SEND Provision: Local Authorities

Chris Coghlan Excerpts

Tuesday 3rd March 2026 Commons Chamber

[Chris Coghlan (Dorking and Horley) (LD)]

I welcome many aspects of the special educational needs and disabilities White Paper, especially those on early intervention and increased funding. We know that most local authority SEND staff care deeply, and we are grateful for them for that, but local authority SEND provision is chronically underfunded and too often this has led to corner cutting, a culture of dishonesty and brutalisation. I fear that the Government have seriously underestimated the scale of harm. One mum wrote on my Facebook page:

“My daughter is self-harming and suicidal. EHCP behind by weeks. Discharged by CAMHS as educational setting is the main reason for mental health struggles and has to change before any work can be done. We are just left watching our children suffer. How is breaking the law by all these services allowed and not prosecuted?”

To this point, Mathew Purchase KC has said that the schools White Paper has

“a lot of good intentions, but which, on the face of it, are going to reduce the ability for children and families to enforce what they are legally entitled to.”

Last week I published, with The Times, 20 cases of avoidable SEND child suicide caused by failures by local authorities. All 20 of those children would have had their education, health and care plan rights removed under the Government’s plan, so would potentially have been even more vulnerable. Three of their mums have asked me to speak about their children.

Patricia Alban is here today. Her son Sammy was autistic. His local authority removed his EHCP. Despite 13 referrals by the police to the council, it refused to provide him with any of the support he needed. After a history of suicide attempts, Sammy died, aged 13, after falling from a harbour wall. His inquest concluded that he died from

“inadequate support from the local authority and mental health services.”

My constituent, Jen Bridges-Chalkley, started college in October 2021. She was 17 and had been diagnosed with autism and attention deficit hyperactivity disorder. Her local authority failed to update the college, through her EHCP, about her risk of suicide. One month later, she was dead. Her 81-page inquest report detailed continuous and prolonged failures by her local authority to provide the support she needed.

Eivie White was 13 when she killed herself, after years of denials and failures by her local authority to provide the support she needed for her autism. Her older sister found her body. She had to continue sleeping in the same bedroom in which Eivie had hanged herself because the local authority would not provide new housing. Six months later, Eivie’s best friend killed herself, aged 13.

Those are just three of over 200 testimonies I have received about avoidable SEND child suicide—it is an epidemic. It is our country’s duty to protect our most vulnerable citizens. How can the Government even consider cutting children’s rights?

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[Georgia Gould]

I very often hear that exact story: too much support is locked behind a diagnosis that takes years, or behind a bureaucratic process. The reforms that we have set out move investment directly into schools and services that wrap around schools. We are introducing two new layers of support—targeted and targeted-plus—that will be available to children, without that battle for external validation. Teachers will be able to draw on that to support children in their classrooms. That is backed up by two new pieces of investment: £1.6 billion going directly into schools; and £1.8 billion into a new “experts at hand” service, to pay for speech and language therapists, occupational therapists, educational psychologists, specialist teachers and others who will support schools. Their support will be available for young people, including the one mentioned by my hon. Friend.

[Chris Coghlan]

I agree with what the Minister says, and it is good that all this provision is coming in, but I simply do not understand why, if she is so confident that these reforms will work, it is necessary to reduce children’s rights. I know that she is likely to say that the Government are not doing so, but it is the view of KCs—an authority I trust—that that is happening. In theory, if the reforms succeed, the demand to exercise those legal rights should naturally fall, because families should not need to use them, so whether or not those rights are there should be slightly irrelevant. However, if the reforms do not succeed, those rights gives families whose trust has collapsed the peace of mind that they can, in the worst cases, go to a tribunal and save their children’s lives.

[Georgia Gould]

It is really important to say to families that we are expanding their support and their rights. There will be new legal duties on schools to develop these new layers of support, which will mean that support is available earlier.

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[Chris Coghlan]

I have repeatedly raised with the DFE over the last year very serious misconduct by Surrey county council, including concealing for over 14 months the fact that it had the highest number of complaints in the country and reclassifying complaints as inquiries to reduce complaint volumes. As far as I am aware, no disciplinary action has been taken. This is not a party political point, because it is a Conservative county council, and I know that, off the record, some Conservative county councillors feel exactly the same way about their own administration.

