SEND

Parents wait up to a year to challenge SEND support

'In the most extreme cases you could have kids sitting at home, self-harming for a year with no provision'

'In the most extreme cases you could have kids sitting at home, self-harming for a year with no provision'

Exclusive

Parents of vulnerable children are being forced to wait nearly a year to challenge refusals by councils to offer SEND support.

The special educational needs and disability tribunal (SENDIST) gives parents the right to appeal a council’s decisions on educational, health and care plans (EHCPs), such as refusals to issue one or disagreeing with its school provision.

When they do reach court, nine in ten of the cases are found in the favour of parents. But more appeals than ever are being lodged, with a growing backlog.

A freedom of information request from Schools Week now shows just 79 per cent of cases were completed within 22 weeks this year, down from 91 per cent in 2018-19.

This is still above the Ministry of Justice’s (MoJ) own target to complete 75 per cent of cases within the timeframe. But the department admitted an appeal registered this month would now not be listed for an in-person hearing until January next year.

‘Creaking’ tribunal system

Paper hearings – often used in cases where a council refuses to assess the child in the first place – are quicker and would be listed five months from now.

Matt Keer, a SEND specialist, said that the SEND tribunal system was “creaking … it’s taking longer than ever to process the highest-stakes appeals. 

“Only local authorities benefit from the logjam. Pupils, parents and schools suffer.” 

Ed Duff, a senior solicitor at Education Law Advice, said that when he started in 2007 the whole process would take about 16 weeks. Some of his cases were now listed for 12 months’ time. 

“The impact depends on what [the child] is going through, but in the most extreme cases you could have kids sitting at home, self-harming for a year with no provision. 

“They are not going to school so, by the time you do get to a hearing, the whole situation has become worse than six or seven months ago.” 

A total of 11,052 disputes were registered last academic year – a 29 per cent rise from 8,579 the previous year. 

The outstanding tribunal caseload has also soared to 5,554 by the end of September, up 44 per cent in a single year. 

Duff said it was “primarily terrible local authority decisions” that were behind the rise. 

Sir Keith Lindblom, the senior president of tribunals, said in a report last year that “regrettably” SENDIST cases had to be postponed in some cases “due to a lack of judicial resources”. 

But 70 more judges, 120 more special panel members and 40 extra tribunal staff have been recruited. 

However, the MoJ has prioritised cases that involve children moving phases, such as from primary to secondary school in September.

SEND review proposes change

David Barber, a former headteacher and tribunal panel member, said delays made it “very difficult for the school both in terms of the impact on staff time and resources”. 

“If the SENCO feels that the child needs an EHCP, usually it’s because the school has reached the end of the road with support they are able to offer for this child in school. 

“They may have used all of their resources and can see that month after month the child is falling further and further behind their peers.”

The government’s SEND review proposed controversial mandatory mediation for parents, making it “easier to resolve disputes earlier”. Tribunals would be used “for the most challenging cases”, the review said.

But experts worried the move could introduce “more bureaucracy and slow things down even more”. The government’s delayed SEND review response is due next week. 

The Local Government Association said the appeals situation “is indicative of a system that is not working”, adding councils needed “long-term” funding. 

The MoJ said it recognised that vulnerable children with SEND “must receive support quickly”. 

Latest education roles from

Chief Education Officer (Deputy CEO)

Chief Education Officer (Deputy CEO)

Romero Catholic Academy Trust

Director of Academy Finance and Operations

Director of Academy Finance and Operations

Ormiston Academies Trust

Principal & Chief Executive

Principal & Chief Executive

Truro & Penwith College

Group Director of Marketing, Communications & External Engagement

Group Director of Marketing, Communications & External Engagement

London & South East Education Group

Sponsored posts

Sponsored post

AI Safety: From DfE Guidance to Classroom Confidence

Darren Coxon, edtech consultant and AI education specialist, working with The National College, explores the DfE’s expectations for AI...

SWAdvertorial
Sponsored post

How accurate spend information is helping schools identify savings

One the biggest issues schools face when it comes to saving money on everyday purchases is a lack of...

SWAdvertorial
Sponsored post

Building Character, Increasing Engagement and Growing Leaders: A Whole School Approach

Research increasingly shows that character education is just as important as academic achievement in shaping pupils’ long-term success. Studies...

SWAdvertorial
Sponsored post

Educators launch national AI framework to guide schools and colleges

More than 250 schools and colleges across the UK have already enrolled in AiEd Certified, a new certification framework...

SWAdvertorial

More from this theme

SEND

‘Best practice’ guidance promised for SEN units

National Children's Bureau will deliver review on how mainstream schools can set up SEN units as part of government's...

Ruth Lucas
SEND

SEND spend could hit £15bn (more than some government departments)

IFS calls on government spending watchdog to publish annual forecasts for high needs spending and deficits

Freddie Whittaker
SEND

Councils to test ‘local offer’ as part of new SEND inclusion plans

But the fate of Conservative change programme initiatives remains unclear

Ruth Lucas
SEND

Solving SEND: MPs reveal their 48-point plan

National SEND standards, special school 'centres of excellence' and exclusion inspection metrics - the education committee’s policy proposals in...

Freddie Whittaker

Your thoughts

Leave a Reply

Your email address will not be published. Required fields are marked *