Proposed Improvements to SEND System

The SEND crisis

Whilst schools have been feeling the pressures of the SEND system for some time now, the government has now stated that, in the next year, it will publish a fully costed plan to improve the current system of support for children with SEND. This is in response to the Commons Public Accounts Committee’s report on what it refers to as the ‘SEND Crisis’.

In addition, the Department for Education will clarify what is meant by ‘inclusive education’ and, importantly, how schools can demonstrate that they provide an inclusive education to children with SEND.

The Department has also agreed that there is a need for collaboration with the Department of Health and Social Care to get to the bottom of why there has been an increasing and changing demand for SEND support in schools.

When will we see progress?

Fixing the challenges that the SEND system is facing cannot happen overnight and will require improvements and changes across several areas.

·       During the upcoming summer we can expect the Department to set out its plans to achieve a “fair and appropriate solution” to the council deficits. It is feared that, without a suitable way forward, almost half of councils could face effective bankruptcy as a result of SEND spending. A statutory override which was previously in place expired in March.

·       By December 2025 it is hoped that the Department will confirm what provision children with SEND should expect, and to set out what inclusive education means and looks like.

·       By April 2026 the Department aims to develop a new fully costed plan to improve the system. To do so it recognises the need to improve its SEND data. It is hoped that compiling analysis of EHCP’s which is far more detailed, together with the processes associated with it, will allow the Department to consider any specific trends to support future decision-making.

What could this mean for schools?

Hopefully, these changes will mean that pressure will be alleviated from schools, who will be able to focus on ensuring that children with SEND are provided with an inclusive education in an appropriate setting.

However, Schools should be aware that expectations for inclusive provision is likely to require a change to considerations when responding to a local authority consultation when the school is proposed to be named in a child’s Education, Health and Care Plan.

Whilst we do not yet know the obligations to be set out in the Department’s guidance on inclusive provision, schools will need to demonstrate that they have taken these considerations into account as part of the consultation response.

Need help challenging an EHCP placement?

Challenging a decision to name your school in a child’s EHCP requires full consideration of a number of legal aspects to ensure that the challenge is made on appropriate grounds, as set out in the SEND Code of Practice. We regularly provide support and advice to schools to prepare robust challenges.

If you’d like support or training for your school, please get in touch.