Hundreds of children with special educational needs in England have been left waiting for a year or more to access support as local authorities struggle to meet the demands placed on them.
According to Freedom of Information requests, some local authorities have seen children and young people waiting for over two years to receive an education, health, and care plan (EHCP) outlining the support they require.
The data from the FoI requests suggests that more than 20,000 cases across England exceeded the 20-week limit for EHCP issuance, with around 3,000 waiting for a year or longer.
Council leaders attribute this backlog to a surge in EHCP requests in recent years, coupled with insufficient funding to meet the needs of these children. Despite a 72% increase in EHCPs issued since 2019, dedicated funding from the central government for special education needs and disabilities (Send) has only risen by 42%.
Alex Dale, the cabinet member for education at Derbyshire County Council, emphasized the significant challenge posed by the delays in providing support to children with special educational needs. He stated, “It’s clearly a massive issue, and no local authority wants to be in a position where it is going over the statutory timeframe or making families wait any longer than they should.”
Dale, who also chairs the F40 group of local authorities advocating for fairer education funding, highlighted the primary reason behind the delays as the substantial increase in demand. He explained, “In my local authority, we’ve calculated that the number of EHCPs we have on our books, if you like, has doubled in the past seven years. And that’s pretty much replicated across the country.”
Derbyshire is allocating an additional £1 million to enhance its handling of EHCPs, yet Dale emphasized the financial strain this places on the council. He stated, “That £1 million has to come from the council’s own resources, which are already under significant pressure with numerous competing demands. It’s a real challenge. No one desires our current situation, but I believe it’s an inevitable consequence of the increased demand.”
Even after EHCPs have been issued, parents interviewed described a challenging process of appeals and tribunals to secure support. In York, for instance, parents of identical twins were offered only one place in a special school, sparking a nightmarish ordeal.
Shauna Leven, the chief executive of the Twins Trust charity, remarked, “Unfortunately, this case is all too common and mirrors others we’ve encountered. Families with multiples already face significant economic, social, and health challenges. Issues with school admissions only add to the stress and anxiety, for both the parents and the children.”
Another case in Guildford involving twins underscores the hurdles parents are encountering. David and Louise May have twin sons; one, without special needs, attends a mainstream secondary school preparing for his GCSEs. However, his twin brother, Jack, diagnosed with autism and ADHD, has been out of full-time education since summer 2022, despite having an EHCP through Surrey Council.
Initially placed in a mainstream school in year 7, Jack’s struggles rendered the setting unsustainable. After his parents appealed, an initial rejection of a special school place was overturned. However, the subsequent offer of a place in a special school for children with severe disabilities proved unsuitable. Jack’s parents then secured him a place at a private school, which abruptly ended after the COVID crisis, with the school citing its inability to meet his needs.
Currently, they await the local authority to revise Jack’s EHCP and hope for placement in a suitable school, while Jack receives 12 hours a week of home tuition funded by the council.
David and Louise May have been embroiled in an ongoing battle with Surrey Council over Jack’s education, with David May expressing frustration over delays in communication from the administration. He stated, “The problem is, in my opinion, that [Send] staff are overworked, underpaid, stressed out, and they can’t get enough places, and so there’s a massive turnover of staff. How can they place children without enough places?”
Munira Wilson, the Liberal Democrat spokesperson on education, highlighted Jack’s case during a parliamentary debate on special needs funding last month. She remarked, “Imagine how devastating it is for the parents to see one child thrive while their twin suffers.”
A spokesperson for the Department of Education affirmed the government’s dedication to enhancing support for children and young people with complex needs. They stated, “High-needs funding for children and young people with complex needs will be increasing to a total of over £10.5 billion in 2024-25 – an increase of over 60% since 2019-20. We are also investing £2.6 billion in high-needs capital over this spending review and doubling the number of special free school places to 19,000 once those in the pipeline are complete.”
Surrey has faced significant challenges with EHCP backlogs. A Freedom of Information request uncovered that by the end of October, 1,124 cases had exceeded the government’s 20-week deadline for EHCPs, with 148 waiting for more than a year.
Tim Oliver, the leader of Surrey County Council, acknowledged the issues within the Send system nationally and expressed regret over delays in responding to requests for education, health, and care needs assessments. He apologized for any distress caused to those affected.
Oliver highlighted Surrey’s commitment to reducing its EHCP waiting list, noting that by the end of January, the number of people waiting more than 20 weeks had decreased by 22%. He attributed this progress to various measures taken in recent months, including securing an additional £15 million of funding over three years to bolster the capacity of key teams, such as educational psychologists.
