Source · Select Committees · Education Committee
Recommendation 85
85
Deferred
Place a clear statutory duty on health services for full participation in SEND provision.
Recommendation
The Government should place a clear statutory duty on health services, including ICBs and NHS providers, to ensure their full and accountable participation in the planning, commissioning, and delivery of SEND provision. This duty must align with the Children and Families Act 2014 and the SEND Code of Practice, which emphasises joint commissioning and integrated working. Strengthening statutory responsibilities for health is key to ensuring timely access to assessments, therapies, and interventions, and uphold the principle of a coordinated, child-centred approach to SEND support. (Recommendation, Paragraph 290) Expanding capacity within the SEND system
Government Response Summary
The government acknowledges the essential role of ongoing health and social care engagement and notes the non-binding nature of SEND Tribunal decisions for health bodies. They do not commit to placing a clear statutory duty on health services but state they will give full consideration to the Committee’s recommendations.
Government Response
Deferred
HM Government
Deferred
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.