By Colin Adamson, Solicitor, Palmers Solicitors
Local authorities have recently published figures which show a record-high number of children and young people with special educational needs and disabilities (SEND) are receiving support from local councils and education authorities.
Over 575,000 children now have an Education, Health and Care Plan (EHCP) in place – with almost 85,000 issued this year. A sharp rise from earlier years, it seems that education authorities are finding themselves struggling to keep up and continue to meet the access needs of children and young people.
The Local Government Authority (LGA) has identified an urgent need to reform the current approach to supporting SEND children – and the legal perspective certainly supports that.
It’s not necessarily about the politics of the situation – it’s about putting a system in place which prioritises the needs of individuals and access to education, as outlined already in protection laws.
Protection under the law
The Equality Act 2010 nominally gives protection under the law from inequality and discrimination to SEND children and young people under the category of disability.
In practice, it prevents schools and local authorities from withholding reasonable adjustments and support that would allow SEND pupils to fully engage with, and benefit from, their education. Almost all schools do have policies in place to reflect these obligations and make a concerted effort to abide by them.
However, the Act isn’t currently fulfilling its function across the education system as a whole. While young people have the right to access support for SEND needs, they are being let down by long waiting times and insufficient funds – which is practically curtailing their rights of access.
Furthermore, these record-high figures do not even account for these children who are waiting for an assessment or for measures to be put in place. Assessments must be carried out before a child is put on a local authority waiting list, meaning they go a long time without equality of access to their education.
Ultimately, children and young people are feeling disenfranchised with the education system – and parents and caregivers feel the same.
Accessing the right support
I am in the fortunate position of working with education providers and families of SEND children in my legal practice. Access to education is an area of particular passion for me, which drives the advice I offer to parents who are frustrated by the difficulties in accessing SEND support – which often leads to other issues in schools.
Another area of my practice surrounds expulsions and appeals. It’s a sad fact that delays in SEND support for pupils with behavioural or sensory needs often lead to disciplinary proceedings, potential exclusions and distress for the student and their family.
Naturally, I recognise the difficulties faced by local authorities. They have only so much money and time to put provisions in place for SEND students. They battle budget cuts and balance the competing needs of many schools and groups of pupils.
However, this only supports the need for education system reform further.
Parents I encounter paint a picture of an education system not designed to support large numbers of pupils with SEND needs in mainstream schools. That is not to say that any single school is contravening the Equality Act or purposefully denying pupils the support they need – rather, the system itself is not conducive to widespread support on an individual basis.
What needs to happen now is a review of how SEND needs are assessed and support allocated, how this can be done quickly and effectively in collaboration with parents and the child themselves.
Ideally, this side of my practice wouldn’t need to exist! For the moment, however, it does need to be available to parents and children who aren’t getting their educational needs met.
If any parents or schools would like to speak to me about the legal aspects of putting SEND support in place, feel get in touch with me at ColinAdamson@palmerslaw.co.uk.