Question to the Department for Education:

To ask Her Majesty’s Government what assessment they have made of the extent to which local authority performance targets for special educational needs teams, or individual staff within those teams, align with current legislation and guidance, in particular in relation to (1) the production of education, health and care plans, and (2) the number of placements in special schools; and what actions they propose to take in response to that assessment.

Local authorities are responsible for fulfilling the statutory duties on special educational needs (SEN) and disability placed upon them by the Children and Families Act 2014 and the SEND Code of Practice. This legal framework sets out clearly the process and timescales for producing Education, Health and Care (EHC) plans; and the process for determining the school placement of children and young people with EHC plans.

Local authorities must issue final EHC plans within 20 weeks of commencing an assessment. Data published in May showed that 59.2% of EHC plans were issued on-time, excluding exception cases. Some areas are managing 100%. We have emphasised to local authorities that, where there are delays, they need to communicate clearly about them with families.

The SEND Code of Practice is clear that EHC plans must be issued in sufficient time prior to a child or young person moving between key phases of education, to allow for planning and, where necessary, commissioning of support and provision at the new institution. The Children and Familes Act 2014 (Transitional and Saving Provisions) (Amendment) (No.2) Order 2014, as amended by the Children and Families Act 2014 (Transitional and Saving Provisions) (Amendment) Order 2015, require local authorities to prioritise the review of statements of SEN or Learning Difficulty Assessments (LDAs) for children and young people approaching the end of an educational phase.

Young people aged 19-25 are only able to draw on high needs funding from the Education Funding Agency where they have an EHC plan. Because some local authorities may not complete all the necessary transfers from LDAs to EHC plans by 1 September, EFA-funded institutions can continue to deliver programmes to 19-25 year olds where the young person has a Learning Difficulty Assessment and is receiving high needs funding, and where the local authority is in the process of an EHC assessment but has not finalised the EHC plan.

The Department does not set targets for the performance of individual local authorities. The Department monitors very closely nationally-published data on local authority performance on SEN and disability and provides support and challenge as appropriate.