Recommendations & Conclusions
5 items
3
Recommendation
1st Report - Support for children and y…
Acknowledged
The Department has not made clear what it means by inclusive education, a core strand of its approach, or how it will be achieved. A core aim of the Children and Families Act 2014 was supporting children with SEN in more inclusive mainstream schools, but the Department has made little …
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The Department has not made clear what it means by inclusive education, a core strand of its approach, or how it will be achieved. A core aim of the Children and Families Act 2014 was supporting children with SEN in more inclusive mainstream schools, but the Department has made little discernible progress. It has not defined or set out what inclusive education should look like, or provided specific funding for inclusivity, despite this being at the heart of its approach. There are few incentives for schools to be inclusive, with performance data focussing only on academic attainment and no separate judgement by Ofsted on SEN. Schools can often feel that others are not accepting their share of children with SEN. Local authorities have limited influence over academies to affect these decisions. This is also an issue in regard to selective education settings (e.g. grammar schools) found in parts of England. The Department acknowledges that it has not looked hard enough at barriers to inclusivity. It suggests that the ongoing curriculum review and proposed changes to Ofsted inspections provide an opportunity. In June 2023, only 56% of teachers felt confident to support children with additional needs, and the Department has several initiatives underway to improve training. It is also funding training for additional educational psychologists to provide both more support within schools and undertake assessments for SEN. The 2014 Act was intended to identify needs earlier, but the Department does not have a defined process or specific funding to achieve this. 4 recommendation The Department should, within the next six months, set out the provision which children with SEN support should expect. Alongside this, they should set out what inclusive education means and looks like, and the level of resourcing both to ensure the support for children with SEN and the maintenance of educational provision for other children in the same setting. The Department should also set out how i
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Government response AI summary
The government agrees to work towards a more inclusive education system but states it cannot meet the six-month deadline, promising further details later this year. It mentions ongoing efforts in teacher training, including a January 2025 review of National Professional Qualifications with a focus on …
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HM Treasury
5
Conclusion
1st Report - Support for children and y…
Acknowledged
Departmental witnesses could not provide any potential solution to the critical and immediate financial challenges facing many local authorities due to persistent and significant SEN-related overspends. The impact of these are being deferred under the temporary “statutory override” scheme, which is due to expire in March 2026. This is currently …
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Departmental witnesses could not provide any potential solution to the critical and immediate financial challenges facing many local authorities due to persistent and significant SEN-related overspends. The impact of these are being deferred under the temporary “statutory override” scheme, which is due to expire in March 2026. This is currently expected to cause nearly half of all English local authorities to be at risk of effectively going bankrupt. With increasing demand for EHC plans, most local authorities have overspent their annual high-needs budget each year since 2016–17. This has contributed to growing cumulative deficits for many 5 local authorities within their dedicated schools grant budgets, with others using reserves to cover SEN costs. Since 2020, local authorities have been able to exclude these deficits from their main revenue budgets, so avoiding these overspends impacting their overall financial position. However, this only hides the deteriorating financial situation. When this arrangement ends in March 2026, 66 local authorities (43%) could be at risk of breaching their statutory duty to set a balanced budget, and so would be effectively bankrupt. Despite the obvious urgency, there is no solution in place to what will be an estimated £4.6 billion cumulative deficit. The Department is discussing the issue with the Ministry for Housing, Communities and Local Government (MHCLG) and HM Treasury, but says the issue is complicated given local authorities’ differing financial situations. There is a real risk of unfairness in the treatment of local authorities given some have accrued SEN-related deficits and others have avoided doing so. Left unresolved the issue risks undermining the whole of local government finance. recommendation Given the risks to local authorities’ finances, central government must urgently involve local authorities in conversations to develop a fair and appropriate solution for when the statutory override ends in March 2026, clear
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Government response AI summary
The government agrees with the urgency of addressing local authority SEND overspends and Dedicated Schools Grant (DSG) deficits but states it could not set out plans by March 2025. It intends to set out further details for reforming the SEND system later in 2025, which …
