Written evidence from Professor Amel Alghrani, Dr Emma Ashworth, Professor Lucy Bray, Dr Joanna Kirkby (CFA0006)
HOUSE OF LORDS CHILDREN AND FAMILIES ACT 2014 SELECT COMMITTEE INQURY
The Ask, Listen, Act Study Briefing: Children and Families Act 2014
Dr Emma Ashworth (Liverpool John Moores University), Prof. Lucy Bray (Edge Hill University), Prof. Amel Alghrani (University of Liverpool) and Dr Joanna Kirkby (Liverpool John Moores University)
If you would like to find out more about the key findings please visit the project webpage:
About the study
1. We are a group of researchers from Liverpool universities who throughout 2021 have been researching the impact of the COVID-19 pandemic on children with SEND's education, health and social care. The reason we are submitting evidence is that we have conducted research into the impact of the pandemic on children with SEND and findings have shown that the Children and Families Act 2014 was not always upheld/did not adequately meet children’s needs. We have evidence that can help to improve this in the future to prevent further negative impacts.
The Downgrading of The Children and Families Act 2014 Legal Duty During the COVID-19 Pandemic
2. One of the earliest legislative changes enacted under the Coronavirus Act 2020 was to reduce the legal duty contained in section 42 of the Children and Families Act 2014, which places an 'absolute duty' on Local Authorities to meet the needs of children and young people with SEND. This was replaced with a 'reasonable endeavours' duty. However, this was enacted without the benefit of either a children's rights impact assessment (CRIA) or an equality rights impact assessment (ERIA). The evidence from this research highlights that:
3. The downgrading of the legal duty during the pandemic was harmful to children with SEND. Children with SEND should continue to be protected by the Children and Families Act 2014, even during exceptional circumstances. If continued protection according to the Children and Families Act 2014 is not possible, any temporary change of the Children and Families Act 2014 must only be enacted following either a children's rights impact assessment (CRIA) or an equality rights impact assessment (ERIA).
The Evidence
4. Before the pandemic, many aspects of the SEND system were already underfunded and often ill-equipped to meet the needs of children and young people with SEND. The pandemic disproportionately impacted children with SEND, exacerbating already stark inequalities and weaknesses in SEND provision. Recovery from the pandemic requires:
5. Proper implementation of the existing SEND legal framework across the country to ensure the rights of children with SEND are upheld.
6. Increased and sustained investment from the government across all sectors to ensure sufficient staffing, resources (financial, human, technical ,informational and otherwise) and facilities are available to meet the needs of children and young people with SEND.
Education, Health and Care (EHC) Plan Needs Not Met
7. Out of 483 parents whose child had an EHC Plan, only 6% (n=31) of parents reported that their child’s needs were ‘completely met’. Here was one parent's response to the question, ‘In relation to her EHCP, do you think her needs were met over the pandemic?’:
“No. Absolutely not. It went out the window entirely. There was nothing. Nothing. Nothing at all… There was no consideration that we had an EHCP, or that provision should have been put in place. It was just no, nothing.”
8. Ensure that a child’s provision as detailed within their EHCP is still delivered, even during periods of lockdown or pandemic restrictions.
Children with SEND were Denied their Right to Healthcare
9. During the first lockdown, parents said that their child with SEND had decreased access to important speech and language therapy, physiotherapy, occupational therapy, mental health support from child and adolescent mental health services (CAMHS), respite and short breaks, and support groups than they had done before the pandemic (Table 1).
Table 1: The proportion of parents/carers who told us that their child was accessing health and social care before the COVI D-19 pandemic and during the first national lockdown
| Pre COVID-19 | First lockdown |
Speech and Language Therapy | 41% (n=88) | 1% (n=2) |
Physiotherapy | 32% (n=66) | 2% (n=3) |
Occupational Therapy | 35% (n=77) | 2% (n=3) |
Mental Health Support from CAMHS | 24% (n=55) | 5% (n=9) |
Respite and Short Breaks | 29% (n=64) | 3% (n=6) |
Support Groups | 30% (n=62) | 2% (n=4) |
10. Ensure uninterrupted regular and ongoing access to healthcare and therapies (especially in school) for children and young people with SEND, even during lockdowns and restrictions.
Children with SEND were Denied their Right to an Education
11. Most parents (89%; n=655) told us that their child was not able to access face-to-face education throughout the pandemic and almost half of parents (46%, n=261) said that remote learning was not at all effective in meeting their child’s needs. One parent told us:
“So the last headteacher... I had to ring her up and say we’re both keyworkers, he needs to come into school, and she was still refusing… because he needs a lot more support, she decided that he would be the one that wouldn’t be in school... I emailed back to say he’s got a legal right to be in school, but then she didn’t get back to me after that.”
12. During lockdowns, ensure all children with SEND (whether they have an EHCP or not) are offered the opportunity to attend in person education provision full time where possible.
Children with SEND's Declining Mental Health
13. 65% (n=179) of parents said that because of the lockdowns their child’s mental health got worse. Many parents shared accounts of their child's declining mental health during the national lockdowns:
"Being very sad, saying he didn't want to live the next day. He stopped eating for three days last autumn, and we ended up in A&E because he wanted to die… He didn't understand what was happening."
14. Any Government responses to the pandemic, including future restrictions or lockdowns, need to consider evidence which demonstrates how lockdowns impact on the mental health of children with SEND, and ensure provision is put in place to mitigate these. This should be underpinned by a Children’s Rights Impact assessment (CRIA).
15. Mental health services need to maintain the same, or increased, level of service for children with SEND if lockdown restrictions come back into force and continue to offer the option of face-to-face appointments.
Children with SEND's Friendships, Social Skills and Play
16. Parents said that because of the lockdowns their child’s social skills (71%; n=198), opportunity to play (86%; n=441), and make and sustain friendships (69%; n=407) had got worse. Children's playgrounds, clubs and activities were closed. Not being able to see their friends and family, or engage in clubs and activities caused harm to children with SEND. One child told us:
"I was lonely. I could not use zoom like other children. I cannot see, and the sound is not enough. I could not follow the conversation. I really need to touch people to know what they are paying attention to."
17. Children with SEND should always have their right to play and engage in physical and leisure activities upheld in future lockdowns along with continued access to outdoor playgrounds and sensory rooms.
18. Government guidelines should allow children and young people with SEND to play in close pairs or social bubbles and engage in repeated mixing during periods of lockdown.
This study/project is funded by the National Institute for Health Research (NIHR) [Policy Research Programme (Recovery, Renewal, Reset: Research to inform policy responses to COVID-19]. The views expressed are those of the author(s) and not necessarily those of the NIHR or the Department of Health and Social Care.
March 2022
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