County Councils Network welcomes proposals to “rebalance” tribunal as part of SEND reforms

In a consultation paper published yesterday, the Government set out an increased role for mediation of disputes about special educational needs, with the SEND Tribunal remaining “as a genuine last resort”, but no longer with the power to name the placement for the child.

Meanwhile, the paper detailed plans to increase provision and support in mainstream schools, and raise the criteria for a child to secure an Education, Health and Care Plan (EHCP).

The Government proposed that by 2035, EHCPs - the legal documents which set out the extra help children are entitled to - will be reserved for only the most complex special educational needs.

Responding to yesterday’s announcement, CCN described the proposals as representing a “potential radical overhaul” of the system, “whereby mainstream schools are resourced to support more pupils with SEND needs.”

It added: “This should help ensure that more young people are supported in their local school with the requisite help in place without the need for an EHCP or a specialist placement, with a focus on prevention and early intervention within the wider system, including early years.”

Turning more specifically to proposals regarding tribunal reform, CCN said: “At present, tribunals can rule without any consideration for the costs beholden on the local authority’s limited budget – a root cause of the present financial crisis the system has generated for councils.

“A rebalancing so it is more equitable to all parties – addressing where faults have been made, but in line with the rights afforded to all children in the existing admissions process will make for a fairer system.”

While acknowledging that the Government will take over SEND costs in 2028, CCN warned that for the next two years, councils will remain under “significant pressure”, with many struggling with “unprecedented demand for services”.

The network noted: “Further resource for councils to bridge this period and enable councils to recruit the levels of staff to speed up support requests will be vital in ensuring a strong foundation for these reforms to the system. At the same time, the cost of transporting SEND children to school will remain a particular challenge, especially on rural councils and this will need addressing.”

It said that it will be engaging with its councils on the detail of the proposals “in the coming weeks”.

Lottie Winson