SEND system under pressure as ‘unprecedented’ number of complaints upheld

A new report from the local government and social care ombudsman Michael King has found that services for children with special educational needs and disabilities (SEND) are in crisis, with nearly 90% of appeals against care decisions being upheld.

The ombudsman’s office upheld appeals in 87 percent of special needs cases last year, as opposed to the 57 percent uphold rate for all cases considered. Families, the report claimed, are experiencing delays of up to 90 weeks and complaints are at record levels.

The report warns that councils, struggling after years of austerity cuts, may be putting barriers in parents’ way in order to ration resources. “I am now particularly concerned some authorities may be putting in place extra barriers to ration scarce resources, rather than basing support on children’s needs,” King stated, describing the rate at which complaints are being upheld as is “exceptional and unprecedented in our work”.

“While sympathetic to the severe financial constraints which councils tell us they are working under, we can never accept this as an excuse for failing to meet the statutory rights of children,” the report stated, adding that many children are not getting the support they need at the right time, which is “having a significant impact on their education and attainment”.

Fears councils are rationing funds for special needs children (The Times)

SEND system ‘in crisis’ as complaints to local government ombudsman soar (Schools Week) Support for children with special educational needs 'in crisis' (The Guardian) 'Unprecedented' level of special needs complaints upheld (BBC)

Why should this matter to me?

It’s clear that SEND students and their families are struggling to receive the help they need, and that schools may be in the position where they must fill the gaps in care while students wait for care decisions. Educational technology and specialist learning resources could help schools to support these students, while apps or tools that help parent-teacher communication or make progress reporting simpler could help to make parents feel heard, and teachers more confident that they are supporting the student and their family as they work towards getting effective care.