Written evidence submitted SEND Crisis Hertfordshire (SFC0025)
Hertfordshire Council’s Failing SEND Services Leave Families Struggling and Neglected
SEND National Crisis is a parent/carer led campain organisation in England. We held protests and marches in 28 Local Authority areas on the same day in 2019.
Damming Ofsted Inspection - Hertfordshire County Council is failing its most vulnerable children, as recent reports and inspections reveal systemic issues that impact the quality of support for children and young people with special educational needs and disabilities (SEND). A recent damming inspection report by Ofsted and the Care Quality Commission (CQC) exposed “widespread and systemic failings,” stating that many children with SEND do not receive the necessary assessments, support, and timely care they are entitled to by law.
Despite claiming to meet statutory standards, Hertfordshire Council’s own quality performance reports/meetings reveal that the council only aims to achieve a 60% delivery rate in Education, Health, and Care Plans (EHCPs), far below the 100% required by law. This failure directly impacts children’s education, health, and future opportunities. Families are forced into prolonged battles to secure necessary provisions, with a staggering 98% of appeals winning against the council’s decisions.
An independent review was raised on behalf of a parent and not as claimed sought by Hertfordshire Council - During a Judicial review claim The High Court has found that Hertfordshire County Council acted unlawfully in failing to complete a finalised Education, Health and Care (EHC) plan within the statutory period.
However, David Lock KC, sitting as a Deputy Judge of the High Court, adjourned the remainder of the judicial review claim which raised “wider systemic elements” about the way the local authority has acted.
Local Offer poor respite/activity services - Additionally, the availability of short-break services is insufficient, with lengthy waiting lists and limited access. This inadequate support leaves many families unable to find relief or necessary respite. While council leader Richard Roberts claims that sufficient services exist within the local offer, parents report otherwise, facing both limited options and restricted access to essential care and services.
New SEND Strategy x 4 - The lack of communication remains a significant concern, with complaints continuing to highlight unacceptable delays and insufficient responses from council departments.
EOTAS Packages – Anon parent – EOTAS packages are not sufficiently case managed or implemented fully. There is no Government guidance which I plan on pursuing with my local MP whom has already taken a case to parliament about the SEND crisis in Hertfordshire.
Fair Funding – This year (23/24) the funding allocated to Hertfordshire per head was one of the lowest in the country – ranking 148th out of the 150 education authorities.
This is based on a historic error from 2017, yet the Council have not attempted to fix the absurd funding formula which puts children in Herts at a permanent disadvantage
Post 18-25 – Post 18 education is beyond poor and virtually non existent especially if you require additional support. If you are MLD or SLD (moderate/severe learning disabilities you can do an ‘Independency life learning course’ that doesn’t stretch beyond the scope of one year and the only option which is often an unsuccessful programme, additionally many find the lack of support discriminates them further from continuing any form of education if you are fortunate to have the 1;1 support. This is not helpful if your child has already been failed throughout their education years.
Accountabilty/Tribunals/complaints and Omudsman duristiction - Despite receiving over a thousand complaints, the council has failed to implement effective changes. We often see internal policies taking precedence over the legislations in place to protect our vulnerable families ( HCC policies are often unlawful and blanket policies) Issues like delays in EHCP assessments, unmet statutory duties, and a high rate of dissatisfaction underscore the council’s disregard for legal obligations and family well-being.
The financial and emotional toll on families is incalculable. Hertfordshire’s children with SEND deserve better than a broken system that prioritizes targets over children’s lives. The council must act urgently to address these failings and uphold its statutory duties to every child with SEND in the county instead of defending ones self against the indefensible. Currently 2023/24 the amount of families currently appealing to SENDIST tribunals is approximately 530 and at an estimated £5000 per family appeal during the cost of living crisis is brutal on all of us.
The system is rigged against us –
Internal complaint policies against failures inflicted upon us does have a devastating impact in it self-having a year’s fight just to escalate to the LGO, LGO (Ombudsman) will only deal with a complaint within 12 months and has no real financial remedy. The compensation awarded by the Council if they are at fault is minimal and an insult to all families suffering hardships of no education for years. Families seldom use their rights to Judicial Review as its too costly often needing legal advice.
Please find surveys below
Survey
The ran survey in October 2021 to gather data on and understand the experiences of families within Hertfordshire regarding the lack of SEN officers over the previous 6 months. We have run the same survey again in January 2023, adding a question regarding the Ask SALI helpline and opening the survey up to both families and professionals, in order to establish whether there has been any change in regards to the lack of SEN officers within Hertfordshire in the 15 month since we ran the first survey.
This is the first of two reports detailing the results of the survey from January 2023 and focuses on the statistical answers made in response to the survey. Please also see the comments report for further results.
Introduction
SEN officer turnover
Communication Issues – summary
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