“In the Children and Families Act 2014, after section 40 insert—

“40A Reporting of local authority performance

(1) Local authorities must publish regular information relating to their fulfilment of duties relating to EHC needs assessments and EHC plans under this part.

(2) Such information must include—

(a) the authority’s performance against the requirements of this Act and the Special Educational Needs and Disability Regulations 2014 relating to the timeliness with which action needs to be taken by the authority in relation to EHC needs assessments and EHC plans;

(b) explanations for any failures to meet relevant deadlines or timeframes;

(c) proposals for improving the authority’s performance.

(3) Information published under this section must be published—

(a) on a monthly basis;

(b) on the local authority’s website; and

(c) in a form which is easily accessible and understandable.”” —(Ian Sollom.)

This new clause would require local authorities to publish their performance against the statutory deadlines in the EHCP process.

Brought up, and read the First time.

I beg to move that the clause be read a Second time.

I am moving new clause 3 on behalf of my hon. Friend Marie Goldman. The Children and Families Act 2014 sets out timeframes for local authorities to decide whether to do an education, health and care plan needs assessment, and then for the resulting education, health and care plan to be issued. Local authorities have six weeks from application to decide whether to carry out an EHCNA, and a total of 20 weeks from application to issue an EHCP. Across England in 2023, however, only 50.3% of EHCPs were issued within that statutory 20-week deadline. Some places perform much worse than that—in Essex, only 0.9% were issued within the 20-week deadline.

New clause 3 is about reporting that. Transparency is a first key step in accountability, so publishing local authorities’ performance in relation to those statutory deadlines is the aim of the amendment as that first step. It is essentially a free change because local authorities already have the information gathered, so there should not be any additional resources needed. It could in fact help, because it would cut down on freedom of information requests, for example, which are a burden on councils. It will also cut down on the level of communication required with concerned parents constantly contacting to ask when their child is going to receive their EHCP.

Also included within new clause 3, local authorities will have the opportunity to explain any reasons and lay out their plans for improving performance. That kind of transparency helps direct resources well, and I think it is a good, sensible step,

I totally agree it is vital there is publicly available data regarding local authority performance on EHCPs. That is why we publish annual data on each local authority’s timeliness in meeting their 20-week deadline. Local authorities identified as having issues with EHCP timeliness are subject to additional monitoring by the Department for Education, which works with the specific local authority. Where there are concerns about the local authority’s capacity to make the required improvements, we have secured specialist special educational needs and disabilities adviser support to help identify barriers to EHCP timeliness and put in place practical plans for recovery.

Furthermore, when Ofsted and Care Quality Commission area SEND inspections indicate there are significant concerns with local authority performance, the Department intervenes directly. That might mean issuing an improvement notice or statutory direction or appointing a commissioner, deployment of which is considered on a case-by-case basis.

We are clear that the SEND system requires reform. We are considering options to drive improvements, including on the timeliness of support and local authority performance. We do not believe increasing the amount of published data and reporting on EHCP timeliness alone would lead to meaningful improvements in performance. We are working closely with experts on reforms. We recently appointed a strategic adviser for SEND who will play a key role in convening and engaging with the sector, including leaders, practitioners, children and families, as we consider the next steps for future reform of SEND.

In response to the hon. Member for St Neots and Mid Cambridgeshire, I absolutely respect the intentions of his amendment and the desire to see much greater timeliness and support for children with SEND and their families. We are working incredibly hard—this is a priority within the Department for Education—to get much better outcomes. We do not believe that this amendment will achieve the desired outcome, although we share the intention behind the amendment.

I appreciate what the Minister is saying. I agree with her that this is not a silver bullet. This will not suddenly improve the system. This is about transparency and accountability where, as my hon. Friend the Member for St Neots and Mid Cambridgeshire pointed out, there are some councils that are missing the targets by such a long chalk, and is about setting out the reasons for doing so. We know in some areas that frankly NHS partners are not working constructively with local authorities to help deliver EHCPs on time.

As the Minister looks at reforming the system—and I know from my discussions with her and the Secretary of State that the Government are working hard on this—could I urge that they seriously consider this provision. It is about transparency and accountability for parents, which I think is really important.

I thank the hon. Lady for that intervention and the hon. Member for St Neots and Mid Cambridgeshire for the way in which he presented this clause. We share the ambition for children with special educational needs and disabilities to get much better service, from their local authority and on their education journey. We recognise there are significant challenges for those who seek to deliver that being able to do so, which is why we are looking at reform in a whole-system way. We are looking to drive mainstream inclusion within our school system and to reduce the waiting times for assessments, which we know is led by the Department of Health and Social Care. This is a cross-departmental effort involving the Ministry of Housing, Communities and Local Government, the Department of Health and Social Care, the Department for Work and Pensions, and clearly the Department for Education has a key role in achieving a much better outcome for children with special educational needs. We absolutely take away the intentions of this amendment, but would appreciate it not being pressed to a vote as part of the Bill. The conversation about special educational needs and improving the outcomes for children will, however, without doubt continue.

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

Ordered, That further consideration be now adjourned. —(Vicky Foxcroft.)

Adjourned till Tuesday 11 February at twenty-five minutes past Nine o’clock.

CWSB190 Liberty

CWSB191 Brighton & Hove City Council

CWSB192 The LEGO Group

CWSB193 Regulatory Policy Committee (RPC)

CWSB194 Defend Digital Me

CWSB195 Anita Patel-Lingam, Chair of the National Board for the Association of Elective Home Education Professionals (AEHEP); and Statutory Education Compliance Manager for Essex County Council

CWSB196 Krystena Jenkinson, Child Employment Officer for Dudley MBC and member of the National Network of Children in Employment and Entertainment (NNCEE)

CWSB197 Refugee Education UK and The Bell Foundation

CWSB198 A & J Designs (Staffs) Ltd

CWSB199 Coram

CWSB200 Dr Paul Andell, Associate Professor of Criminology, University of Suffolk; Dr Paul Nelson, Lecturer in Criminology, Anglia Ruskin University; and DI Kelly Gray, National County Lines Co-ordination Unit

CWSB201 Dr Joseph Mintz, Associate Professor in Education, University College London

CWSB202 National Counselling & Psychotherapy Society (NCPS)

CWSB203 Social Care Institute for Excellence (SCIE)

CWSB204 Dame Nicole Jacobs, Domestic Abuse Commissioner for England and Wales