Recommendation 64

HM Government Acknowledged

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. 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. 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.