Phillipson says Send reforms needed ‘even if money were no object’ because current outcomes ‘not good enough’– UK politics live


Phillipson says Send reforms needed ‘even if money were no object’ because current outcomes not good enough

At her press conference Bridget Phillipson admitted that the number of children receiving education, health and care plans (EHCPs) is expected to rise. But she claimed the investment the government was making in early years provision would make a difference. She said:

double quotation markPart of the reason is all of the unmet need that we’ve seen develop over many, many years. If you’re a society that doesn’t have support when children are young and if where that support has been pulled away, as we saw in the past, then that does make a big difference to children as they arrive at school. It’s part of the reason that so many children arrive not ready to learn.

Phillipson said the government’s plans were “not about targets or numbers or cutting costs”. These plans were about “investment upfront to deliver better life chances for children”, she said.

double quotation markEven if money were no object, even if the system was not experiencing some of the challenges we see at the moment, we would need to make this change happen because the outcomes for children are just not good enough.

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Key events

3 layers of Send support available under new system, and how tribunal system would operate

Under the current Send system many parents go to tribunal to force their local authority to agree to provide their child with a education, health and care plan (ECHP) because this is seen as the only way of guaranteeing an adequate special needs educational provision. As the Commons education committee set out in a report on this last year, parents have a 99% success rate when they take these cases to tribunal. That reflects the fact that the provision often being offered routinely not met children’s needs. It also suggests that there are many more children who would qualify for an EHCP if their parents were prepared to go through the lengthy, cumbersome and potentially expensive tribunal process. (Parents do not need a lawyer to take a case to tribunal, but many of them do anyway, because they conclude it will help.)

As Kiran Stacey explains in his story, under the new plans parents will still be able to go to tribunal if they think their child needs an EHCP. But there will be restrictions on what the tribunal can mandate, compared to now. Stacey says:

double quotation markIf parents feel they have been unfairly denied an EHCP, they can appeal to a tribunal. But unlike under the current system, the tribunal will not be allowed to demand that local authorities send a child to a particular school, giving councils far more control over where Send children are educated.

Under the plans, children in year 2 and below who have EHCPs will be assessed under the new system when they move from primary school to secondary. The assessment could result in the plans being removed from thousands of children if they are not deemed to meet the new criteria.

The new ISPs will be administered by schools rather than local authorities, and parents who are unhappy with them will be asked to appeal to the school itself. If they still feel their child’s needs are not being met, they can appeal to a local authority or the Department for Education. But they will not be given recourse to a tribunal, as those fighting for EHCPs can.

This chart, from the DfE’s consultation paper, explains what three levels of support will be available under the new system.

Three layers of support available under new Send system Photograph: DfE

And this chart from the document shows how the tribunal system would operate.

How Send tribunal system would work Photograph: DfE
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