Source · Select Committees · Education Committee
Recommendation 15
15
Deferred
Strengthen local authorities' ability to deliver EHC plans by compelling other services
Conclusion
Where EHC plans are issued, they carry a statutory duty which must be delivered in full. To make this a reality, the Department for Education should strengthen the ability of local authorities to meet these obligations by ensuring that the necessary levers are in place to compel other services, for example, NHS services, and commissioners such as local Integrated Healthcare Boards (ICBs). This must include coordinated action with the Ministry of Housing, Communities and Local Government to address wider pressures on local authority budgets and capacity, so that councils are properly equipped to deliver the provision set out in every EHC plan. (Recommendation, Paragraph 94) 157 Restoring parent trust and confidence
Government Response Summary
The government acknowledges the importance of accountability and will work with the Ombudsman and Tribunal to define their roles in a reformed SEND system. They also commit to giving full consideration to the Committee's recommendations on strengthening local authority powers and cross-departmental coordination.
Government Response
Deferred
HM Government
Deferred
Similarly, we recognise that the importance of ensuring that schools and local authorities are accountable for the services they have a duty to provide for children and young people with SEND. The Local Government and Social Care Ombudsman plays an important role in investigating SEND complaints against schools and local authorities. These investigations help ensure that any injustice suffered by children and young people with SEND is corrected and that local authorities adapt their decision-making process accordingly. We will work closely with the Ombudsman and the Tribunal to determine their roles in a reformed SEND system. In the meantime, I would like to place on record my thanks for the continued work that the Ombudsman and Tribunal do for families of children and young people with SEND. Ongoing health and social care engagement is essential in delivering effective education and support to children and young people with EHCPs. The SEND Tribunal currently makes non-binding decisions in relation to health and social care appeals, where there is also an appealable educational element. We know that in the majority of cases, these recommendations are followed by health bodies. We will, however, give full consideration to the Committee’s recommendations.