SEND reforms likely to bring better outcomes but not financial sustainability, councils warn

The Local Government Association (LGA) said a survey of its members found 80% of councils felt there could be better outcomes but only 43% thought the new system’s finances would be sustainable.

A report for the LGA and the County Councils Network (CCN), also warned the existing SEND system was “peculiarly vulnerable” due to a “surging demand” for assessments during the long gap between publication of the reforms and enactment of the legislation in 2029.

The Government has proposed replacing Education, Health and Care Plans (EHCPs) – in which councils outline a child’s needs and support– with a new tiered system.

According to the report, a significant minority of councils have reported a “very significant surge” in demand for EHCP assessments, as parents seek to secure these before they are replaced. In some cases, assessments were up by one third on previous months.

This could mean that by the time legislation for the tiered system comes into force, the number of EHCPs may have “vastly outstripped” the Government’s growth projections.

The LGA urged the Government to support councils where levels of need rise beyond what is projected, and commit to absorbing any increased costs.

Local authorities also want more clarity over funding arrangements for SEND beyond 2028.

Although the Government said it would take over SEND funding from that year, the LGA said it was yet to offer any detail on whether future overspends or extreme rises in demand will be covered.

Amanda Hopgood, chair of the LGA’s Children, Young People and Families Committee, said: “While the reforms have been largely well-received, there remain significant and very live challenges within the existing SEND system.

“Building the foundations for a new model that meets children’s needs, while working within a broken system that continues to fail them risks undermining the delivery of the reforms.

“It is vital government works closely with councils, not just to deliver the reforms but to tackle the present challenges in the system.”

Bill Revans, CCN spokesperson for SEND, said: “Councils are clear that the changes only work as a whole.

“Ministers must resist the temptation to cherry pick the simpler changes and avoid the more difficult ones, otherwise we run the risk of simply repeating a system that is not working for young people, councils and schools alike.”

Cllr Revans said councils should not be “placed in the situation whereby they accrue eye-watering deficits due to national policy changes again”.

Based on the responses of 54 councils surveyed, the report found:

• 94% said the reforms would lead to a greater focus on early intervention;
• 81% said they would lead to better outcomes for children and young people with SEND;
• at least 80% responded positively or somewhat positively to each of the major aspects of the reform plan;
• 76% agreed that they would lead to a fairer and more consistent approach to providing support;
• 87% were confident they have the capacity to deliver the reforms but less than half were confident their partners locally, such as health and schools, would have the capacity

The report also urged the creation of clear incentives to reward schools for inclusive practice and hold to account where this fails.

Mark Smulian