Spotlight on SEND
We are seeing a rapidly increasing number of enquiries relating to the management of pupil SEND and SEND funding, often involving parental complaints and claims of discrimination. These matters are frequently emotive, complex and time consuming, with no ready 'fix'.
The system, acknowledged last month by the Education Select Committee as being under “unsustainable pressure” and not meeting children’s needs, is sometimes letting down children and their families and creating intense pressure on schools.
Bridget Phillipson recently published her Letter from Secretary of State for Education to the Education Select Committee in response to the Committee's 'Solving the SEND Crisis' report of 1 September. She echoed some of the conclusions reached by the Select Committee, talking of the need for high quality support as soon as a need is identified and without the need for an EHCP, and for its delivery becoming an intrinsic part of the mainstream system, supported by special schools for those with the most complex needs. We can expect significant change - with the possibility of new legislation, clearer national standards and a re-working of EHCPs - but the details are not yet clear and the White Paper expected this autumn has been pushed back to early 2026. In the meantime, the government will be looking to build consensus around the proposed reforms through the principles for reform (set out in Bridget Phillipson's letter) and a series of listening exercises.
Local authorities have an absolute duty to secure special educational provision where it is listed in a child's EHCP (unless a parent has made suitable alternative arrangements). A school's equality duties do not 'trump' the local authority's obligations, but pressure is often placed on schools to do more by both parents and local authorities. Parental focus is often targeted at the school rather than the authority. The government has indicated an intention to hold both authorities and schools to account where needs are not being met.
While many will welcome the prospect of reform, this will take time. To work with the current system effectively for the benefit of their pupils, staff need to have the knowledge, skills and resource to identify and address emerging need, to support children and their families, and to liaise with and appropriately challenge local authorities about assessment and funding. We hosted a discussion forum at the HMC conference about this. Schools are thinking creatively about how to meet the challenge, with adaptation of existing electronic management systems or the creation of bespoke ones to record need and assess outcomes, new senior appointments and additional resource to assist with the preparation of costed plans and negotiation with local authorities and with a renewed focus on supporting parents and staff to identify additional needs early and understand the framework for support, so they can take action where it is needed. While the future is uncertain, all acknowledged the need for action now and that the sector can benefit from collating evidence of cost-to-outcome, quality metrics.