Source · Select Committees · Public Accounts Committee
Recommendation 9
9
Acknowledged
Parental confidence in SEN system is low, with declining EHC plan processing times.
Conclusion
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
Government Response 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 consider building on previous work to deliver training sessions for local authority SEND caseworkers.
Government Response
Acknowledged
HM Government
Acknowledged
1.9 Most Education, Health and Care plans (EHC plans) and assessments are concluded without the need for a Tribunal appeal. However, the department recognises that some families struggle to get the right support they need, when they need it. 1.10 Issues causing Tribunal appeals will be best resolved through the broader systemic reform which the department is developing, which will take time. This is why it is working with Ofsted now to improve mainstream accountability and to increase expertise in the workforce. 1.11 The department will work closely with experts on the SEND reforms, and have recently appointed a Strategic Advisor for SEND, who will play a key role in engaging the sector, including leaders, practitioners, children, and families, as it considers next steps on reform. 1.12 In the meantime, the department will continue to work with Ministry of Justice, the SEND Tribunal and local authorities to better understand why appeal rates continue to rise sharply and address the key reasons why the Tribunal finds in favour of appellants, at least in part, for most appeals. For example, the department could look to build on work it has done before with the Independent Provider of Special Education Advice (IPSEA) and the Council for Disabled Children to develop and deliver “SEND and the law” training sessions for local authority SEND caseworkers, delivered in 2024.