A coroner has warned Bridget Phillipson that schools are delaying applications for education, health and care (EHC) needs assessments because they have misunderstood the rules – increasing the risk of suicides.
The warning follows an inquest into the death of Jennifer Chalkley, who was 17 when she took her own life in 2021.
The inquest found that an inadequate education health and care plan (EHCP), and failures in children’s mental health services and systemic multiagency failures contributed to her death..
However, the inquest also heard that Howard of Effingham School in Surrey, where she was enrolled until 2020, had delayed making an application for an EHC needs assessment after misunderstanding the rules.
The school’s SENCO told the inquest: “We are required to prove that we have put up to £6,000 of support in place before applying. This is guidance that we are given by Surrey.”
‘Genuine misunderstanding’
Senior coroner Richard Travers said evidence “suggested that this belief was widespread amongst schools, colleges and others, both in and beyond Surrey”.
But he said the SEND code of practice stated that youngsters with special needs “must be identified as soon as possible so that their needs can be assessed and met as soon as possible”.
He made clear that the school’s errors about the financial rules were a “genuine misunderstanding”, and that it had tried to help and support Jennifer within the system as it understood it.
But in a prevention of future deaths (PFD) report, published on Monday, he warned: “I am concerned that the misunderstanding by schools and colleges is delaying or preventing applications for statutory assessments being made in some cases, thereby acting as a barrier to ensuring all children and young people with additional needs are receiving effective support as soon as possible.
“I am concerned that this creates or increases the risk of avoidable suicidality developing.”
Council updates guidance
Surrey County Council has updated its guidance to make clear schools do not have to spend £6,000 before applying for an EHC needs assessment.
But the PFD report said that evidence received from a local college showed the misunderstanding persisted.
Travers wrote that the error likely stemmed from England’s school and early years finance regulations, which set the high-needs costs threshold at £6,000.
“I am concerned that the misconception persists nationally and that … action is needed to ensure that all schools and colleges understand, clearly, that spending an additional £6,000 on a child is not a prerequisite to applying for a statutory assessment.”
Margaret Mulholland, a SEND and inclusion specialist at the Association of School and College Leaders, said she was concerned “about the notional SEN budget and believe it could be a source of confusion”.
Some councils “may ask for proof of spending” over a certain threshold but this was not a legal requirement.
“There desperately needs to be more investment in the SEND system to ensure decisions are being based on the needs of children rather than available funding.”
The Howard Partnership Trust, which runs Howard of Effingham School, did not respond to a request for comment.
The Department for Education and Surrey County Council are required to respond to the PFD report by December 9.
The DfE said there was no expectation that a school needs to spend £6,000 before commencing an EHCP needs assessment. They added if schools are in any doubt, they are encouraged to put forward the request, and then let the council determine whether the pupil required special educational provision in accordance with an EHCP.
A spokesperson added: “Jennifer Chalkley’s death is a tragedy and our deepest condolences go to her family and friends.
“It is for local authorities – not schools – to determine whether an education, health and care plan assessment is required and we encourage any schools in doubt to work with councils to understand the process.”
Samaritans are available 365 days a year. You can reach them on free call number 116 123, email them at jo@samaritans.org or visit www.samaritans.org to find your nearest branch.
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