According to a recent investigation by the Guardian newspaper children with special educational needs and disabilities (SEND) are being failed by a system “on the verge of crisis” as demand for specialist support soars and threatens to bankrupt local authorities.
Parents of children with SEND are increasingly locked in prolonged and costly disputes with councils across England who are too often failing to deliver on their legal obligations.
As a result, many of the most vulnerable children in society end up without the support to which they are entitled, and are out of school for months – even years – as parents battle to secure the right provision to meet their child’s needs.
Appeals heard by the special educational needs and disability tribunal have nearly doubled in the past two years.
According to the most recent figures, parents are successful in 89% of tribunal hearings, prompting concerns that some local authorities are making poor decisions, delaying vulnerable children’s access to education.
The investigation found that between 2011-12 and 2015-16, the tribunal heard about 800 cases a year; in 2016-17 the number rose to 1,600 in the fallout after sweeping government changes for children with SEN and disabilities that came into force in 2014.
Findings by the local government and social care ombudsman, who investigates complaints about local public services, confirm worrying levels of council failure within the SEND system. Out of 200 investigations into parents’ complaints, the ombudsman, Michael King, found in favour of parents in eight out of 10 cases.
More than 1.2 million school pupils – about 15% of all those in England – have some kind of SEND, according to the Department for Education. Approximately 253,000 (3% of all pupils) have SEND statements or education and health care plans (EHCP), a legally binding document detailing the additional support that child needs.
Councils, suffering from years of budget cuts, warn the current system is “unsustainable”.
