Written evidence from Mrs Frances Worrell (SEN 102)
Education Committee
Solving the SEND Crisis
Introduction
I am the mother of two children with special educational needs (SEN), both of whom have an Education, Health, and Care Plan (EHCP). One child attends a mainstream school, while the other, with significant complex needs, is in a specialist provision.
Both EHCP processes required us to use the Appeal/Tribunal process to ensure the plans were suitable and provided the correct provisions. Despite only being in the system for five years, I have faced relentless challenges and anticipate another 14 years of navigating this broken system.
Although I have successfully taken my local authority to tribunal twice to secure basic educational and therapeutic provisions for my children, the implementation of these provisions remains inadequate or non-existent. Our family continues to face unmet education, health, and social care needs, and we are often in the position of potentially needing to appeal each plan at every annual review.
My annual requests to the social care disability teams have consistently been rejected with the phrase "you're coping." Essentially, additional support is only provided when a child is in crisis, by which time the damage to the child and the wider family is significant and often irreversible. Respite support only became available after my son self-harmed to such a degree that he required hospital treatment and an MRI under general anaesthesia.
Support for children and young people with SEND
Support for children in mainstream schools is inconsistent, partly due to inadequate salaries for support staff, which affects the quality of candidates for these crucial positions. The education system does not adequately cater to children who do not fit the traditional learning model. There is a need to shift the focus from standardised tests and assessments towards understanding diverse learning styles and teaching methods that best suit individual students.
Enhanced training for all staff on various aspects of SEN is essential. Many teachers lack the understanding of SEN children and their learning needs, which hinders their ability to maximise the potential of these students, often resulting in lasting negative impacts.
To make the EHCP process non-adversarial, multi-agency accountability should be overseen by an independent body to ensure the required support is provided, penalties should be imposed if timescales/standards are not met. This would alleviate the pressure on parents, who currently bear the burden of challenging local authorities.
Current and future model of SEND provision
Currently, parents requesting an Education, Health, and Care Needs Assessment (EHCNA) must repeatedly provide the same information to multiple agencies, which is time-consuming and frustrating. A single database that consolidates all required information would streamline this process, allowing parents to complete just one form.
There should be a standardised, nationwide approach to EHCPs/SEND to eliminate the postcode lottery effect. All EHCPs should follow the same format across the country, ensuring consistency and preventing plans from being scrutinised or altered when families move to a different county.
What can be done to improve the effectiveness of multi-agency and joined up working cross education, health and social care?
To enhance the effectiveness of multi-agency collaboration across education, health, and social care, agencies must work collaboratively with parents rather than in opposition. There is a concerning trend of reducing provisions at annual reviews without supporting evidence. For instance, my son's occupational therapy provision was reduced by 50% without justification, despite guidelines stating that reductions must be evidence-based. This has led to my third appeal in four years. Adhering to established guidelines and ensuring appropriate provisions are maintained would significantly benefit children.
What actions or reforms are needed to achieve financial stability and sustainability, both in the short and longer term, across the SEND system?
Local authorities should cease compelling parents into the appeal/tribunal process, as over 98% of appeals are resolved in favour of parents. The financial burden of these proceedings is substantial, with £99.2 million spent in 2023 alone. Parents cannot recover their costs even when they win, which can be considerable; I have personally spent over £44,000 on two appeals. Allowing cost recovery for parents might incentivise local authorities to deliver the necessary provisions without resorting to appeals.
Parents of children with special educational needs (SEN) often face continuous challenges. Annual reviews are approached with trepidation, fearing unjustified reductions in provisions. This necessitates significant expenditure on independent reports and legal services to secure appropriate support for vulnerable children. The government should consider the impact of this ongoing struggle on parent carers, as highlighted in a paper on parent carer trauma, to understand the broader implications and improve the system.
Conclusion
The current system is inadequate, leaving families unsupported and overwhelmed. There is a shortage of professionals to address the backlog, and local authorities are not held accountable for their actions. Families do not receive adequate compensation for the failures of their local authorities nor are they able to reclaim costs incurred for Appeals/Tribunals. The process to raise a complaint, request an EHCP, secure appropriate provisions, and ensure their delivery is excessively burdensome. Meanwhile, local authorities and the government remain passive as families struggle.
January 2025