As reported by BBC News, many children with complex needs in England are not receiving timely support due to councils failing to meet legal deadlines for care plans
Councils have a legal time limit of 20 weeks, in most cases, to issue an education, health and care plan (EHCP), after a parent or school asks for one.
BBC News has found eight councils met the deadline in fewer than 5% of cases, from April to December last year.
Councils say growing demand and insufficient funding cause delays.
An EHCP sets out the extra help a child needs to access education, on top of what is available through special education needs support.
Examples of extra support might include one-to-one lesson time, or help to learn at home for those with such complex needs that school is unsuitable.
More than 1.5 million pupils in England have special educational needs or disabilities (Send).
The latest figures, external from the Department for Education show 517,000 children and young people were on an EHCP in 2023 – the highest on record.
The government has said “high-needs funding” for those with complex needs is rising to £10.5bn in 2024-25 – an increase of more than 60% since 2019-20. It said councils were responsible for making sure children in their area receive appropriate education.
However, many councils are struggling financially. In a report published in February, one in 10 councils that responded said they plan on cutting services for children with Send, to help balance their books.
Conservative MP Robin Walker, who chairs the Education Select Committee, said the delays to EHCPs being issued were “deeply concerning”. He says the EHCP system is supposed to support children to help them have an education, which is “a basic right”.
“I think the design of that system is right but if it’s not working we need to look urgently at where the investment is needed, where the changes are needed to make this system work,” he added.
The BBC made Freedom of Information requests to 152 local education authorities across England. Two thirds responded with the latest data. The findings suggest:
At least 12 councils are completing EHCP assessments within the 20-week limit in fewer than 10% of cases
Of those, 8 councils are issuing plans within the timeframe in fewer than 5% of cases
In Essex, 9 out of 1,360 cases were completed in time between April and December last year, giving the authority one of the lowest rates. Five years ago, 66% of plans were on time
In Portsmouth, out of 148 cases, only one was completed within the time limit – compared with five years ago when 95% of cases were on time.
Both Essex and Portsmouth councils say they are working to tackle delays.
They say there has been a rise in requests for EHCPs since the pandemic, as well as a shortage of educational psychologists – whose advice must form part of the EHCP assessment process.
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