Weekly Newsletter - 1.08.2024

The latest on SEND system reforms, financial challenges, and crucial policy changes

Special Educational Needs

Education Risk

The Department for Education (DfE) has elevated the financial pressures on the special educational needs and disabilities (SEND) system to a top-tier risk, as detailed in its 2023-24 annual report. The report highlights that the demand for SEND services is very likely to continue outstripping available funding, rendering the system financially unsustainable. This escalation follows the Local Government Association's revelation that 85% of councils are now in deficit with their high-needs budgets.

The report also notes that rising requests for education health and care plans (EHCPs) have significantly contributed to these pressures. While school buildings and cybersecurity remain principal risks, they have remained stable. The DfE's shift in focus from industrial action and education recovery disparities underscores the growing urgency of addressing SEND financial challenges.

Education Policy

The Local Government and Social Care Ombudsman (LGSCO) investigates complaints about local authorities, including those related to Special Educational Needs and Disabilities (SEND). Despite concerns about raised thresholds for SEND complaints, the LGSCO reassures that it remains committed to addressing serious injustices, with SEND cases comprising 45% of its investigations.

Before making a complaint, it's crucial to understand the LGSCO's scope. Issues that can be resolved by the SEND Tribunal, such as disagreements over EHC plans, should be directed there. In some cases, judicial review may be more appropriate. Detailed guidance is available on the LGSCO website to help navigate these processes effectively.

SEND Failures

Local authorities are failing to provide legally entitled support to children with special educational needs and/or disabilities (SEND). Over 90% of UK tribunals side with parents in disputes, yet councils blame the tribunal system or parents instead of admitting their own flaws. Mark Walker of Kent County Council controversially compared the tribunal system to Japan's justice system, sparking anger among SEND advocates.

Funding issues exacerbate the problem, with central government providing insufficient resources. Local authorities, supported by the Local Government Association, divert attention from their shortcomings and lobby for changes that would make it harder for parents to fight for their children's rights. This leaves parents entangled in bureaucratic processes while their children suffer.

SEND Debt Crisis

English councils face a potential financial crisis due to a £5bn debt from overspending on Special Educational Needs and Disability (Send) services. The Local Government Association and County Councils Network report highlights the system's dysfunction and calls for urgent reform, including a £2.2bn short-term funding injection and a shift towards mainstream school provisions.

The report criticises the previous government's handling of Send overspending, which allowed debts to accumulate off-balance sheet. With debts due in April 2026, councils have no clear means to repay, risking bankruptcy. Education Secretary Bridget Phillipson acknowledges the system's failure and promises a planned, collaborative approach to reform, though changes will take time.

Accessibility Issues

Only 4% of disabled children in England can find a holiday club that meets their needs, according to research by the Disabled Children's Partnership and Contact. This lack of accessible clubs leaves many children, like 12-year-old Max, feeling isolated and unable to participate in activities that their peers enjoy. Max's mother, Chloe, highlights the difficulty in finding suitable clubs, noting that mainstream options often fail to accommodate his additional needs.

The Loneliest Summer report, based on a survey of 1,800 parents, underscores the importance of structured activities for disabled children. 77% of families expressed a desire for holiday clubs to help their children socialise, while over half reported feelings of isolation during the summer break. The report calls for urgent action to increase the availability of inclusive holiday clubs to support the well-being and social development of disabled children.

Systemic Failures

Parents of children with special needs are justifiably furious with a failing system that often blames them for their children's struggles. A now-deleted tweet aimed at special educational needs coordinators (SENCOs) suggested a session on handling "the hardest, angriest parents," sparking outrage. This reflects a broader issue where parents are unfairly labelled as either overprotective or neglectful.

The system's failures extend beyond schools to services like Childhood & Adolescent Mental Health Services (CAMHS), occupational therapy, and speech and language therapy, all plagued by chronic underfunding and institutional inertia. This systemic failure is a human rights issue, and parents' anger is growing. With an upcoming election, politicians should heed this frustration, as it will likely influence voting behaviour.