August 2024
SEN IN THE NEWS – SUMMER 2024
The academic year 2023-24 ends with significant concerns raised over the SEN system and its ability to continue to cater for the needs of children with SEN.
In our quarterly news round-up we highlight some of the most important SEN news stories.
Huge Funding Shortfalls Identified
Source: https://www.bbc.co.uk/news/articles/ceqq46x068xo
Councils in England are forecasting a massive shortfall in budgets for supporting children with special educational needs. The BBC has found councils face a deficit of almost £1bn in schools’ funds for these pupils. Last year saw a 26% year-on-year increase, external in the number of new plans issued across England. It’s part of a complex picture of growing demand, which councils are struggling to meet from the central government funding they receive for special educational needs and disabilities.
Investigation by ITV News raises concerns over the effectiveness of the SEN System
Exclusive research for ITV News Regions and Nations reveals the cost and consequences of an education system that is failing some of the most vulnerable children in society. In a far-reaching investigation, ITV News’ exclusive poll combined with its largest-ever Freedom of Information project reveals:
- Nearly a third of parents (30%) have had to use the legal system to get their children the right provision;
- Over half of children (58%) with special educational needs and disabilities (SEND) have had to take time out of school because their needs could not be met;
- 36% of those children spent between a month and a year out of school, while 7% had spent more than a year out;
- Of the parents who used the legal system, 43% spent between £1,000 and £5,000, while nearly a third 29% spent between £5,000 and £50,000;
- The number of parents appealing over improper provisions is rising;
- Councils are spending millions fighting parents in the courts – only to lose most cases.
SEN System is “Broken”
The capacity of the education sector to meet the needs of children and young people with special educational needs and disabilities is broken, according to education secretary Bridget Phillipson. According to the latest report on education and children’s social care from education regulator Ofsted, a total of 389,000 children in England have an education health care plan (EHCP).
Children with EHCPs are those with the most complex needs, who have undergone a statutory assessment by their local authority. Additional support and funding is subsequently provided to meet the needs outlined on the EHCP. However, the Ofsted report also states that an additional 1,180,000 children have been identified with special needs but do not have an EHCP.
A 2024 survey by school leaders’ union NAHT found that 99% of the over 1,000 headteachers and other school leaders in England surveyed felt that they received insufficient funding to meet the needs of pupils with special needs. Nearly 80% said that they had reduced their number of teaching assistants, or the hours they worked. These support staff play a vital role in supporting children with special educational needs and disabilities.
Since the 2014 Children and Families Act reformed special needs provision, the number of children with EHCPs has risen by 140% and academic outcomes for pupils with special needs have not improved. This is despite the introduction of the special educational needs and disabilities code of practice in 2014 which required schools to improve attainment.
Postcode Lottery of SEN revealed in North East
New research has laid bare the “postcode lottery” faced by children with special needs and disabilities (SEND). In 2022, the percentage of vital education, health and care plans (EHCP) produced within 20 weeks in the North East of England ranged from 98 per cent to only 13 per cent. Similar disparities are present in other regions, such as the North West and Yorkshire and the Humber, according to the report by the Centre for Young Lives in partnership with Child of the North.
The vast majority of EHCPs for children with special needs are being processed late in some parts of the UK, with Newcastle Upon Tyne and Leeds being some of the worst offenders. Councils have a legal time limit of 20 weeks, in most cases, to issue an EHCP after a parent or school applies for one. But in 2022, only 49 per cent of EHCPs were produced within the 20-week statutory limit, rising by just one percentage point in 2023.
In Newcastle Upon Tyne, just 12.8 per cent of EHCP requests were processed in time in 2022, dropping to 6.5 per cent in 2023, according to data from the Department for Education (DfE). In comparison, just across the river in Gateshead, the rate was 98.5 per cent in 2022 and 86.9 per cent in 2023. Leeds shares similarly low rates with Newcastle Upon Tyne, with just 12.3 per cent of EHCP applications processed within the legal time limit in 2022, decreasing to 8.4 per cent in 2023. But in nearby Calderdale, there is a much higher rate of 99.4 per cent in 2022 and 97.8 per cent in 2023.
Local Government Association raises concerns at the affordability of the SEN System
Source: https://chamberuk.com/new-report-calls-special-needs-education-broken/
“The SEND system is broken” an independent report commissioned by ISOS found yesterday. The report, carried out by the County Council Network and the Local Government Association, looked at local government’s policy on Special Education since 2014. The 2014 system was designed to combat the ‘bias towards inclusion’ for children by allowing parents far greater control over what educational facilities their child received. Yesterday’s report was a harsh critique of the current 2014 regime and called for a dramatic overhaul.
“The Children and Families Act was a positive piece of legislation which created a single system for supporting children and young people with SEN and disabilities from 0 to 25. It was ambitious and the law is clear. Sadly, local authorities (and their partners) have shown themselves to be completely inept at operating the system and they have not implemented the necessary legal requirements. Blaming parents, funding and a lack of provision are no more than attempts by local authorities to cover up the shear incompetence of their management of the system. The reality is that local authorities are not fit for purpose and do not have the competence to deliver a first class SEN system. There is a reason why maintained schools became Academies and the Government needs to carefully explore whether local authorities are best placed to continue to be responsible for the administration of SEN services”.
Mark Small – Solicitor-Advocate