In its latest report about the Education, Health and Care (EHC) plan process, the Local Government and Social Care Ombudsman says that it is now upholding nearly nine out of every ten (87%) cases it investigates. This it says is ‘unprecedented’ compared with its uphold rate of 57% for all investigations discounting special educational needs or disabilities (SEND) cases. The LGSCO’s latest statistics reveal that they are receiving more complaints in relation to these cases.
The new report, Not going to plan? highlights a number of case studies the Ombudsman has conducted over the past two years since the EHC plan system came into force, and provides local authorities with guidance on ways it can improve its services and a checklist for councillors to ensure that their local authority is complying with its legal requirements. It follows an earlier report in 2017 which looked at the first 100 investigations concerning EHC plans.
Common problems
The report presents a system in crisis with the Ombudsman investigating more complaints in this area than it has done before - an increase of 45% since 2016-17.
So, what are the common issues?
- Severe delays – of up to 90 weeks but regularly more than a year (the whole process should be completed within the required 20 weeks). The LGSCO expect local authorities, as the lead agency in the EHC process, to have appropriate commissioning and partnership arrangements in place.
- Applying the right legal test for an EHC needs assessment – local authorities have been found to be falling short.
- Lack of legally compliant assessments by not obtaining relevant evidence and information.
- Poor planning and anticipation of needs – such as council areas without any specialist provision available to them.
- Poor communication and preparation for meetings – including regular stories of non-attendance and no, or insufficient, paperwork submitted.
- Inadequate partnership working – with regular EHC plans issued without regular advice from relevant health or social care services.
- Lack of oversight from senior managers – cases ‘drifting’ and shifting responsibilities to parents.
It is clear that families of children with special educational needs and disabilities have found the SEND process a ‘battleground’. It is evident that the system and those statutory bodies responsible for the process need to address the issues highlighted in this report as there are serious concerns that many children with special educational needs are not getting the support they need, when they need it, which is adversely affecting their levels of educational attainment.
Do get in touch if you require support.
Kevin Duce, Principal Associate
Comments