Written evidence from Mr Gus Diamond (SEN 73)

Education Committee

Solving the SEND Crisis

I am a current serving SENDCo/ Senior Leader in a medium comprehensive in the north west of England. We are a local authority school although I have worked in academies. I have been a SENDCo for over 12 years, and a school leader for over 15. I have been in education for 27 years. I also worked with a local authority on a secondment to support with the training and delivery of the CAFa2014 and the new SEND reforms.

The current position is failing children with SEND, those with identified needs, those with plans, those with unidentified needs and those waiting for plans.

My biggest concern is that you are dealing with this in isolation. The current Children’s Welfare Act was an opportunity to lead on this matter OR the former should be delayed until you have a sound understanding and review of the latter. It has been pointed out that there is a lack of understanding by the DfE and the Government of what the rising cost of SEND will be for schools – many of whom are cash strapped or entering deficit budgets.

What I fear will happen here is that you will call for evidence, you will make determinations and you’ll simply try to stick a plaster over them and not actually do what is needed – which is a thorough root and branch overhaul of this system which is not just broken but shattered and draining the LA and school coffers. It cannot be done in isolation from the other matters I address below.

From my SENDCo/ school leader point of view there are several areas:

1. An overriding crisis in education -

• a mental health issue amongst young people with nearly 300,000 not attending school
• Attendance issues amongst our young people- the last national data showed that attendance at secondary schools is just over 90% - meaning that on average every child is a persistent absentee
• Failure to attend school impacts on progress in many ways and sadly agencies and parents determine that the cause of this absence must be SEND.

2. Schools are facing crises in numbers of areas

• funding
• issues finding good support staff / learning or teaching assistants at the wages they are offered
• A recruitment crisis for teachers - which isn’t easing
• A lack of trained capable and experienced SENDCos who know the law, the process and are willing to speak up!
• The national SEND qualification is not worth the paper it’s written on. It offers no experience. When I apply for jobs I am guaranteed an interview as there are so few SENDCos out there!

3. Ofsted needs a root an branch review

• it will never regain its moral position after what happened to Ruth Perry
• It doesn’t know how to fix SEND or any other issues
• It is a major part of the recruitment issue
• A parent can make a direct complaint to Ofsted about a school but not a local authority

In a recent inspection I was told by the lead inspector that they were not allowed to offer advice or suggestions to improve! Therefore what is the point?

4. Local Authorities are unable/ unwilling to meet their statutory obligations

• In my current local authority not a single plan that I have applied for, is being put in place within the statutory framework. Local Authorities are openly breaking the law and stating that they are with communications to schools. The common cause of delay is the lack of EPs. Las regularly communicate with schools information that is either wrong or illegal. Mine has made it clear that they will be unable to meet statutory deadlines due to a shortage of EPs. Others have sent out guidance that asks for evidence that breaks the law! Nothing is done about this!
• I have one child whose plan has been in the ‘review’ stage for over 18 months. The plan was reviewed in June 2023 and as of January 2025 it has still not been agreed. The family have been told that their tribunal will be in January 2026! The child will have missed nearly 2 years of full time education by then
• Another child took over a year from review until finally being placed to end up in the education provision they need – again breaking the law and the guidance.
• I have had families determine that home education is preferable because they cannot get the support they need
• Local Authorities waste funding by transporting children great distances using private taxi firms as children move to special schools miles away from where they live
• Too many LA staff are absent for lengthy periods or do not work Fridays (9 days in 10) or are still working from home.
• When Las talk about a lack of funding do they include the salaries of Chief Execs etc who may be on over ¼ million pound salaries?

5. SEND has burgeoned since 2014. We have more needs - more identified and unidentified needs. A greater expectation on schools to support needs but less experienced and qualified teachers, and less and less teaching assistants ( one area the committee needs to recognize is that there are few teaching assistants)
6. Since Covid schools have truly changed. Behaviour is an issue - staff will say that. Recruitment into schools is an issue. Funding is an issue.
7. For myself there are a string of issues that are causing the SEND system to fail

-          Over identifying needs- we are diagnosing too many children. In my area the CAMHs and paediatric teams use American measuring tools to support with assessment. Often this is done over Zoom and not in person. This breaks the NICE guidance

-          Coupled with this are local authority workers, NHS workers etc who feel they can state ti parents that a child must have some form of neurodivergent need- the amateur diagnosis. Parents then cling to this

-          Outside of education no one is applying for EHCPs - the H and C part being ignored. CAMHs workers in my area have been told this is not in their remit

-          CAMHs workers in my area actually suggest to parents that a diagnosis should come with a request for an EHCP

-          Diagnosis of need can lead to an application for DLA - I have been asked to support with 5 applications in 8 weeks! The DWP have also contacted me directly and told me that payments of benefit do not need a diagnosis

-          The principles of rhe CaFA 2014 have been lost - it has never lived up to the expectations. All agencies, schools, Ofsted, the DfE need retraining

-          Law and guidance needs to be clear and those involved need to know that law outranks guidance

-          Local authority officers responsible for SEND need to be trained in the law and the SEND process- many communications come out from local authorities that are either wrong or illegal!

