Anonymous written evidence (SEN 0078)
Education Committee
Solving the SEND Crisis
Personal Context
As a parent and carer of a disabled child with significant and complex needs, I have faced relentless challenges navigating the SEND system for 6 years. . Others have suffered longer I am fully aware.
Having an EHCP to secure basic entitlements for my daughter the implementation of these provisions remains inadequate or non-existent. In addition to unmet education, health needs and social care needs our family has been further strained by the lack of respite care and failures in safeguarding and monitoring care providers.
Our story reflects broader systemic failings:
1. Protracted delays in assessments and services – My daughters Occupational Therapy (OT) and Speech and Language Therapy (SALT) provisions have been virtually non existent.
2. Lack of respite facilities – As a full-time carer, I have no access to adequate respite care, leaving my family under immense emotional and physical strain.
3. Failures in safeguarding and care provision – My daughter was assaulted by another child in a placement resulting in permanent physical and emotional damage, and yet the case remains unresolved years later. Additionally, the lack of effective monitoring of care providers has resulted in repeated failures of duty of care. My daughter had her placement ceased resulting in loss of education for months. She was placed in another placement and witnessed an assault by a staff member on a child and required to give evidence to police, what followed was systemic staff bullying her resulting in another ceased placement and more loss of education. She is now out of education with nothing in place while we wait appeal due to an unsuitable placement being named.
4. Excessive administrative and financial burdens on families – Parents are forced to take on legal battles without proper support, despite the toll on mental health and finances. Legal Aid is shoddy and causes more issues than helps at present.
5. Lack of accountability – Findings of maladministration, such as those upheld by the Ombudsman, rarely lead to consequences or system-wide change.
Given my experiences, I urge the Committee to implement the following short-term actions to stabilise the SEND system and lay the groundwork for long-term sustainability:
Short-Term Actions: Immediate Stabilisation
1. Enforcement of Legal Obligations on all providers including Independent to be inclusive of Disability and Equality with financial compensation.
• Establish an independent SEND enforcement body with powers to intervene where local authorities fail to implement tribunal rulings or statutory provisions in Education, Health, and Care Plans (EHCPs).
• Introduce automatic penalties for non-compliance to prevent delays.
2. Address the Lack of Respite Facilities
• Provide emergency funding to local authorities for the immediate expansion of respite care services, including overnight care, to alleviate the strain on families.
• Require local authorities to publish data on respite availability and waiting lists to ensure transparency and accountability.
3. Monitoring and Accountability for Care Providers
• Strengthen oversight and inspection of care providers by the Care Quality Commission (CQC) and ensure families’ complaints are taken seriously.
• Introduce mandatory reporting of upheld complaints or safeguarding incidents, with clear consequences for care providers that fail to meet standards.
4. Resource Allocation and Ringfencing
• Allocate emergency funding specifically for therapies (SALT, OT, physiotherapy), transport, and respite to clear existing backlogs.
• Ringfence SEND budgets to prevent reallocation to other services.
5. Transparent Data on Service Delivery
• Require local authorities to publish data on waiting times, unmet needs, and tribunal compliance rates, enabling parents, carers, and central government to hold them accountable.
6. Transparency of LADO reports
• Provide better legal aid or funding for SEND tribunal cases to reduce the financial burden on families forced to litigate.
• Create a centralised helpline staffed by SEND professionals to offer guidance to families navigating the system.
Long-Term Solutions: Building a Sustainable SEND System
1. Simplification and Accountability in EHCPs
• Standardise EHCP templates nationally, ensuring clarity, enforceability, and uniformity across local authorities.
• Introduce time limits for tribunal appeals, with failure to comply resulting in automatic escalation to central oversight.
2. National Workforce Strategy
• Address shortages of key professionals (e.g., therapists, respite carers, educational psychologists) by:
• Offering subsidies for training in SEND-related professions.
• Creating attractive pay scales and working conditions for SEND roles.
3. Specialist Infrastructure Investment
• Expand specialist school places and build more respite facilities, ensuring they are adequately resourced to meet increasing demand.
• Establish regional hubs for therapeutic services, respite care, and family support, particularly in underserved areas.
4. Mandatory SEND Training for Local Authority and Care Provider Staff
• Require all staff involved in SEND decision-making or care provision to undergo mandatory training to improve understanding of their legal obligations and the realities faced by families.
5. Improved Monitoring of Care Providers
• Introduce an accessible national database of care providers’ performance, including complaint histories and inspection results.
• Establish a family feedback mechanism where concerns are promptly investigated by independent bodies.
6. Preventative and Holistic Approaches
• Fund early intervention services to reduce escalation to crises.
• Support holistic initiatives, such as sensory hubs or family well-being programs, to promote child development and reduce reliance on crisis-driven services.
Voices of Families at the Core
The SEND system must prioritise the lived experiences of children and families. This requires:
• Consulting parents and carers before making changes to services or policies.
• Involving families in monitoring local authority compliance.
• Providing mental health support to parents and carers dealing with the pressures of a failing system.
Conclusion
The current SEND system is broken, and families like mine are bearing the brunt of its failings. These recommendations, rooted in my personal experiences, aim to address the urgent need for stability while paving the way for long-term sustainability. Central Government must step in to enforce accountability, expand resources, and prioritise the voices of those affected.
Without these measures, countless children, young people, and their families will continue to suffer under a system that is supposed to protect and support them.
January 2025