Special Educational Needs Complaints Quadruple in England
Complaints regarding councils’ special educational needs and disability (Send) services in England have skyrocketed in recent years, shedding light on the growing crisis within the system. The local government and social care ombudsman (LGO) revealed that successful complaints have quadrupled in the past four years, with 1,043 cases upheld in 2024—an increase of nearly 40% from the previous year and four times more than in 2021.
The Send system, designed to support children with disabilities like autism and ADHD, has long faced challenges. However, the situation has reached a critical point since the coalition government expanded the age range of young people eligible for Send support without providing adequate funding to local councils. This imbalance has led to a toxic combination of mounting council deficits, unmet legal requirements, and families in distress, often left without proper schooling.
The impact of the COVID-19 pandemic has further exacerbated the struggles faced by children with Send. Ofsted reported in 2021 that these children were disproportionately affected by the disruptions caused by the ongoing health crisis, adding another layer of complexity to an already strained system.
Expert voices, such as Matthew Keer from the Special Needs Jungle website, highlight the severity of the situation. According to Keer, families do not lodge complaints lightly—they typically exhaust local avenues before turning to the ombudsman for resolution. The compensation offered by councils rarely covers the actual cost of required provisions, leading to a lack of improvement in local Send practices despite justified complaints.
Challenges and Delays in Send Provision
One of the primary concerns raised in complaints to the LGO revolves around delays in creating education, health, and care plans (EHCPs) for Send children. These plans outline the necessary provisions to meet a child’s individual needs, but only half of all EHCPs are completed within the mandated 20-week timeframe. For instance, in a case upheld by the LGO in 2024, Suffolk council took a staggering 18 months to develop an EHCP, resulting in the complainant’s daughter missing out on crucial education during that prolonged period.
Overall, there were 1,527 Send complaints lodged with the LGO in the previous year, encompassing cases that were both upheld and dismissed. This figure represents a significant increase from the 1,086 complaints in 2023 and the mere 391 complaints in 2021. Despite the growing number of complaints, the success rate of those seeking redress has remained relatively stable over time.
Call for Systemic Changes and Reforms
Amerdeep Somal, the local government and social care ombudsman, acknowledged the systemic issues plaguing the Send system and emphasized the need for comprehensive changes. Somal stressed the importance of fairness and practicality in the recommendations made by the LGO. In cases where significant and recurring faults are identified, authorities are mandated to provide action plans outlining how they will enhance services for children with special educational needs.
The Department for Education has responded to the escalating crisis by pledging £1 billion to improve the Send system and an additional £740 million to establish more specialist school placements. A spokesperson from the department recognized the current challenges faced by families navigating the system, noting the overemphasis on specialist provisions and the arduous process of securing adequate support.
While the road to reform may be long, the Department for Education remains committed to rebuilding families’ trust in the system. By shifting focus towards mainstream provisions and early intervention strategies, officials aim to deliver the transformative changes that families and children with special educational needs urgently require.
As the complexities of the Send system continue to unfold, the collective efforts of policymakers, authorities, and advocacy groups are crucial in ensuring a more inclusive and supportive environment for vulnerable children across England. The ongoing dialogue and actions taken to address these pressing issues will ultimately determine the future trajectory of special educational needs provision in the country.
