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SPOTLIGHT

A zero sum game?

The number of SEND tribunal cases is rising and the proportion of appeals ‘lost’ by local authorities is at a record high. Lottie Winson talks to education lawyers to understand the reasons why, and sets out the results of Local Government Lawyer’s exclusive survey.

LGO urges councils to address problems with education, health and care plans

Families of children with special educational needs can face a “disproportionate burden” to get the support they need, the Local Government and Social Care Ombudsman has said.

Ombudsman Michael King has issued a report on the most common issues found in his first 100 investigations into complaints about the new education health and care plans (ECHP), which were introduced in 2014 to replace statements of special educational needs (SEN).

Mr King said: “When councils get things wrong it places a disproportionate burden on families already struggling with caring and support: some families have to go well beyond the call of duty to confirm the type of support their children should receive.

“We issued a report in March 2014, highlighting the shortcomings which needed to be addressed with the new EHCP system. Regrettably, our first 100 investigations show this has not happened.

“The system is not failing universally. But for those people who come to us, we are finding significant problems – sometimes suffering long delays in getting the right support and children ultimately failing to reach their potential.”

Children who have the old SEN statements should be transferred to ECHP by April 2018 but as of January 2017 only just under one-third had been.

Many plans were not completed on time, Mr King said, with less than 60% of EHCPs issued within the 20-week timescale in 2016.

Although only a small number of complaints have so far been made, Mr King said his investigators had upheld nearly 80% of those it has received, far in excess of the 53% average for complaints of all kinds.

The report said “one of the overriding features” of the cases examined had been significant delays in the process.

Others included failing to involve parents and young people properly in the decision-making process, not gathering sufficient evidence to inform decisions, and a lack of forward planning  

Richard Watts, chair of the Local Government Association’s children and young people board, said thousands of ECHP had been put in place and two-thirds of parents were happy with the support provided by their councils.

“The LGA was clear with government from the outset that the reforms set out in the Children and Families Act were significantly underfunded given the unprecedented rise in demand for [special educational need] support,” Cllr Watts said.

“With transitional funding set to end in March 2018, there is increasing concern among councils that at a time of rising demand, they will be unable to meet the needs of children and families in their areas."

The Ombudsman earlier this month criticised Sheffield City Council over late production of an ECHP.

Mark Smulian