There is a lot of talk about the SEND (Special Educational Needs and Disabilities) system at the moment due to the current Labour Government plans for reform. There are worries that it will leave children with special educational needs and disabilities worse off than they are now. However, from my experience, I believe the problem with the current SEND system in schools is the lack of accountability
To give you some background, my son, Little L (9), was diagnosed with ASD, ADHD and DCD at the age of 7 after a three year wait. We then asked his mainstream school to apply for an EHCP (Educational Health and Care Plan). You don’t need a diagnosis to apply for an EHCP however, our Local Authority, Kent, are notorious for denying them in the first instance and the school suggested waiting for a formal diagnosis.
The EHCP was agreed after much toing and froing, and the LA sending over paperwork at the beginning of school holidays with a 14 day deadline meaning I could not speak to the SENCO – they do like to play mind games! Unfortunately, the EHCP was not the magic wand I hoped it would be. You see EHCPs are generally wish washy with their wording, they are sent over to parents to read through but, unless you understand the jargon and words and phrases used, they make little sense. Even utilizing the free support from charities, speaking to SENCOs and so on I found it hard to get my head around and, despite appearances, I am not daft!
EHCPs are Legally binding documents
This means that once a child has an EHCP the school they attend are legally bound to provide what is set out in them, or are they? Well, yes they are but if they can’t or don’t where do you turn?
Mainstream schools are just not set up to provide much of what is required in a lot of EHCPs, including my sons. He is currently in a class of 32 children with no permanent teaching assistant, this should not be the case according to his EHCP but where can you turn?
At his annual review in March last year his school advised that they cannot meet his needs as set out in his EHCP and we decided to request specialist provision from the Local Authority. The Local Authority refused and said they wanted proof that the school had tried everything. Having had someone who understands EHCPs better than I, it turns out it is quite obvious to anyone in the know that a mainstream school could not fulfill it, but as it is not categorically stated how would I know? And, why do the local authority maintain he should be in mainstream?
Taking the Local Authority to a SEND Tribunal
At this stage I decided to take the local authority to a SEND Tribunal, which is where you and the local authority put your case to a judge who decides which provision is best for the child. Parents win the vast majority of these and they cost the local authority millions to fight, ITV reported that Kent County Council alone spent over £2 million over three years. What an absolute waste of time and money, especially when you think about the poor children who are struggling in unsuitable education while waiting for these to take place. I started our tribunal back in August 2025 and our hearing date is October 2026!
When going to tribunal you and the local authority have to provide various documents and evidence and the tribunal gives deadlines. The local authority take these so seriously that they have missed two so far. This is where the accountability question comes in and why I feel that the system isn’t the problem, it’s that…
If something is a legal requirement why is not enforced?
The issues I am facing is that if a school cannot provide the legally required support detailed in an EHCP where do you turn? Mainstream schools don’t have a bottomless pit of money and they do not have the knowledge of neurodivergent children in order to support them. I cannot force my sons school to do anything. I emailed the SEN inclusion advisor who are supposed to liase with parents and schools to ensure schools are meeting the needs of the EHCP for SEN children, their reply was basically, speak to the SENCO, work with the school (which obviously I have been) and, well, go away. We have potentially until October 2026 for the tribunal, during which time my son is attending a school that isn’t suitable and have advised they cannot meet his needs and no where left to turn.
The local authority are basically useless, as all SEN parents know. They are just putting off the inevitable, costing time and money, to the detriment of the countless children they should be supporting. They are missing deadlines which have been set by the court, knowing that if they do that they could be barred from the hearing which means the judge won’t look at their evidence and rule in the parents favour. All this and it makes no difference to them and no one is holding them accountable. Yes, they get wrapped over the knuckles by the court but that’s it. My son still has to wait and I still have to fight. It is physically and emotionally exhausting.
Any new SEND support systems need to be watertight and there must be accountability
It’s all well and good wanting more SEN children to be educated in mainstream settings under the guise of being “inclusive”, but inclusivity should not come at the price of a childs education, health or emotional wellbeing. Many children cannot cope in a mainstream environment, it’s not just sitting still at a desk that can be an issue, its the sensory side of it too like noise, lighting the number of people and so on.
Making any changes to the current system absolutely MUST be backed up by accountabilty and somewhere for parents and schools to turn if and when needed, and it shouldn’t take years to get the help. Children are being failed and the effect it has on families can be devastating.