I worked with the Department of Health and Social Care on reforming the Mental Capacity Act 2005, and I was very impressed by its willingness to acknowledge misconduct and the need for accountability and transparency in that case. To be frank, all I have seen from the Department for Education is a culture of protecting one’s own and of cover-ups. When will serious action be taken against local authorities that commit misconduct on SEND and systematic lawbreaking? The Secretary of State for Education said that local authorities will be held to account, but given what has happened with Surrey county council, how can we have any confidence that they actually will?

[Georgia Gould]

Following the letters that the hon. Member and others wrote to the Secretary of State, she instructed further intensive activity in Surrey, including a number of deep dives into the issues that were raised, which will report back shortly. There are SEND advisers going in, and there is very close monitoring of what is happening in Surrey and the progress being made, but I take the wider point that families have made to me and Members across the Chamber that there needs to be greater accountability for local authorities. We recognise the challenging circumstances that local authorities have been in, but more investment is going in, and with that investment has to come stronger monitoring, accountability and intervention when there is failure.

As is set out in the schools White Paper, we are strengthening what we are able to do in a number of areas. We are very clear that if there is repeated and long-term failure, we will take SEND from local authorities. Working with the Disabled Children’s Partnership, we are setting out new conditions under which local authorities will need to learn from tribunal judgments, publish action plans on the back of them and show much greater transparency and action.

[Georgia Gould]

As I set out, we have appointed a SEND adviser who is offering that challenge to Surrey county council. We will continue to monitor the situation very carefully and I await the outcomes of the deep dives. I will be meeting parents, along with the hon. Member for Dorking and Horley, to hear directly from them. I am committed to continuing to work with all the relevant MPs to ensure that children are getting the support that they need in Surrey. More generally, I am committed to ensuring that there is strong accountability and monitoring of performance, as well as putting in new investment and support.

I want to address the concern mentioned by the hon. Member for Dorking and Horley that some young people who had previously had support will no longer get that support under the new system. I refer colleagues to the draft annexes that set out the specialist provision packages. I hope that those annexes reassure them that, as well as looking at children who have physical disabilities and complex learning difficulties, two of the specialist provision packages focus on social and emotional needs, and the interface with mental health.

[Chris Coghlan]

I fully believe that the Minister’s heart is in the right place, but for me the test is what lawyers and KCs—not to big them up too much—are saying about the White Paper: specialist educational lawyers are clear that the White Paper is reducing children’s rights. I would love to support the White Paper, but our country desperately needs reforms in this area, as this debate has highlighted. If the Minister wants my support, she will have to satisfy KCs that there is no reduction in rights, and at the moment there is.

[Georgia Gould]

Attached to the schools White Paper and the SEND consultation document is our own analysis of children’s rights and all the areas where we are strengthening them. I want to be really clear that the intention of the reforms is to bring in more support earlier and to extend the rights that children have access to.

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[Chris Coghlan]

Will the Minister give way?

[Georgia Gould]

I will give way one final time.

[Chris Coghlan]

The Minister is being very generous with her time, and I am being slightly cheeky.

I have a horrendous case involving a child in Dorking who is 12 years old. I saw the mother in September, a week after the child’s second suicide attempt. The child and adolescent mental health services wrote to the GP one week later, saying that their risk of suicide was low, but there have been more self-harm incidents since then. This child has autism, and last week the county council rejected them from getting an EHCP, so I am literally at my wits’ end about what to do on this case. First, if I were to write to the Minister about this particular case, I would be hugely grateful if she could intervene. Secondly, how would she envisage this child’s situation improving after the reforms?

[Georgia Gould]

That is a truly tragic case. Of course, I cannot comment without knowing the full circumstances, but I encourage the hon. Member to write to me. There are two ways that the reforms could improve the situation. First, rather than having to wait for years, that support will go in a lot earlier. As well as the particular support for children with special educational needs and disabilities, we are working to bring more mental health support into schools to support children and young people. I mentioned the specialist provision packages and the drafts there, because I often hear from parents whose children do not get as much attention in the system because they internalise their social and emotional needs. Children who externalise those needs are sometimes not well supported either, but where they are internalised, those children get missed. We focused on those children and their need for specialist provision. For those children who can be supported in the mainstream, we want to put that support in earlier, but we want to have pathways into specialist support for those who need them.