By Catriona Moore and Laurie Ali Moxham

21 May 2026

Newly elected councillors from all political parties are taking up their roles in local authorities across the country following local elections this month. How much do they know and understand about their statutory duties to children and young people with SEND?

One of the main responsibilities of elected local councillors is scrutinising decisions about local services that affect the people and communities they represent – including decisions about children and young people with SEND and their families.

Earlier this year, the Local Government Association (LGA) published a guide for councillors who sit on local overview and scrutiny committees. Every local authority has one of these committees, which have a vital role to play in holding local authority decision-makers to account, ensuring public services are delivered effectively for local residents and providing constructive suggestions for improvement.

So far, so good: it’s essential that councillors, especially newly elected ones who may find themselves on scrutiny committees, understand what their role is and what they should be asking questions about.

An incomplete picture of SEND responsibilities

Looking at the LGA’s ‘Effective scrutiny of SEND services’, we see an opportunity missed. Instead of clearly setting out exactly what a local authority’s duties are to children and young people and what local councillors should be looking for and challenging, this resource presents an incomplete picture of what a local authority’s responsibilities actually are.

The LGA guide lists some of the things that local authorities must do for children and young people with SEND, including taking account of their views and wishes, publishing a Local Offer and reviewing EHC plans annually.

But it’s a far from complete list. It leaves out things like the duty to ensure that all children of compulsory school age receive a suitable education, that provision in EHC plans is delivered, and that children and young people are receiving the support they need within the required statutory timeframes.

These are all things that councillors need to know and understand, so they can build a picture of what it’s like to be a child or young person with SEND, or a parent, in their area.

“Appreciation” instead of accuracy

The LGA, which is the national organisation that represents and supports local authorities, is very keen to make sure that councillors strike the right tone. It is anxious that councillors don’t upset Cabinet members or directors of children’s services by asking questions that sound overly critical or unfriendly.

It suggests that councillors take an “appreciative” approach to their scrutiny role:

“Instead of focusing questions on problems, reframe the questions to shine a spotlight on what is working well and why.”

For example, the LGA guide suggests that a question such as “Why are we seeing declining performance in the timeliness and quality of EHCPs?” could be “appreciatively framed” as “When the EHCP assessment process works well for families, what does that look like?” And “Why is the Local Offer not meeting the needs of children and families?” could be made more appreciative by turning it into “What does an outstanding Local Offer look like?” You get the idea.

Understanding what is working well and why is of course important. But if our elected representatives only do this, they risk missing the bigger picture of what should be happening for children and young people with SEND and why it is not.

We know that many local authority staff are working hard and that budgets are tight. But if the law on supporting children and young people with SEND is not being followed, and children and young people are not getting the provision and support they need, that’s something that elected councillors should know and be concerned about.

Parents and carers know and are concerned about it, and they don’t have the option of reframing reality or avoiding conflict with decision-makers.

Being able to ask clear questions – even if they are a bit tricky to answer, or if they shine a spotlight on things that decision-makers would rather keep hidden – is absolutely essential for democracy to function, whether in local town halls or at Westminster.

Scrutiny is a skill, and our elected representatives need to be able to do it. The starting point – as always – is understanding the law.

About the authors

Catriona is responsible for IPSEA’s work in bringing about change by influencing the development of SEND policy nationally. Her background is in public policy and communications, and she has worked for a number of charities and public sector organisations, as well as in Parliament. In the past she has served as an elected councillor in a London borough, a special school governor and a charity trustee. She has personal experience of having a disabled child. In her spare time, she enjoys walking, reading, going to the theatre and being by the sea.

Laurie is a training coordinator for IPSEA, ensuring anyone who wants to sign up for a training day finds what they’re looking for and has a great experience. With a background in educational policy and campaigning, they also assist the Policy Team in research and administration. Their interest in policy and the law started while studying art history, where they specialised in art as a means of protest. Laurie has experience working with children with SEND and lives with a physical disability. In their spare time, they enjoy computer gaming, playing DnD and reading historical fiction.

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