A national watchdog is needed to guarantee that all children with special educational needs and disabilities (SEND) receive support, the Government has been told.
A new report by Isos Partnership, shared exclusively with The i Paper, states that a new SEND system that does not rely on statutory education, health and care plans (EHCP) requires “teeth” to ensure families get the support they need.
Commissioned by the Local Government Association (LGA), the analysis lands days before Chancellor Rachel Reeves is due to set budgets for all Government departments in her spending review.
The report calls for “significant initial investment” in SEND settings and services and the creation of a national body with the power to enforce standards and protect families’ rights, especially those without an EHCP.
It comes as ministers have refused to rule out scrapping or tightening restrictions on who gets EHCPs, which are legal documents guaranteeing council-funded support for SEND children.
Without EHCPs, parents are scared their children will not get access to the support they need.
The Isos report, which is an addendum to last year’s publication on the future of the SEND system in England, describes the current system as a “vicious circle that reduces support for all children and young people”.
It states that non-statutory SEND support has been “hollowed out”, leaving parents now feeling like they have to fight for an EHCP to guarantee any help at all.
“Parental confidence is at zero,” one parent told researchers during a series of workshops involving council officials, health leaders, teachers and parent carers.
“The only way to get support is through the EHCP process…and then you end up bitterly disappointed by the outcome.”
The authors argue that a broader, non-statutory “core offer” of SEND support must be rebuilt – and crucially, must be enforceable.
They write: “We think it is vital that a future system provides a much broader ‘core’ offer of support for all children and young people who need it, which does not depend on them having a statutory plan.
“For such a system to work, there would need to be significant initial investment in building the capacity of settings and services to deliver this ‘core offer’.
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“Furthermore, that offer of support would need to have ‘teeth’ in the sense of effective accountability and routes of redress for families.”
Cllr Tim Oliver, chair of the County Councils Network, said the report’s proposals outline a “sustainable path forward with greater inclusion within mainstream schools and early years at its core”.
“What we are advocating for is not a reduction in support or entitlement, but instead a system where all children’s needs are supported as close to their home and community as possible, and those with specific needs supported via specialist help,” he said.
But campaigners are fearful that cutting down on EHCPs means SEND children will “lose the rights to learn and achieve that their classmates have”.
Katie Ghose, vice chair of the Disabled Children’s Partnership, said:“Plans aren’t the problem with the SEND system. The problem is historic underfunding and a failure to identify and meet every child’s needs at the earliest opportunity.
“Young people with additional needs will always require a plan that identifies what support will help them learn and enjoy their time at school. It’s common sense that families and professionals get together to decide the best course of action for a child, what the ambitions are for them, what extra help is required and who is responsible for providing that help.”
She added: “We are right behind the Government’s vision for inclusive schools, but how will disabled children get to enjoy an ordinary school day – making friends, having fun and enjoying lessons, without plans that recognise and resource their needs?
A Department for Education spokesperson said: “This government inherited a SEND system left on its knees – which is why we are looking at changes to improve support for children and stop parents having to fight for help.
“As part of our Plan for Change, we will restore the confidence of families up and down the country and deliver the improvement they are crying out for so every child can achieve and thrive, including more early intervention to prevent needs from escalating and £740 million to encourage councils to create more specialist places in mainstream schools.”
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