Question to the Department for Education:

To ask the Secretary of State for Education, what steps she is taking to ensure councils are held accountable in their duty to provide appropriate and sufficient support to SEND families during the process of attaining an Education, Health and Care Plan (EHCP); what assessment has she made of the potential incentive for councils to stall the process of EHCP provision, given these plans place long-term statutory and financial obligations upon already stretched councils; and what steps is she taking to increase transparency in the delivery of EHCP provision, to ensure SEND families are kept fully informed throughout the process.

The department is determined to strengthen the oversight and accountability of local authorities to drive up the quality of the service they provide. This is why, for example, as part of proposed special educational needs and disabilities (SEND) reforms that we consulted on earlier this year, we proposed strengthening the education, health and care (EHC) needs assessment process, so it is clearer, simpler and reflects the voice of parents, carers and the child or young person. We also proposed strengthening transparency and accountability around Tribunal judgments by requiring local authorities to publish regular updates that summarise any judgments against them and set out how they will remedy any wider systemic issues.

The SEND consultation has now closed. We are carefully reviewing and taking into account all responses submitted to the consultation, alongside feedback from engagement events and will set out our response in due course.

As to the current system, the department expects local authorities to work closely with families in their decision-making over EHC plans, to support them to participate fully in the process and to make decisions in a timely fashion, as they are required to do by law.

All local areas are due to receive a full inspection under the current Ofsted and Care Quality Commission Area SEND inspection framework by the end of 2027. As per the SEND reform consultation, we have proposed updating the framework to align to clarified statutory roles that local authorities and integrated care boards will have in relation to children and young people with SEND.

The department publishes annual data on EHC plans and assessments, including timeliness.

Where serious concerns arise, the department may intervene directly, using statutory powers and improvement partners to support service improvement.