Question to the Department for Education:

To ask the Secretary of State for Education, what recent assessment he has made of the size of backlog in Education, Health and Care Plan assessments.

The Special Educational Needs and Disability (SEND) Regulations 2014 make clear that local authorities must complete an education, health and care plan (EHCP) assessment within 20 weeks from when the request is received, unless certain prescribed exceptional circumstances that are set out in paragraph 9:42 of the SEND Code of Practice apply.

The department does not collect data on the backlog of EHCP assessments.

The department uses data to monitor local authority performance and has been supporting local authorities to meet their statutory duties for SEND, including by providing challenge and support to those local authorities where there are long-standing delays. Additionally, because of circumstances relating to the COVID-19 outbreak, the department is carrying out monthly surveys of local authority performance. Each year, we also deliver a training programme to local authorities, health and social care staff on their statutory duties for EHCP assessments, as well as funding projects to support children with SEND. The department also collects data, published annually, on the numbers of EHCP needs assessment requests, numbers of plans issued and timeliness. These data can be found at: https://explore-education-statistics.service.gov.uk/find-statistics/education-health-and-care-plans.

The latest data show that there were 76,000 initial requests for an EHCP needs assessment during 2020 and 60,100 new EHCPs issued. Of the 60,100 new EHCPs made during the 2020 calendar year (excluding cases where exceptions apply), 58.0% were issued within the 20 week time limit.

Furthermore, Ofsted and the Care Quality Commission (CQC) continue with their full inspection programme and our team of SEND advisers and colleagues in NHS England are continuing to provide support and challenge to help improve performance. Depending on the underlying issues that each authority faces, such as those relating to EHCP assessments, we commission specialist and regional support from our delivery partners or facilitate/fund peer to peer support. The department has commissioned the CQC and Ofsted, with the support of the Department of Health and Social Care, to develop a new area SEND inspection framework and are in discussion on timings that align with any recommendations from the SEND Review. It remains our priority that local areas provide the right services at the right time for children and young people with SEND.