28 May 2025

Two weeks ago, I gave evidence to the House of Commons Education Select Committee on behalf of IPSEA and the families we support. The evidence session was part of the committee’s ongoing inquiry into ‘Solving the SEND crisis’ and focused on accountability – or, as I emphasised, the lack of it.

The committee is looking for solutions and has received all sorts of suggestions. It will be of no surprise that IPSEA’s are essentially: Keep the law the same and get local authorities (LAs) to comply with it.

“How?” you might wonder. I gave the committee our answers:

1. LAs should be expected to make lawful decisions about assessment and provision for children and young people with special educational needs and disabilities (SEND) and face negative consequences if they don’t 

2. The DfE should consult with LAs about local barriers to complying with the law and proactively review local policies to ensure they are legally compliant  

3. Ofsted inspections should incorporate the extent to which schools comply with legal duties to be inclusive for children with SEND 

4. Area SEND inspections should prioritise monitoring local areas’ compliance with statutory duties and treat breaches as significant weaknesses requiring action with oversight 

5. The Local Government Social Care Ombudsman (LGSCO) should be able to investigate complaints about schools, and 

6. SEN Support should be made statutory, accompanied by adequate, ringfenced funding and training

I used the opportunity to share families’ experiences of law-breaking by LAs, SEN Support and inspections – emphasising that parents’ views need to be properly considered and that “inclusion” means much more than admission to a mainstream school.

I was asked about LAs’ financial deficits and whether the SEND Tribunal should consider LAs’ financial resources when making its decisions (something it already does). With so much media coverage focusing on costs this was unsurprising. Before the evidence session, I couldn’t help but be concerned that others’ evidence (local authorities and those representing them) would be pushing the committee to consider the ‘crisis’ as a purely financial one. It’s not.

The real crisis is what children and young people without the support they need and their families are living every day because the law is not being followed. It won’t be “solved” if the focus is on balancing the books. The focus must be on children and young people: their needs won’t disappear if someone decides they cost too much to meet.

I told the Committee that the decision that needs to be made is whether children and young people with SEND are important enough to prioritise and fund and that “any decision that they are not would amount to the public endorsement of the devaluing of children and young people with special educational needs in this country”. I’m surprised I kept my composure when saying this as its enraging that it needs to be said.

There’s more on the evidence I and the other witnesses (from Ofsted, CQC and the LGSCO) gave online: If you like, you can watch the full two hour session or read the transcript. If you balk at the idea of ever having the time or inclination for that, our article includes some short clips and there are some posts on IPSEA’s social media.

What next?

Since the evidence session, I’ve been asked why the message needed to be “don’t overhaul the legal framework” – which would be the opposite of holding LAs to account – and what was at risk. Right on cue, we hear of a government advisor musing on a shake-up of EHC plans. To be clear, there’s been no official government proposal and if we object loudly enough we could fend one off. We have a template letter you can use to write to your MP for assurance that they will protect children and young people’s existing rights. There is also a parliamentary petition (not organised by IPSEA) on protecting children and young people’s legal rights, which you may wish to sign.

In terms of the committee’s inquiry, it’s hard to tell how much of IPSEA’s evidence will be properly taken onboard. I was somewhat reassured by the attentiveness and engagement of committee members during the evidence session though.

There’s no published end date for the inquiry, but given the rumours of a government SEND policy paper this summer, we expect that the select committee will want to produce its final report and recommendations to ministers sooner rather than later.

In the meantime, amid ongoing speculation about Government plans for SEND reform, we’ll continue using every opportunity to push for changes that make the system work as it should for children and young people with SEND.

 

About the author

Georgina is a qualified solicitor. Georgina monitors and provides legal support to IPSEA volunteers, and manages IPSEA’s written resources and Upper Tribunal appeals. As a member of IPSEA’s legal team she delivers IPSEA’s training programme to volunteers and to various external audiences including parents, schools and SEN professionals. She also contributes to IPSEA’s work to improve SEN policy at local and national levels. Outside of work, Georgina enjoys live music, motorbike rides and volunteers on a therapeutic care farm and supporting hippotherapy for children with complex neurodisabilities.

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