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.

Inclusive education in London schools “vital” for young people with SEND

Ensuring London’s schools are ‘genuinely inclusive’ is vital to protect the success of schools in the capital as the number of children with special educational needs and disabilities (SEND) grows, London Councils has warned.

According to a new report commissioned from Mime Consulting, across London, the cohort of school pupils with SEND grew by 21% in the five years from January 2019 to January 2024, up to more than 250,000 pupils.

The number requiring Education, Health and Care Plans (EHCPs) has grown even more quickly, up by more than 50% in the same time period.

According to Mime Consultting, there are a number of barriers in the capital that prevent inclusion from being part of a school’s offer to pupils.

Inclusive education is the practice of educating students with and without special educational needs in the same classroom, while ensuring the needs of all pupils are met.

The report observed that inclusion in London’s schools provides “greater opportunities” for young people with SEND, and noted that there are “many examples” of good practice across the capital.

However, it warned that in London there are a number of barriers that prevent inclusion from being part of a school’s offer to pupils, including “insufficient funding” for many local authorities to meet their statutory duties.

For instance, the report found that only 1% of school senior leaders believe they have enough funding to meet the needs of their pupils with SEND.

London Councils said: “This has a knock on effect in many areas, including a reduction in the number of teaching assistants, who have a crucial role in supporting SEND pupils.”

The report found that “heavy reliance” on third-party agency teaching assistants has grown by 245% in the last decade.

Further, it observed a “significant and growing gap” in outcomes for pupils with SEND in London compared to pupils without SEND.

London Councils said: “Children with SEND face higher rates of suspensions, being absent, and leaving schools compared to their peers without SEND. There is also disparity among black pupils with SEND in London, who are more likely to be suspended than other pupils with SEND and pupils without SEND.”

The report noted that inclusion is harder to achieve in schools with high rates of deprivation.

In light of its findings, London Councils made the following recommendations to improve inclusion in schools:

  • A properly trained and supported workforce with the skills needed to deal with greater number of pupils with SEND would allow for more inclusion in mainstream schools.
  • Greater funding and an updated framework for performance measures – to support mainstream schools to offer inclusive education to pupils with SEND in their area, while establishing inclusion as common practice.
  • An increase in collaboration between education providers, NHS, local authorities and parents to ensure a supportive and strengthened education environment for children with SEND.

Further, the report called on the Government and the Department for Education (DfE) to increase support for SEND specialist teachers and to professionalise teaching assistant roles.

Cllr Ian Edwards, London Councils’ Executive Member for Children and Young People, said: “This report shows the clear benefits that inclusion in schools can have for both children with and without SEND. Currently, school leaders and London boroughs show commitment to inclusion, but in practice they are not always able to deliver. This has to change, and we need all education partners and Government to come on board to support schools to move towards a genuinely inclusive education model.

“We’re pleased to see government taking steps, committing in last week’s Budget to spend an additional £1 billion to help with the underfunding of SEND as well as promising to reform the SEND system. We look forward to shaping those reforms with national government.

“With the number of pupils with SEND growing nationally, increasing by 27% from January 2019 to January 2024 and reaching 1.7 million pupils across England, we must take steps now to ensure all children in London and across the country get access to an excellent education.”

A Department for Education spokesperson said: "The system we inherited has been neglected to the point of crisis, with children and families with SEND being failed on every measure.

“Every child and young person deserves the best life chances and the opportunity to achieve and thrive, which is why we announced a significant £1bn investment in the SEND system in the budget.

“We are determined to rebuild families’ confidence in a system so many rely on. The reform families are crying out for will take time, but with a greater focus on mainstream provision and more early intervention, we will deliver the change that is so desperately needed.”

Lottie Winson