Question to the Department for Education:

To ask the Secretary of State for Education, what steps he is taking to ensure that service providers are held accountable if they do not meet their legal duties in respect of support to disabled children and their families.

Children and young people with special educational needs and disabilities (SEND) are a priority and where a local area is deemed to be underperforming, either by way of inspection or concerns raised, the department does not hesitate to intervene, including in cases of systemic and/or persistent failure. For example, we may issue a formal improvement notice or use powers under Section 497A of the Education Act 1996 to issue a statutory direction directing the Council to take any further actions we deem necessary, which may include requiring the responsible local authority to work with a SEND commissioner.

The department continues to work with Ofsted and the Care Quality Commission on the development of a new area SEND inspection framework. It is important that this is in line with the policy direction of the SEND and AP green paper but also ensures that we are able to support and hold local areas to account prior to the full implementation of any new reforms. Inspection has a key role in the continuing improvement of SEND services, both by identifying good practice and by highlighting areas of weakness where improvement is needed. It remains the department’s priority that local areas provide the right services at the right time for children and young people with SEND.

Where families wish to seek redress or otherwise resolve disagreements about education, health and care needs assessments or plans, they have the option to do so via disagreement resolution, mediation, or by registering an appeal with the first-tier tribunal (SEND). The department is currently consulting on proposals to strengthen this system in the SEND and AP green paper.