The Crisis in the SEND System in England: A Call for Urgent Overhaul

We are deep into the new school year now and it is obvious, the Special Educational Needs and Disabilities (SEND) system in England, designed to support Disabled children and Young people remains in crisis. At the heart of this system is the Education, Health, and Care Plan (EHCP), a legal document that outlines the specific support a Disabled child requires to succeed in school. ALLFIE campaigns for an inclusive education system underpinned by Article 24 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD), the social model of disability, an intersectional approach and practice, and the recognition that all humans are equal and that society benefits profoundly when Disabled children and their peers are learning and playing together in mainstream educational settings.

The system has been plagued by delays, inconsistencies, and a lack of adequate resources, leaving many families struggling to access the support their children need to be included in mainstream educational settings. This crisis has profound implications for the Disabled children it is meant to serve, as well as for the broader education system and society.

The Scale of the Crisis

The number of children in England requiring SEND support has been steadily increasing. As of 2023, over 1.5 million children in England were identified as having special educational needs, with approximately 500,000 of these children holding an EHCP. Despite the growing demand, the system has been overwhelmed, resulting in significant delays in assessments, a lack of suitable school placements, and inadequate funding to meet the needs of Disabled children. In a recent report by the Local Government and Social Care Ombudsman (LGO), education complaints constituted more than a quarter (26%) of all complaints received in 2023-24, vastly outnumbering those related to housing (16%), adult care (14%), or highways (12%). Specifically, there were more than 4,600 complaints about education, compared to fewer than 3,000 about housing. This disparity illustrates the significant challenges faced by families navigating the SEND system.

Key Issues Contributing to the Crisis

Several interrelated factors contribute to the current crisis in the SEND system:

1. Underfunding: One of the most significant issues is chronic underfunding. Local authorities have struggled to keep up with the rising demand for SEND services due to budget cuts and insufficient government funding. This has led to a shortage of specialist staff, inadequate training, and a lack of suitable educational placements for children with complex needs. Schools are increasingly not being able to meet the requirements of Disabled children and an increase in demand for EHCPs, thus leading to a decline in the quality of support available to Disabled children and Young people labelled as SEND.
2. Delays in EHCP Processing: The statutory timeframe for completing an EHCP assessment is 20 weeks. However, many local authorities are failing to meet this deadline due to a lack of resources and high caseloads. Families are often left waiting for months or even years, during which time their children may not receive the support they need, leading to further educational setbacks, complete exclusions from schools and distress to families and Disabled children.
3. Inconsistent Quality of EHCPs: Even when Education Health and Care Plans (EHCPs) are issued, the quality can be highly inconsistent. Some plans are vague and lack specificity, making it difficult for schools to implement them effectively. Additionally, there are widespread concerns about the adequacy of the provision outlined in EHCPs, with many parents feeling that their children’s needs are not being fully met.
4. Lack of Suitable School Placements: Finding appropriate school placements for Disabled children labelled with SEND is increasingly difficult. Disabled children should be placed in mainstream settings in their communities and not miles away or segregated in so-called special schools. However, many mainstream schools lack the resources or expertise to accommodate Disabled children and in so many cases as well mainstream schools are turning families and their children away because of the league system that penalises schools with a high intake of Disabled children.  This has resulted in some children being placed in unsuitable environments or being left without a school place altogether.
5. Parental Battles and Tribunal Cases: The inadequacies of the system have led to a surge in the number of tribunal cases, where parents challenge local authorities over EHCP decisions. The SEND tribunal system is now overwhelmed, with many families facing long waits for hearings. The adversarial nature of the process places additional stress on families and often leads to costly legal battles, which can further delay support for the child.

The Impact on Disabled Children and Families

The failures of the SEND system have devastating and harmful consequences for Disabled children and families it is supposed to support. Disabled children are at greater risk of exclusion from mainstream educational settings, no education or unsupported home schooling, social isolation (no friendships or play with their peers), and mental health issues. The stress and uncertainty faced by parents navigating the system can also lead to a breakdown in family relationships and financial hardship, as many parents are forced to reduce their working hours or give up work entirely to look after their children.

Moreover, the inadequacies of the system contribute to wider societal issues. Children who do not receive appropriate support are more likely to become disengaged from education, leading to long-term disadvantages in terms of employment opportunities and social inclusion. The strain on the education system also impacts other pupils, as schools struggle to manage large numbers of children with unmet needs, affecting the quality of education for all.

 The Need for Urgent Overhaul

The crisis in the SEND system requires urgent and comprehensive overhaul. For over thirty years, ALLFIE has been campaigning for an inclusive education system that is well resourced, and values Disabled people like our non-disabled peers. ALLFIE believes an EHCP should not even be necessary if the default is a fully funded and well-resourced inclusive education system. However, the following actions are crucial to addressing the deep-rooted issues within the current system. ALLFIE’s Manifesto offers some solutions:

• Increased Funding: The government must allocate sufficient funding to meet the growing demand for SEND services. This includes investing in inclusive education training for all teaching staff, and resources for schools, as well as ensuring that local authorities have the financial support, they need to deliver timely and effective EHCPs (ALLFIE’s Manifesto demands 3 and 5).

• Streamlining the EHCP Process: The EHCP process needs to be streamlined to reduce delays and improve efficiency. This could involve simplifying the assessment process, improving coordination between education, health, and care services, and ensuring that local authorities are held accountable for meeting statutory deadlines. Sections 26 (3)(4) and 36 (2) Children and Families Act 2014

• Improving the Quality of EHCPs: There must be a focus on improving the quality and specificity of EHCPs. This includes ensuring that plans are child centred, with clear and measurable outcomes. Regular reviews of EHCPs should be conducted to ensure that the provision remains appropriate and effective.

• Supporting Families: Families navigating the SEND system need greater support and guidance. This could include the provision of independent advocates, improved access to information, and measures to reduce the adversarial nature of the tribunal process. Ensuring that parents feel listened to and respected is crucial in rebuilding trust in the system.

The Need for Inclusive Education

The ongoing crisis within the SEND system reinforces the urgent need for a more inclusive approach to education. Inclusive education is not just about including Disabled children into mainstream schools; it is about creating an environment where all children and Young people, Disabled or non-disabled, can thrive together. This requires a systemic overhaul that prioritizes the needs of every child, ensuring that support is readily available and that schools are equipped to handle the diverse needs of their pupils.

Conclusion

It is possible to create a system that truly meets the inclusive education requirements of all children and Young people labelled with SEND, with adequate funding, streamlined processes, and a renewed commitment to supporting every Disabled child’s right to education.

For over 30 years ALLFIE has been at the forefront of the campaign for inclusive education for all Disabled people. We continue to fight for this right, and to stop the ongoing discrimination and oppression being experienced by Disabled children and Young people. We will not stop until while Disabled people are being denied their human right to inclusive education and failed by the education system.

What you can do

Please sign and share ALLFIE’s Manifesto