify those children with special needs and ensure that their needs are properly meet?

§ Mr. Forth
Indeed. My hon. Friend played his part in bringing the Education Act to fruition and on to the statute book, for which I am grateful. He pinpointed the fact that we are rightly going to lay the onus very much on schools, which must have a special educational needs policy. The code of practice rightly lays on schools the principal responsibility for constantly assessing pupils' needs, identifying those needs and meeting them. That will be a considerable step towards providing properly for all children and their needs.

§ Mr. Win Griffiths
I thank the Minister and, having listened to his opening reply, may I say that I agreed with every word of it. The draft code of practice is a most commendable document—the only thing wrong with it is the colour of its cover, but we can stand that. For all the good ideas drafted in the code of practice, unless there are sufficient resources, all the tine words it contains will count for nothing—that is not a resources whinge by a local authority.
Will the Minister do two things? First, will he undertake a survey on what has happened to special educational needs provision over the past four years? I think that he will find that it has not improved in many spheres. Secondly, when local authorities come forward, will he commit himself to providing the resources to implement the fine instructions given in the code of practice; otherwise it will be a scandal?

§ Mr. Forth
I am grateful to the hon. Gentleman for his kind remarks, but I must say that the answer to both his questions is no. A survey of the kind that he suggests would be useless because it would be looking to the past, 142 when the future is about the Education Act, the code of practice and all that is in them, together with the tribunal. I believe that, as a result of the Act and the code of practice, there will be a much better, more effective and efficient use of existing resources in directing them properly towards pupils in a structured and clear way. I do not believe, therefore, that we should necessarily assume that the improved provision for special educational needs that the Act and the code of practice will bring necessarily demands a blanket spraying of resources around local education authorities. The resources will be better directed by what is in the code of practice. I look forward very much to seeing an improved quality in the delivery of service.