Timpson rules out SEN reforms for children in custody

Edward Timpson said forthcoming legislative changes that will see SEN statements replaced by single education, health and care plans could not be offered to children in custody because it would “conflict with existing comprehensive statutory provisions”.

He was responding to a call from Labour’s shadow children’s minister Sharon Hodgson for an amendment to the Children and Families Bill.

During a parliamentary debate Hodgson said many inmates of young offender institutions required SEN support and cited research that showed 18 per cent of young offenders have a statement, compared with just two to three per cent of the general population.

“As it stands, they will not be able to continue to receive the support they were already getting if they are placed in custody, and nor will they be eligible for an assessment if someone working with them in the institution thinks they need one,” said Hodgson.

“This is not only counter-productive, in that it will severely limit these institutions’ ability to reduce reoffending through education, which is what we want them to do.”

But Timpson said he believed that part of the bill was necessary "because it prevents our legislation from coming into conflict with existing comprehensive statutory provisions governing how education support is delivered in custody, as set out in the Apprenticeship, Skills, Children and Learning Act 2009”.

Hodgson also urged the government to delay introducing the reforms until after pilot pathfinder projects in 31 local authorities end in September 2014.

She said that while she backed proposals for families to receive personal budgets to secure support for their children, there were “still questions about how the market for support that this reform will create will really look”.

Hodgson called for the government to ensure local authorities published details of expenditure on SEN and disability tribunals.

She said this would provide parents with transparency about “which local authorities would prefer to pay a lawyer £20,000 to prevent a child from getting £5,000-worth of support”.

Timpson said there had been no evidence gathered by pathfinders showing any negative impacts. 

“They actually show how local authorities can work with schools to improve the quality of provision received without having an impact on the other children and young people,” said Timpson.

Every Disabled Child Matters campaigns manager Beatrice Barleon said the learning from the pathfinders was vital to ensure that reforms to children’s services are implemented successfully.
 
“We are pressing the government to ensure that evidence from the pathfinders is fed back in to make the system work better,” she added.

During the debate, childcare minister Elizabeth Truss also confirmed the government had dropped plans to change child-to-staff ratios in childcare settings.

"I firmly believe these flexibilities would allow nurseries to offer more choice of high-quality childcare places, invest additional revenue in attracting the best staff, and reduce cost for parents," said Truss.

"However, as I have already made clear... it has not been possible to reach cross-government agreement so we are not proceeding with this reform.”

Deputy Prime Minister Nick Clegg announced the ratios reforms plans had been dropped last week, but neither the Department for Education and Number 10 had confirmed the move.