-          Remove funding linked to adult support and ban the use of the phrase ‘full time adult support’ or ‘1:1 support’

-          Remove the definition of certain SEND as disabilities - but have SEND as an area where needs must be recognized and reasonable adjustments made (as should be the case now!). Unless severe don’t link a diagnosis of need to any welfare benefits!

8. Agencies have forgotten the definition of SEND, but make recommendations to parents as if they are experts. I have pointed these issues out to CAMHs and the LA but am a lone voice as a SENDCo in a school. Last time changes came – it was up to Las to roll out training. That cant happen again. Too much responsibility was left with LAs and sadl;y 10 years later that knowledge has gone.  Too many older LA staff have been driven out or now work for agencies costing the LA more in wages. Too many good teachers are driven out of the profession in the 50s – their knowledge and experience goes with them
9. Within schools we need:

• greater training on how to support children with needs
• Training for SEND to be compulsory parts of all ECT training programme

10. I would also suggest that as a SENDCo my experience and professional judgement is dismissed. We are not listened to. Social workers, health workers, the LA all disregard the input of the SENDCo.
11. There is too much responsibility on schools. At every level schools are expected to take the lead part but there aren’t sufficient staff or funding. Schools are leading on mental health support, safeguarding and family support and SEND. Schools employ counsellors and family support workers. I myself support parents with completing forms, finding the right type of support for housing needs, and more too often how to challenge the LA who are failing in their statutory obligations. Safgeuarding is paramount – I agree, we all agree. But it wasn’t schools who allowed Baby P, the Rochdale Grooming scandals. That failure came from other agencies but the changes and reactyion that came was left sqyuarley with schools to implement and put strategies in place to deal with. Across schools I can imagine there are numerous jobs like counsellors, family support workers etc – when surely school funding should be used for maths teachers, English teachers etc?

Your committee wants suggestions for the future.

1. SEND Overall -

• SEND cannot be ‘fixed’ with out a review of education, and Ofsted. This isn’t an isolated section of education. SEND is the responsibility of all teachers and should be the paramount part of the teacher’s role. When it is isolated – it isn’t central.
• Funding - remove funding from the equation. Unless the need is deemed severe (and lawyers can determine a clear definition) then no funding! Let the LA keep the funding but make a prerequisite that they must develop SEND provision in their area. The CAFa 2014 was launched after funding was removed. It never recovered. Some schools also see EHCPs as a way to bolster school budgets!
• Redefine the definition of SEND and how an EHCP must be applied for - it’s too open to interpretation
• Have a local or national application process - with clear prerequisites, clearly identified evidential needs, and a clear way by which local authorities assess need
• Have a local or regional (ie North West) EHCP. Each LA having their own was ridiculous idea and never worked.
• Have a regional/ national review process – Ive worked in several Las. They all differ and they are a pure bureaucratic nightmare. I spent a day compiling paperwork for 3 EHCP reviews – not a sound use of tax payers money
• Have one national EHCP - not the myriad variations
• Make it clear that plans are not kept to the age of 25 without need- that caveat has been lost it seems
• Ensure that all reforms are for mainstream, special, and free schools – leave no one out!
2. Reform Ofsted

• this is now imperative
• Halt the current tinkering that is going on and properly reform it!
• The rumours regarding judgements for schools regarding inclusivity are worrying. I recall 20 years ago when FSM was linked to a measure of a poll schools performance and headteachers were trying their utmost to get families to sign up for FSM. Unless you’re clear and definitions are not vague then you’ll end up with over identification of need and the system will worsen
3. Train SENDCos properly!
4. Get training packages out to schools regarding how to best support children with neurodivergence - don’t buy in a packed from a MAT that is in current favour with the DfE
5. Take your time on this. This needs serious national consideration but must be linked to wider issues including issues within the NHS and the over identification of needs. It cannot be done separately and where there are expectations of agencies these must be written into law so that agencies like the NHS or local authorities can dodge their responsibilities

I have kept my evidence neutral so that the children or families, as well as school or LA can be identified. I would suggest that I am an ideal candidate to give evidence for this committee.

I don’t work for a large academy chain with its own agenda or which is favoured by the DfE

I work in a northern LA and not a city therefore I represent the true funding position.

I work outside of Londan and Outer London – which is its own separate issue but doesn’t represent the national picture.

January 2025