Special Educational Needs
The question
To ask the Secretary of State for Education, pursuant to the Answer of 2 April 2025 to Question 41244 on Special Educational Needs: Schools, what assessment she has made of trends in the level of local authorities not complying with that advice.
Answered by Catherine McKinnell
The ‘Special educational needs and disabilities code of practice’ is statutory guidance issued by the department.
Where a local authority does not comply with a statutory duty, such as reviewing a child or young person’s education, health and care (EHC) plan at least every 12 months, parents can complain to the Local Government and Social Care Ombudsman (LGSCO) after following the local authority’s formal complaints procedure. The LGSCO is able to look at how the local authority has carried out its statutory duties in relation to EHC plans.
The department holds local authorities to account for delivery of their special educational needs and disabilities (SEND) services through joint inspections by Ofsted and the Care Quality Commission. These inspections place a greater emphasis on the outcomes being achieved for children and young people. They are the primary tool to maintain a focus on high standards in the SEND system across all partners.
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