Source · Select Committees · Education Committee
Recommendation 29
29
Accepted
Incorporate SEND Tribunal outcomes into area inspections to lower ratings for non-compliance
Conclusion
The outcomes of SEND Tribunal cases must be factored into area SEND inspections, with clear scrutiny of how repeated non-compliance reflects the quality and effectiveness of local provision. Where local authorities fail to uphold their statutory duties, this should directly lower their inspection rating. Ongoing failure must have clear consequences if accountability is to mean anything. (Recommendation, Paragraph 150)
Government Response Summary
The government highlights the new SEND inspection framework (launched Jan 2023) for improving accountability and outcomes, noting DfE can act when local areas fail duties, and states DfE continues to refine the framework in line with wider SEND reforms, without explicitly confirming that tribunal outcomes will directly lower inspection ratings.
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.