Source · Select Committees · Education Committee
Recommendation 28
28
Accepted
Mandate systematic monitoring of SEND Tribunal outcomes and support for failing local authorities
Recommendation
The SEND Tribunal must remain as a backstop of the accountability process. The Department for Education and Department of Health and Social Care must systematically monitor SEND Tribunal outcomes and identify local authorities that repeatedly fail to comply with their statutory duties. The Government should mandate the framework for reporting SEND Tribunal data and undertake focused work with poor performing local authorities to understand why they are so often failing to uphold their statutory duties and support them through resourcing and targeted intervention, including specialised training, to address underlying issues and ensure that the rights of children and young people with SEND are upheld. The SEND White Paper should explicitly identify and set out plans to address any structural or resource-related barriers to effective support. (Recommendation, Paragraph 145)
Government Response Summary
The government acknowledges the SEND Tribunal's role as a backstop and refers to the new SEND inspection framework, launched in January 2023, as its approach to monitoring local area performance and taking action for non-compliance, rather than committing to new systematic monitoring or data framework mandates.
Government Response
Accepted
HM Government
Accepted
We appreciate the Committee’s careful consideration of these issues and will respond to their recommendations on improving local authority accountability, including in relation to the SEND tribunal. Almost 95% of education, health and care plans (EHCPs) and assessments are concluded without a Tribunal hearing. Nationally, in 2024, there were 22,300 appeals registered, giving an appeal rate of 5.7%. However, we acknowledge that the SEND system does not work for too many families who face a lengthy, stressful and adversarial process to secure support for their child. We recognise the need for clear, independent routes of redress, retaining the SEND Tribunal as an important legal backstop for families who are unable to find resolution earlier in the process. We agree with the Committee that local authorities and education settings should prioritise good partnership working with families. All parties should work closely and collaboratively to develop solutions to their disagreements, so that children or young people get the support they need quicker without the need for a Tribunal appeal. 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. We will work closely with the Ombudsman and the Tribunal to determine their roles in a reformed SEND system. A new SEND inspection framework launched in January 2023, with all local areas to be inspected by 2027 to improve outcomes for children and young people with SEND. This inspection covers the role of the LA and the ICB. Where a local area does not meet its duties, DfE can take action that prioritises children’s needs and supports local areas to bring about rapid improvement. A recent review of the past two years of inspection identified the need for greater family involvement, reduced inspection burden and greater clarity of reporting including making clearer which partner should take forward areas for improvement where appropriate. DfE continues to work with Ofsted/CQC to refine the framework in line with wider SEND reforms.