The Local Government and Social Care Ombudsman said that children with special educational needs and disabilities are increasingly being failed by the system designed to support them.
An Education, Health and Care Plan (EHCP) states the support a child with SEND can receive.
The local government ombudsman's latest report about the process has found that it is now upholding nearly nine out of every 10 investigations (87 per cent) .
It said it was investigating more complaints than it has ever done before about EHCPs.
In 2018-19, it received 45 per cent more complaints than in 2016-17 (315 cases up from 217), and carried out 80 per cent more detailed investigations (126 up from 70).
The new report, ‘Not going to plan?’ looks at the common problems the ombudsman is finding when investigating parents’ concerns.
Serious issues include:
- severe delays of up to 90 weeks, and regularly more than a year, when issuing an EHCP,
- not anticipating local needs
- communication and preparation for meetings
- and a lack of oversight by senior staff.
The knock-on effect is that many children, often the most vulnerable in society, are not getting the right support at the right time, which is having a significant impact on their education and attainment, the ombudsman said.
Ombudsman Michael King said, ‘We are now upholding almost nine in 10 investigations we carry out about Education, Health and Care plans. This is exceptional and unprecedented in our work. Two years ago when the system was bedding in, we were concerned we were upholding around 80 per cent of investigations. That we are investigating and upholding significantly more complaints two years later suggests a system in crisis.
‘I am now particularly concerned some authorities may be putting in place extra barriers to ration scarce resources, rather than basing support on children’s needs. While I can empathise with the difficulties authorities face, there can never be an excuse for failing to meet the statutory rights of children.
‘I hope this report puts the children and their families’ experiences in the spotlight and the battles they face, and ultimately more urgency on the whole SEND system improving.’
Chair of the Local Government Association’s Children and Young People Board, councillor Judith Blake, said, ‘This report supports our long-term concerns that councils are in danger of being unable to meet their statutory duties for children with special educational needs.
‘While we are pleased the Government has announced an additional £700 million for children with special educational needs, without certainty over funding for the future the situation will get worse as the number of children who need support continues to increase.'
The LGA said there were currently 354,000 pupils with EHCPs,an 11 per cent increase since last year.
Jo Campion, deputy director at the National Deaf Children’s Society, said, 'The findings of this report are appalling, but sadly come as little surprise. Disabled children are clearly not getting the support they need, even when it’s meant to be legally guaranteed by an Education, Health and Care Plan.
‘Parents are already marching in the streets and taking the Government to court to get the support their children desperately rely on, but tragically don’t receive. If any more evidence were needed that the special educational needs system is in crisis, then this is it.
'The Government’s recent announcement of an extra £700m for the SEND system could be a real game-changer, but it’s time to sign the cheques and get this money to the frontline immediately. The futures of 1.3 million disabled children are currently hanging in the balance.’
A Department for Education spokesperson said, 'As the Ombudsman admits, this report is based on a very small sample size – covering less than 0.3 per cent of all cases in 2018.
‘Over 48,000 children were issued with new Education and Health Care Plans in last year, and the majority of these were completed within 20 weeks. During the assessment process children continue to attend their school and receive additional support, until their tailored support package is put into place.
‘We’ve also announced an extra £700 million for pupils with complex needs in 2020/21 – an 11 per cent increase on this year.
‘However, we know the system is not working well enough for every family, and have launched a review to introduce further improvements.’