The SEND “Emergency” debate: scrap safety valve, write-off high needs debt and stop piling trauma on to families

Contents

There have been three debates about SEND in parliament already this session, one about SEND in Somerset, one on Herts and Central Bedfordshire and yesterday, one on SEND provision in general, led by Richard Burgon MP, which is the subject of our article today.

In a packed Westminster Hall, MPs who spoke did so passionately, citing how much of their case work centred on SEND issues. Many who wanted to speak but didn’t get the opportunity were urged to put their speeches online and we hope they do.

It is positive that the difficulties in securing the right provision for their disabled children faced by so many families, are being taken seriously in parliament. We hope these voices continue to put pressure on the government to act in the best interests of families and not, as noted by Mr Burgon, succumb to pressure to water down entitlements to fit funding, as it looked like the previous government were considering and like many in local government would like.

It’s no longer a crisis, it’s an emergency

Mr Burgon, in his opening speech, noted that, “So many of the key services we had in our communities to help support child development are on their knees due to austerity and children are paying the price. Every MP in this House is aware that the SEND system has gone beyond crisis and is an emergency.”

And, he said that this would never be solved unless we also fix “all the interconnected root causes.”

Mr Burgon placed much of the blame on the mishandling of the implementation of the 2014 Children and Families Act, something echoed by the former SEND Minister Ed Timpson and others in our recent 10 years of the CFA podcast series. This places the Department for Education, local authorities and the NHS in the crosshairs, where they should be, instead of on parents who have had the finger pointed at them repeatedly. This is also a point raised by Mr Burgon, who likened the state’s failings as child neglect. “That is what this failure is, and we should be deeply angry that children are being neglected in such a way.”

Mr Burgon echoed our call for the previous government’s safety valve scheme to be scrapped and local authority high needs debt to be written off. He also said the government, “has a duty to end the blame game and “stories blaming so called pushy parents, a former minister accusing parents of abusing the tribunal system and other powerful people calling for parents to make fewer demands”

This he said heaped trauma upon trauma for families:

Increased entitlements never matched by funding

Marie Goldman MP (LD), who took previous SEND minister Will Quince’s seat at the election, intervened to say despite increasing entitlements by 11 years—both ends of the birth-25 age ranges, funding hasn’t match. This has led not to a reduction in an adversarial system, but an increase in tribunals with unrepresented parents face expensive LA-funded high-level barristers,

“That has led to a perverse system in which we now see local authorities battling with parents—using not just normal barristers but King’s Counsel, so sure are they of their righteousness in their battle. With the help of barristers, including KCs, they are battling parents who are often not represented legally and have to represent themselves.”

Safety Valve, and SEND funding

The previous government’s financial Safety Valve scheme was cited by other MPs, including Claire Young, who asked for the government to review financial aid scheme that is cutting provision, removing and limiting EHCPs (probably unlawfully in many cases) and adding to families’ misery:

“…we need action now from Government to fix these problems before the house of cards comes tumbling down, starting with fixing the funding formula and reviewing all existing safety valve agreements.”

A number of MPs also highlighted the funding disparities between counties that amounts to a postcode lottery.

Veteran MP, Sharon Hodgson, who was Labour’s SEN spokesperson back in 2012 said SEND had been “deprioritised” – though we don’t think it’s ever been a priority until, hopefully, now. She said she predicted “many times” during the passage of the CFA Bill that a crisis would ensue and the current situation was a “damning indictment” of the Conservatives 14 years in power.

Not enough provision? Not our problem anymore…

The Liberal Democrats’ spokeswoman, Munira Wilson, blamed the Conservatives for failing to build enough new SEND provision, and refusing applications from local authorities to build more as they sought to alleviate the lack of places.

The Tories’ current SEND spokesman, James Wild, made a lacklustre contribution, with a faint defence of his party’s record, mentioning that the more recent SEND Review had listened to voices from across the sector, but as we know listening isn’t the same as paying attention, as much of the SEND improvement plan proves. When challenged about how he would solve the crisis (that they created) he said it was now Labour’s responsibility, a spectacularly trite response no doubt hiding the fact he had no idea. He would have been better just keeping his mouth shut.

Promoted

The Minister’s response

And how did the current Schools (and SEND) Minister, Catherine McKinnell respond? She said relatively little other than they were “working at pace”, certainly not much to quote, but here it is:

Our thoughts on the debate

In the last few weeks the word “inclusion” has been brandished many times, but we don’t really know what that means to this government yet. Nevertheless, it was good to see how many MPs showed to the debate, something that our director, Sharon Smith gave a cautious welcome

“I was heartened to see how many MPs were present during the SEND debate, highlighting once again the sheer scale of the SEND “emergency”. However, the stories being shared with MPs are nothing new. The stories of crisis and families being at breaking point have been with us for many years.

“What we now need to see is some meaningful action, and quickly. Not to hear that it is going to take time and to hear the same ‘lose lose lose’ messages of the previous government. Parents are desperate to hear what is going to happen in relation to accountability (in particular how the issues in safety valve and delivering better value areas are going to be resolved without parents needing to hold LAs to account) and how the government intends to improve mainstream schools’ ability to include children who are finding that they do not fit into our ever-increasingly narrow mainstream offer. We and our children do not have time to wait for action.” Sharon Smith

SNJ team member Rachel Filmer, who campaigns on the safety valve, said

“It is clear from the debate that many MPs are truly listening to parents, carers and schools about the extent of the damage being caused by the SEND system as it stands. It’s positive that the strategy of parental blame is being laid bare, and there was a genuine effort to address the wide-reaching consequences of the system’s appalling failures. “Parent carers understand that improvements and solutions will take time, and yet many children are being failed and neglected while this debate occurs. As long as the statutory override, Safety Valve and Delivering Better Value schemes stand, decisions are being made by local authorities which fail vulnerable children in the name of savings. The government must act quickly to resolve these immediate issues in order to prevent irreparable damage being done to yet more children.” Rachel Filmer

As we clearly have growing numbers of children in need of significant or just different support, perhaps it’s not just SEND provision that needs to improve. Maybe it’s just that the entire education system is no longer fit for purpose. Our children are not the children of Generation X or Millenials. We need education fit for a different kind of young person, before it’s too late for everyone.

I will leave you with a quote from Rachel Maskell MP, saying something with which I really agree, when she called on Minister McKinnell to stop schools being “an obstacle course of micro-traumas, stress and anxiety.”

“Go back to the Department and rip up the behaviourist approach to education. It creates a world where neurodiverse children—those with anxiety or mental illness—and even the timid, cannot survive.

“Instead, we should adopt a therapeutic, nurturing approach so that all children can thrive… Let us not build bigger and bigger schools, but create more therapeutic and intimate spaces that belong to the children and where they can thrive….

“…We also need to recognise, as the Government do, the failed nature of the curriculum. Let us build space for our brains and our bodies. Are we really shocked that young people are failing when only half of them is engaged? We have cut out arts, music, sports, nature, dance, play, exploration, wonder and fun. Yet all children, especially those with SEND, benefit from that balance.”
Rachel Maskell MP

Find the parliament tv recording here, and the Hansard transcript here

Also read:

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About
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Tania Tirraoro

Founder, Co-Director at Special Needs Jungle

Founder & co-director of Special Needs Jungle. (She/Her) Autistic parent of two young autistic adults Devoted Grandma. National SEND advisor, journalist & author. Tania also runs a PR, web & social media consultancy, SocialOro Media.
She is a rare disease & chronic pain patient advocate with Ehlers Danlos syndrome.

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