Question to the Department for Education:

To ask the Secretary of State for Education, what accountability mechanisms are in place in cases where a local authority is found to have delayed or cancelled access to statutory SEND provision.

The department publishes annual special educational needs data (SEN2) on education, health and care (EHC) plans and assessments, including timeliness. This informs performance monitoring and targeted support. Furthermore, joint Ofsted and Care Quality Commission Area special educational needs and disabilities (SEND) inspections provide an external evaluation of how effective local area partnerships, including the local authority, are at delivering SEND services for children and young people.

Where serious concerns arise, the department may intervene directly, using statutory powers and the deployment of SEND advisers and commissioners to ensure recovery and improve services for children and young people. This includes the consideration of installing a trust to take over the local authority’s responsibilities if they are found to be failing.

Parents and carers also have the right to contact the Local Government and Social Care Ombudsman if they believe their child’s EHC Plan has been delayed, not been issued within the legal timeframe, or if the council fails to provide the specified provision.