Councils "must learn lessons of past" over handling of children with SEN

Councils must “learn the lessons of the past” in relation to their treatment of children with Special Educational Needs (SEN) if future mistakes are to be avoided when the Children and Families Bill is introduced, the Local Government Ombudsman has said.

In a report, SEN: Preparing for the Future, the LGO said it had received more complaints about education and children’s services than any other area in 2012/13 (3,432 out of 20,186 complaints or 17% of the total).

Complaints about SEN provision accounted for 8.6% of all education and children’s services complaints.

The report identified a number of areas of significant concern arising from these complaints:

  • Delays in the process – “which can often lead to other problems, such as the loss of education”;
  • Inadequate assessment and review of statements of SEN;
  • Poor planning of an individual’s SEN support – particularly in the key transition phases;
  • Failure to provide specific SEN support – such as qualified specialists;
  • Unlawful exclusions – “children wrongfully excluded from the educational system due to their SEN”; and
  • Failure to ensure suitable SEN provision in a council’s area.

The LGO said children with SEN, and their families, “must be treated fairly and receive the support to which they are entitled”.

The Children and Families Bill, which is currently going through Parliament, will revise the way SEN is provided when it is introduced in September 2014. Its changes include extending the responsibilities of councils and educational establishments for provision up to the age of 25.

It will also replace statements of SEN with Education, Health and Care Plans. These will be created through a single assessment process and closer joint working between councils and NHS trusts. The assessment period will also be reduced from 26 to 20 weeks.

The aim of the legislation is to increase the voice of the child or young person with the process, reduce the time taken to complete assessments, ensure a holistic plan for those with assessed SEN and improve outcomes for all.

The LGO’s report contains a series of case studies and makes a number of recommendations based on good practices seen in councils across the country.

It also sets out a series of questions that councillors and committees could ask of their local authorities when scrutinising the delivery of services for children with SEN.

Dr Jane Martin, Local Government Ombudsman, said: ”Children with SEN, and their families, must be treated fairly by councils so they receive the support to which they are entitled. It is not acceptable when pupils miss out on crucial education, are unlawfully excluded or have their education opportunities adversely affected.

“A common phrase we hear from families when resolving a dispute about SEN is that it feels like a constant battle. It should not be this way. When things go wrong it is vital that councils act quickly to avoid children being disadvantaged.”