Question to the Department for Education:

To ask the Secretary of State for Education, what statutory time limits will apply when SEND Tribunals quash local authority decisions under the proposed Specialist Provision Package framework; and what safeguards will be put in place to prevent cycles of reconsideration impacting on provision.

The government set out its proposals for reforming the special educational needs and disabilities (SEND) Tribunal in its ‘SEND Reform: Putting Children and Young People First’ consultation document.

The department proposes that the SEND Tribunal will make binding judgments on local authority decisions to not undertake an education, health and care (EHC) needs assessment, whether a child or young person meets the threshold for a specialist provision package or whether the package(s) offered is suitable. The Tribunal will also consider whether a local authority’s decision about the placement named in an EHC plan is reasonable and, if they find against the local authority, it will have the power to require the decision to be retaken.

The SEND reform proposals are subject to consultation and further details will be set out in the government’s response to the consultation.