Eight in 10 councils believe government SEND reforms would lead to better outcomes for children and young people but less than half (43 per cent) felt they would lead to a more financially sustainable system, according to a new independent analysis published today.
Eight in 10 councils believe government SEND reforms would lead to better outcomes for children and young people but less than half (43 per cent) felt they would lead to a more financially sustainable system, according to a new independent analysis published today.
The report, commissioned by the Local Government Association (LGA) and County Councils Network (CCN), also warns the existing SEND system remains “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.
Government reforms propose replacing Education, Health and Care Plans (EHCPs) – a legal document provided by councils outlining a child’s needs and the support they will receive – with a new tiered system.
The report, SEND reform: putting children and young people first – The view from local government on impact and implementation, suggests a significant minority of councils have already reported a “very significant surge” in demand for EHCP assessments, as parents seek to secure an EHCP before they are replaced. In some cases, assessments were a third higher than they would have been in previous months.
While it is yet to be seen if this trend continues and is more widespread, the report warns there is a “very real risk” that by the time the legislation comes into force, the number of children and young people with EHCPs may have “vastly outstripped” the Government’s current growth projections for the next three years.
Councils say it is vital government steps in to support them where levels of need rise beyond what is projected, as well as commit to absorbing any increasing costs. It would not be right for councils to pick up the costs of a failing system.
Local authorities are also calling on government to provide more clarity over the future funding arrangements for SEND beyond 2028 as soon as possible. Whilst government did say it would take over SEND funding from that year, it has yet to offer any detail on whether future overspends or extreme rises in demand will be covered.
Based on the responses of 54 councils surveyed, the report reveals:
- 94 per cent said the reforms would lead to a greater focus on early intervention
- 81 per cent said they would lead to better outcomes for children and young people with SEND
- At least 80 per cent of local authorities responded positively or somewhat positively to each of the major aspects of the reform plan
- 76 per cent agreed that they would lead to a fairer and more consistent approach to providing support
- 87 per cent 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
Councils say it is vital that government works with them closely to deliver the reforms, with all partners clearly accountable. This should include clear incentives to ensure all schools are rewarded for inclusive practice and held to account where they are found not to be.
Whilst local authorities believe the proposals, taken together, are coherent and right – they say that they will only work if enacted together. Ministers must resist the temptation to ‘cherry pick’ the simpler changes whilst avoiding those that may be more difficult.
Cllr Amanda Hopgood, Chair of the LGA’s Children, Young People and Families Committee, said:
“We are pleased government acted on the calls of councils and set out comprehensive and ambitious reforms to improve the educational outcomes of children and young people with SEND.
“However, as this report highlights, 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.”
Cllr Bill Revans, SEND Spokesperson for the County Councils Network, said:
“This survey is an important stock-take on what councils think about the government’s important SEND reforms. The clear consensus is that they could lead to better outcomes and experiences for young people, even if the immediate future remains very challenging, as this report highlights.
“However, 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.
“Whilst a commitment to fund SEND costs after 2028 is welcome, the announcement still remains light on detail. Put simply, councils should never be placed in the situation whereby they accrue eye-watering deficits due to national policy changes again. In recognition that this is a ten-year change programme, government must set out how it intends to absorb any deficits accrued after 2028 and extreme rises in demand.”