I have posted a response but the responses have to be moderated
But this is what I have posted:
I think there is no genuine commitment or energy to change what is really wrong with the SEN system. The core problem is that decisions about meeting a child?s needs are left to LAs and their block contracted partners in the NHS who are working to funding demands and not to meeting need.
Nothing will change for parents who will still have to fight LAs (and their NHS services partners) who consistently deliver the cheapest possible generic provision under block contracts with no capacity or strategy for the objective measurement of outcomes
It?s all about money and control. LAs don?t want DPs and will get out of them at every opportunity as has been demonstrated by the poor levels of trialing for Pt 3 statementing provision. If a block contract is in place, the LA will refuse to offer a DP. They don?t want to lose control to independent therapists who may be more honest about a child?s need for support and who may actually quantify and specify this support in their reports as required by law. Whereas, of course, they routinely prevent LA instructed NHS therapists from doing this.
Unlawful practice is rife across LAs. Many parents are told ?we don?t do statements? or ?we have delegated all the money to school so you don?t need one? (see comments made to the Education Committee in front of your own Phillipa Stobbs) or a multitude of other blanket policies which try to put off applicants. How does the bill change the rampant law breaking which deprives a child of their rights? How does it help get provision in place when it is needed? How does it alleviate the burden on parents who have to spend thousands on independent reports to take a case to Tribunal? How does it stop councils dragging cases out for 6-8 months to Tribunal only to settle 2 weeks before knowing they won?t be penalised? How does it improve oversight of LA practice ? the LGO is useless? It doesn?t do any of these things. And we should all say so. LOUDLY
The focus of any reform should have been children?s rights not networking amongst professionals. The core of the reform process should have been about strengthening rights in the child?s favour to ensure that the law currently in place is actually enforced with clear penalties for non-compliance and law-breaking and legal aid being granted in the child?s name for Tribunals. This, and giving parents, and therefore their child, the RIGHT to choose their own health care providers for education as well as health provision would have helped enormously. But of course the Bill doesn?t do any of that. It doesn?t incorporate basic requirements of the Convention on the Rights of the Child or even emphasise that decisions should be taken int he child?s best interests.
It will not improve the lot of children with SEN and that really should be your starting point.