SEN0038

Written evidence submitted by Mrs Charlotte Plant

Introduction

I am a parent of a child with SEND and have been navigating the EHCP (Education, Health, and Care Plan) process for my autistic son, AJ. My experiences highlight the barriers families face in accessing support and the urgent need for reform to create a more effective and compassionate system.

Challenges Faced

              1.              Unprofessional Conduct During Mediation

During mediation, a representative made an inappropriate comment, comparing the process to a reality TV show: “Haha, I feel like I’m on the X-Factor, it’s a no from me.” This comment trivialised a serious and stressful process, leaving us feeling dismissed and disrespected. Such behaviour demonstrates a lack of professionalism and sensitivity to the challenges families face.

              2.              Deliberate Delays and Emotional Distress

Local authorities often drag their heels as far as possible, seemingly intent on causing emotional distress to families. Parents are forced to endure unnecessary mediation sessions and tribunals, only for the local authority to ultimately concede and agree to what the child is legally entitled to. This approach not only wastes time and resources but also adds undue stress to already vulnerable families.

              3.              Missed Deadlines and Delays

At almost every stage of the EHCP process, legally required deadlines were not met. These delays prolonged the time my son was left without the critical support he needs, adding undue stress to our family.

              4.              Withdrawing AJ from Mainstream Education

Due to the lack of appropriate support and his inability to cope with the demands of a mainstream school environment, we were forced to withdraw AJ from education entirely. This has had a significant impact on his learning, social development, and overall wellbeing.

Unfortunately, this situation is not unique. It is increasingly common for children with SEND to be removed from school due to the lengthy time periods between identifying their additional needs and receiving the necessary support. These delays leave children unable to cope in unsuitable educational settings, further compounding their struggles.

              5.              Multiple Complaints Ignored or Mishandled

I have had to submit numerous complaints at nearly every step of the process, ranging from missed deadlines to unprofessional conduct. However, these complaints were often ignored, dismissed, or inadequately addressed, leaving no clear resolution or accountability.

              6.              An Adversarial System

The process felt combative rather than supportive. Families are forced to fight for basic provisions, which adds unnecessary emotional and financial strain. This adversarial culture often pits parents against local authorities, further complicating the process.

              7.              Horrific Treatment of SEND Families

The overall treatment of SEND families by local authorities is appalling. Families are left feeling abandoned, disrespected, and forced to fight every step of the way to secure what their children are legally entitled to. This needs urgent attention, as the current system exacerbates the struggles faced by SEND families rather than supporting them.

              8.              Continuing Battles for SEN School Places

After enduring the emotionally and financially draining EHCP process, and after the local authority conceded to what we were requesting, we are now facing yet another battle to secure a school place in a specialist SEN provision. The fight does not end with the EHCP—it continues, adding even more unnecessary stress and delays to ensuring children receive the support they need in the right educational environment.

Suggested Solutions

              1.              Improved Professionalism and Accountability

              •              Training should be mandatory for all professionals involved in the EHCP process to ensure families are treated with empathy and respect.

              •              A robust accountability framework should be implemented, with clear consequences for unprofessional conduct and persistent failures to meet legal deadlines.

              2.              Enforcing Legal Deadlines

              •              Local authorities must adhere to the statutory timelines outlined in SEND law.

              •              An independent oversight body should monitor compliance and impose penalties for breaches.

              3.              Non-Adversarial Mediation and Support

              •              Mediation should focus on collaboration, not conflict. Mediators must receive training to understand the pressures faced by families and approach discussions with compassion.

              •              Families should have access to independent advocates to guide them through the process and reduce the burden on parents.

              4.              Transparent Complaints Process

              •              A standardised and transparent process for complaints should be introduced, with clear timelines for responses and an independent body to oversee escalations.

              •              Parents should be empowered to hold authorities accountable without fear of retaliation or further delays.

              5.              Streamlined Communication and Resources

              •              Families should have a single point of contact for all SEND-related queries to ensure clear and consistent communication.

              •              Accessible guides and resources should be available to help parents navigate the EHCP process effectively.

Conclusion

My experience navigating the EHCP process for AJ highlights significant issues with professionalism, accountability, and support. Families should not have to battle against an adversarial system to secure essential provisions for their children.

After enduring this exhausting process, we were forced to withdraw AJ from mainstream education due to the lack of support and his inability to cope, leaving him out of school and without access to the education he deserves. Sadly, this is a common experience for many families, as the lengthy delays between recognising SEND and receiving support leave children in unsuitable educational settings, causing significant harm to their development and wellbeing.

Now, even after the local authority conceded to what we were requesting in his EHCP, we are still facing another fight to secure a specialist SEN school placement. This prolongs the emotional distress and delays in providing my child with the education and care he needs.

The treatment of SEND families by local authorities is horrific, and immediate action is required to reform the system. These changes would not only improve the EHCP process but also ensure that children with SEND receive the support they need to thrive.

January 2025