GLD Vacancies

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.

Some local authorities making "substantial improvements" in social care, but high demand for SEND services straining “limited resources”, finds Ofsted

Ofsted has found “reasons for optimism” in its annual report on education and children’s social care, alongside a “troubling shift” in behaviour regarding attendance and concerns over continued pressure on social care.

The 2023 report revealed that overall, 89% of all schools are now judged “good” or “outstanding” at their most recent inspection, a slight increase from 88% at the end of last year.

However, it was found that since the pandemic, absenteeism has become a “stubborn problem” in schools and disruptive behaviour has become more common.

Ofsted’s Chief Inspector, Amanda Spielman, warns that the social contract between parents and schools has been "fractured", highlighting evidence of parents who are “increasingly willing” to challenge school rules.

The report found that "thousands" of children across England are being educated in unregistered settings, some of which are putting children at risk of harm.

Ofsted revealed it has "regularly" found unregistered schools operating from “unsafe and inappropriate” premises, unregistered providers led by “profoundly unsuitable people”, including some with criminal convictions, and children receiving an “extremely limited” curriculum.

As well as illegal schools, there are children in unregistered alternative provision (AP). The report notes that the shortage of special school places also means that AP is sometimes used as a “shadow SEND system”.

AP provides education for pupils with complex needs that can't typically be met in mainstream schools. Ofsted added that currently, not all AP needs to be registered or inspected.

The report noted: "Tackling substandard unregistered Alternative Provision (AP) and improving registered provision must be priorities."

Positively, the report acknowledged that some local authorities are making "substantial improvements" in social care.

However, the report found that high demand for special education needs and/or disabilities (SEND) and mental health services is straining “limited resources”.

Further, continued pressure on social care with increasing demand and limited supply means the right provision and support for children is not always available locally.

“The pressure has led to an increasing number of children ending up in unregistered placements, often deprived of liberty or living too far from home”, Ofsted warned.

It added: “We need to see a better range of options for children currently on deprivation of liberty orders so they experience safe care with no more restrictions on their lives than are properly needed”.

The report noted that unregistered homes represent a “significant issue” in the social care sector. Last year, Ofsted identified 370 such premises that were operating illegally, however, most closed when they were challenged.

His Majesty’s Chief Inspector, Amanda Spielman, said: “In my last annual report, I want to draw attention to the progress I have seen in education and children’s social care, not just over the last academic year but over the seven years I’ve had the privilege of being Chief Inspector.

“The pandemic, with all its disruptions, has of course overshadowed this period and left a troublesome legacy. This is evident not just in the educational and developmental gaps that some children are still struggling with – but also in a fracturing of the traditional social contract between schools and families. We see its impact in lower school attendance, poorer behaviour and friction between parents and schools. Restoring this contract is vital to sustaining the progress we’ve seen.

“My final Annual Report as His Majesty’s Chief Inspector shows that we can and should be optimistic about education and social care in England. That optimism reflects the remarkable resilience of children and the determination of learners of all ages. And it’s also testament to the talent, commitment and effort of thousands of people working in education and social care.”

Lottie Winson