30 July 2024

At IPSEA, we have a clear message for the new government: the only way to resolve the SEND crisis is to acknowledge and address the real problems within the system. For too long, these issues have been ignored or misunderstood, and this has led to persistent failures that affect many of the children and young people with the greatest needs. 

The root of the crisis 

It is important to understand that the core issue is not with the SEND legal framework itself, but with how it is implemented. The SEND reforms introduced over a decade ago provided a robust set of legal rights designed to ensure that children and young people with SEND receive an education that meets their individual needs. These were the right reforms. However, the rights and entitlements of children and young people are constantly undermined by non-compliance with the law and a lack of accountability for this. 

Ignoring the problem 

In March 2023, the previous government published its SEND and Alternative Provision Improvement Plan. This plan, a follow-up to the 2022 green paper on SEND reform which concluded the SEND Review, set out which proposals for change the Department for Education intended to implement. However, both the SEND Review and the subsequent Improvement Plan failed to address, or even recognise, the root problem: persistent and widespread non-compliance with the law. Despite numerous reports and feedback highlighting this issue, there has been little to no action to ensure that local authorities fulfil their legal duties to children and young people with SEND. Instead, efforts have been directed towards further changes and 'tests' that only add confusion and create more barriers for families trying to navigate the system. 

A recent report commissioned by the Local Government Association and County Councils Network has further illustrated this failure. Titled 'Towards an effective and financially sustainable approach to SEND in England', the report concludes that children and young people with SEND are an 'existential threat' to local authority finances with ‘far-reaching reform’ the only solution which would entail removing children’s legal rights and their route of legal redress for when these rights are disregarded. 

This report reveals much about how children and young people with SEND are perceived by some local authorities. It highlights a troubling narrative that places financial concerns above the needs of children and young people with SEND. It also incorrectly blames the SEND system’s failures on the statutory framework rather than on the failure of local authorities to apply the law. 

The need for change 

The real transformation needed in the SEND system is not another set of reforms but a firm commitment to applying and enforcing the existing law. The SEND system must be made to work. 

At present, we have a legal framework that is not serving the very people it was intended for. We know that funding is a significant challenge for local authorities, but this should not be an excuse for disregarding – or even removing – the law. Imagine a world where traffic laws existed but were never upheld; chaos would ensue, and public safety would be at risk. If you speed in your car, you risk getting a speeding ticket because there is accountability. So, why is there no accountability when local authorities fail to meet their legal obligations to children and young people with SEND?

This lack of enforcement results in a system where only those who can afford legal advice or are well-versed in navigating the system can access the support they are entitled to, leaving many families at a severe disadvantage. To address these disparities and make the SEND system work, we believe the new government must commit to:

1. Applying the law on supporting children and young people with SEND.
2. Maintaining children and young people’s existing rights and entitlements.
3. Making mainstream schools more inclusive for everyone.
4. Making the SEND system more accountable. 

An opportunity to tackle the SEND crisis 

With a new government now in power, it is crucial for them to understand the real issues at play. It is not enough to acknowledge that the system is broken; they must commit to understanding the issues and fixing them. 

The SEND crisis will not be resolved through superficial changes or by relying on parents and carers to enforce their children’s legal rights. It requires a genuine commitment to address the real problems (which we’ve outlined repeatedly). 

At IPSEA, we are determined to ensure the voices of the families we support are heard by the new government. We look forward to engaging with decision-makers to discuss national policy on supporting children and young people with SEND and to advocate for their rights to be upheld. 

Read more about our work and the steps we believe are necessary to improve the SEND system in our manifesto.

 

About the author

Emma is responsible for building the IPSEA brand and promoting and marketing IPSEA’s services to multiple audiences. She manages and implements IPSEA's marketing campaigns, and coordinates our website, social media, PR and special events. Before joining IPSEA, Emma worked for the University of Cambridge as a Project Coordinator looking after the organisation of a wide range of executive education programmes. When not working, Emma is kept busy by her young children, and if she gets a spare moment, can be found reading a good book.

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