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HM Treasury
7
Conclusion
1st Report - Support for children and y…
Acknowledged
The Department’s ability to reform the system is hindered by a lack of data, targets and a clear, costed plan. The Department accepts the need for major change, but lacks a clear, costed plan to push forward reforms and measure progress. Despite taking years to develop a plan to address …
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The Department’s ability to reform the system is hindered by a lack of data, targets and a clear, costed plan. The Department accepts the need for major change, but lacks a clear, costed plan to push forward reforms and measure progress. Despite taking years to develop a plan to address recognised challenges, the Department recognises it needs to be much clearer on what it needs to achieve, how and when, through a costed plan with interdependencies and metrics for progress and benefits. In setting out metrics, the Department conceded it needs to further develop how it will look beyond educational attainment to understand if the system is working, such as by considering attendance which may indicate children feeling supported. The Department has a long way to go to build data across a range of areas, such as on SEN mainstream schools places, home to school transport and whole system costs. It continues to test dashboards across 32 local authorities, but it is unclear how these data will be used and when. recommendation The Department should urgently improve its data, and then use this information to develop a new fully costed plan for improving the SEN system, with concrete actions, and clear interdependencies, alongside metrics to measure outcomes. 7 1 Support for children and their families Introduction
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Government response AI summary
The government agrees, highlighting improvements to EHCP (SEN2) data collection from 2023 and the publication of SEND Futures study findings in December 2023. It notes an almost £1 billion funding increase announced in Autumn Budget 2024, but the comprehensive, fully costed plan for improving the …
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HM Treasury
9
Conclusion
1st Report - Support for children and y…
Acknowledged
The Department described how parental confidence provided a core indicator of an effective SEN system but that, with a third of parents having children with SEN in the state system feeling their child did not get necessary support, the system was “nowhere near good enough”.16 Families lack confidence in a …
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The Department described how parental confidence provided a core indicator of an effective SEN system but that, with a third of parents having children with SEN in the state system feeling their child did not get necessary support, the system was “nowhere near good enough”.16 Families lack confidence in a system where it does not meet expectations. The proportion of EHC plans issued within the statutory 20-week target was 50% in 2023, down from around 60% in the period 2018 to 2021.17 The Department attributed lengthening waiting times to increasing demand for EHC plans, which it described as “rational” given that less support is available for those without a plan, creating a “vicious cycle” of demand. It aimed to reduce the waiting times before children received SEN support by ensuring that this support did not necessarily depend on children going through the assessment process to get an individualised EHC plan.18 10 Q 2 11 C&AG’s Report, paras 7 and 1.6, Figure 1 12 Q 8 13 Q 4 14 Q 3 15 Q 2 16 Qq 3, 62 17 C&AG’s Report, para 8, Figure 7 18 Q 10 10
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Government response AI summary
The department recognises that some families struggle to get the right support they need, when they need it, and aims to address issues causing Tribunal appeals through broader systemic reform. It will work with the Ministry of Justice, the SEND Tribunal and local authorities and …
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HM Treasury
10
Conclusion
1st Report - Support for children and y…
Acknowledged
Parents are also increasingly appealing EHC plan decisions with the proportion being taken to a tribunal, parents’ final recourse for complaints, increasing from 1.6% in 2018 to 2.5% in 2023. The number of decisions appealed increased from 6,000 in 2018 to 15,600 in 2023. Nearly all (98%) were decided in …
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Parents are also increasingly appealing EHC plan decisions with the proportion being taken to a tribunal, parents’ final recourse for complaints, increasing from 1.6% in 2018 to 2.5% in 2023. The number of decisions appealed increased from 6,000 in 2018 to 15,600 in 2023. Nearly all (98%) were decided in favour of families, which the Department explained by decisions being recorded in their favour should they win on any aspect.19 With one in 40 cases going to tribunal, the Department confirmed the SEN system was not operating sensibly and did not represent value for money.
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Government response AI summary
The department recognises that some families struggle to get the right support they need, when they need it, and aims to address issues causing Tribunal appeals through broader systemic reform. It will work with the Ministry of Justice, the SEND Tribunal and local authorities and …
Read full response →
HM Treasury