Question to the Department for Education:

To ask the Secretary of State for Education, if she will make an assessment of the potential merits of making written feedback from schools consulted during Education, Health and Care Plan placement decisions legally binding on local authorities.

When preparing a new education, health and care (EHC) plan, or amending the setting named on an existing plan, a local authority must consult with any school or other setting it may name in the plan. The special educational needs and disability (SEND) code of practice: 0 to 25 years is statutory guidance that sets out how this should be done, and it stresses that a local authority must consider the comments of a setting very carefully before deciding whether to name it in an EHC plan. This consultation process allows the setting to voice any concerns, for example in relation to its capacity or ability to meet the needs of the child or young person. Advice from the setting will also contribute to the local authority’s development of the plan to ensure that it meets the child or young person’s needs, the outcomes they want to achieve and the aspirations they are aiming for. Informed by the response to its consultation, the local authority then decides which setting to name, following the statutory procedure for doing so. The local authority is the body best placed to gather the necessary advice and information and then weigh up all the relevant considerations in finalising an EHC plan.

This government shares the widespread view that improvements to the SEND system are badly needed and as part of our Plan for Change we are committed to ensuring all children and young people have the support they need to develop skills for the future. Details of our intended approach to SEND reform will be set out for consultation in a Schools White Paper in the autumn.